Terms and Conditions for the Sale of Goods and Services (revision March 2015)
Click here to download our Terms & Conditions.
Buyer The person who buys or agrees to buy the goods from the Seller.
Conditions The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods The articles which the Buyer agrees to buy from the Seller.
Online Refers to the seller’s website and orders placed through that medium.
Price The price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller Registered office: Synectic Design Ltd. 48 Brindley Close, Farnworth, Bolton. BL4 0AG
Trading Address: Synectic Electronics, 54 Queen Street, Farnworth, Bolton. BL4 7DX
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of [a director of] the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be [(amount)] (or) [the price quoted on the Seller’s confirmation of order]. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice. The Price is in GBP (sterling). The price when goods are shipped outside the UK or EU does not include any duties or taxes imposed by customs these are entirely the responsibility of the buyer.
4. Credit accounts, Payment and Interest
4.1 Payment in advance of despatch can be made at the time of placing an order through the seller’s online shop via credit card. Payments via credit card can also be taken over the phone. Payments are processed through the secure services of Worldpay.
4.2 Credit accounts are available at the discretion of the seller. A customer wishing to open a credit account must supply such information as requested by the company. The company may make a search with a credit reference agency. The company reserves the right to refuse or discontinue any credit facilities at any time at its discretion.
4.3 Payment of the Price and VAT is usually due no later than the end of the month following the date of despatch.
4.4 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base. Such interest shall accrue after as well as before any judgement.
4.5 The Buyer shall pay all accounts in full and not exercise any rights of set-off counter-claim against invoices submitted by the seller.
The seller reserves the right to refer any invoice outstanding beyond the terms (see 4.1) to Daniel Silverman Ltd. If the debt is passed to Daniel Silverman to pursue a surcharge of 15% plus VAT will be added to any monies due (in addition to those stated charges at para.4.2). The surcharge together with all other charges incurred in the pursuance of the debt will be the responsibility of the customer and will be legally enforceable under English law.
5. Goods description and Intellectual Property rights
5.1 The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order. In line with our policy of continuous improvement, specifications may from time to time vary slightly from those advertised.
5.2 Intellectual property. The products offered for sale by the seller may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, and or other rights of third parties. No right or licence is granted to the buyer unless agreed in writing, except the right to use the Supplies or re-sell the Goods in the buyer’s ordinary course of business. The seller shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. The Company owns full copyright in respect of the Synectic datasheets, manuals and website and its reproduction in whole or part is prohibited without the Company’s prior written consent.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The goods offered for sale are specialist items and as such may not be immediately available for despatch. The company will make every endeavour to deliver the goods on a date agreed at the time of taking the order. The Seller undertakes to use its reasonable endeavours to despatch the Goods on the agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
7.5 As stated in section 3 when goods are shipped outside of the EU any customs duties or taxes are entirely the responsibility of the buyer.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods [72 hours] after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within [72 hours] of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full
9.3 Until title passes the Buyer shall hold the Goods as Bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 Repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 For that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods not withstanding that title in them has not passed to the Buyer.
10. Delivery Information;
In General unless you request otherwise Synectic staff will endeavour to despatch the goods within 24 hours of receipt of the order. If this is not possible we will inform you. the UK cut off time is 3pm for same day despatch if the goods are in stock. For overseas shipments (outside the UK) the cut off time is 10.30am for same day shipment if the goods are in stock.
Carriage of Goods
Carriage will be chargeable on all sales. This will be at cost plus a nominal sum for packaging.
For deliveries to the UK a ‘Next Day’ courier service will be used. This excludes weekends and bank holidays.
The cost of carriage change from time to time in line with costs imposed upon the seller. The price of carriage costs will be outlined on the web site with varying bands for many overseas territories which the seller reserves the right to alter by negotiation with the buyer should the cost of a shipment to a particular territory make the transaction uneconomic.
The buyer must verify with the seller that the goods are available for despatch before purchasing any of these delivery options if the date of delivery is of high importance to them.
At the time of publishing the cost of carriage for the UK will be at a flat rate regardless of weight
£6.50 for delivery on the weekday after goods are despatched
£9.00 for guaranteed Next day AM delivery.
£13.50 for Next day 10.30AM
£20.00 for Next day 9AM
And £28 for Next day when next day is a Saturday
Overseas rates will varying dependent on the Region but at a flat rate regardless of weight.
All exports are sold with incoterms ‘Ex-works’ duties are at the buyers cost.
The length of time for delivery by express services can vary between countries. In the UK we use a next day service as standard but outside the UK you can expect 3-5 days, Customs clearance not withstanding.
EU countries: £20.00
China and the Far East: £30.00
Version from March 2015