Terms and Conditions

GENERAL

References to ‘the company’ relate to POS Limited T/A POS Logistics.

References to ‘the customer’ relate to the individual, firm, company or organisation receiving goods or services from the company.

References to ‘the goods’ relate to any products or services offered by, or purchased from the company.

These conditions shall apply to and be incorporated into every agreement between the company and the customer under which the company supplies or agrees to supply goods or services at the request of the customer.

No contract in respect of the goods, between the company and the customer’s order has been accepted by the company.

These conditions shall take precedence over any conditions stipulated in any communication or document of the customer and shall not be varied without the express written consent of the company.

Any quotation and contract resulting therefrom shall in all respects be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.

PRICES

Prices quoted by the company are current at the time of quotation and subject to other conditions valid for a period of 30 days therefrom; if delivery occurs outside the validity period of the quotation the company reserves the right to alter the price payable by the customer according to the price ruling on the date of despatch.

Where agreed call-offs are not adhered to by the customer, the company reserves the right to amend the price structure in accordance with the quantities delivered.

Unless otherwise specifically stated, any prices quoted by the company are inclusive of packaging but exclusive of:

i. value added tax (which shall be payable without deduction and shall be calculated on the cash discounted value of each invoice) and/or any other taxes;

ii. Carriage and insurance;

iii. any release certification necessary.

PAYMENT

Payment for the goods shall be made by the customer on or before the date fixed in accordance with the terms agreed by the customer and the company.

In the event that payment shall not have been made by such date, the company shall be entitled to recover the interest on the amount outstanding, calculated at 5% above Barclays Bank Plc’s base rate for the time being in force calculated on a daily basis.

RETENTION AND PASSING OF TITLE

The risk in the goods shall pass to the customer on despatch, but until the company has received settlement in full, the goods shall remain the ownership and property of the company and the company have the right without prejudice to the obligation of the customer to pay the price to recover the goods and for the purpose thereof the company or the company’s nominated agent may enter upon any premises of or occupied by the customer or third party with the consent of the third party. Software licenses apply to the customer only and are non-transferable.

FORCE MAJEURE

If the company is prevented at any time from performing any contractual obligation or if any loss, damage, injury or delay is occasioned by or due to any cause beyond the company’s control including but without prejudice to the generality of the foregoing expression the commission of any criminal act, shortage of goods, act of war, civil commotion, accident, industrial action, act of God or any restriction imposed by any local municipal or government authority (including customs authorities) whether British or foreign, the company shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the customer and the company shall not be liable for any such loss, damage, injury or delay as aforesaid.

GUARANTEE

All goods supplied by the company shall benefit by the warranty given by the manufacturer, if any, and this benefit shall be passed on to the customer accordingly.

The company’s liability in respect of the goods shall be limited to the replacement of faulty goods or the issue of a credit note in respect thereof or the granting of a refund or equivalent compensatory measures as the company considers appropriate at it’s discretion.

The company shall not be liable for loss or damage sustained to the goods in transit from the customer or the company.

The company shall not be liable in contract, tort or otherwise for any injury, damage or loss resulting from defects or from anything done or omitted in connection with the goods or from any work done in connection therewith.

While the company make every effort to ensure that all goods sold are of merchantable quality, these goods are sold on the understanding that the company cannot be held responsible for any losses caused through the failure of these goods to function as intended, or their failure to be delivered within a reasonable time frame from the placement of your order.