Business Terms and Conditions
“The Buyer” means the account applicant or business who buys or agrees to buy goods from The Seller.
“The Seller” means Allcam Mobile Products Limited, company registration No 04419714, registered office address Merit House, Stanhope Street, Birmingham B12 0UX, United Kingdom. Conditions means the conditions of sale set out in this document and any special conditions agreed in writing by The Seller.
“Goods” means any goods or services offered for sale by The Seller from time to time.
“General Goods” means any goods offered for sale to the general public and businesses in original form and in original packaging.
“Customised Goods” means any General Goods with any variation(s) as may be requested by the Buyer, for example but not limited to: change of model numbers, change of bar codes, change of brand names/logos, change of packaging, change of manuals and instructions, change of colours, and change of finishes.
These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
No variation or addition to these conditions shall be effective unless agreed in writing by the Seller.
No contract for the sale of goods shall arise until the Seller despatches the goods to the Buyer or the Buyer notifies The Seller in writing of its acceptance of the Seller ‘s quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
Nothing in these conditions shall affect the statutory rights of the Buyer.
The price shall be that on the Seller ‘s current list price (or if applicable, the price contained in the Seller ‘s quotation).
The Seller reserves the right to revise prices prior to despatch of goods to reflect any direct or indirect increase in costs. If the Seller revises the price the Buyer must be informed prior to despatch and have the option to cancel the order. If the Buyer cancels the order due to price revision any money they have paid will be refunded in full.
All prices are exclusive of VAT and charges for packing, postage and carriage plus VAT which shall be paid in addition.
Payment is due in full on the terms of credit agreed in advance. Time for payment shall be of the essence and any failure to pay shall entitle the Seller to charge a monthly interest of 1%.
If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.
- Warranty and Liability
The Seller warrants that the goods will be at the time of delivery correspond to the description given by The Seller. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the Buyer warrants that the Buyer is satisfied as to the suitability of the goods for the Buyer’s purpose. The warranty is non-transferable.
Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. Should the Seller fail to deliver goods on an agreed delivery date the Buyer shall have the right to cancel the order and receive a full refund of any monies paid to The Seller.
Failure by the Buyer to pay for any installment or delivery when due shall entitle The Seller to withhold further deliveries and the Buyer shall be liable for any costs incurred by The Seller relating to such goods which The Seller is then entitled to withhold Delivery of the goods shall be made to Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
- Ownership and Risk
The risk in goods shall pass to the Buyer when either the Buyer receives the goods or a contract is made but the goods are kept at The Seller ‘s premises at the Buyer’s request.
The Seller remains the owner of the goods affected by the contract until The Seller has been paid in full for such goods.
If any payment due under these conditions is overdue in whole or in part, The Seller may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the Buyer’s premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the Buyer shall be liable for all The Seller ‘s costs of so doing.
The Buyer shall inspect the goods immediately upon delivery and shall notify the Seller within five days of delivery if the goods are damaged or do not comply with the contract. If the Buyer fails to do this, he is deemed to have accepted the goods.
- Cancellation Returns
Any goods in respect of which any claim or defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either: retained by the Buyer for a reasonable period to enable The Seller or its agent to inspect or collect the goods or at the Seller ‘s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the goods are in fact defective.
7(a). Cancellation of Order – General Goods
The Buyer may cancel any order at any time prior to despatch by contacting the Services department:
By phone on 0121 440 8900,
By email at [email protected],
Unless we agree in writing otherwise, cancellation of general goods after despatch is not accepted.
The Buyer will pay for the return of general goods to the Company. Any returns remain the property of The Buyer until received on premises at the Company.
All goods returned to the Seller must be as complete, including accessories and original packaging as received.
The Seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
7(b). Cancellation of Order– Customised Goods
The Buyer cannot cancel any order(s) for customised goods. The Buyer may still serve the Seller in writing his intention to cancel such order(s), by doing so the Buyer agree to pay all costs involved in the fulfilment of such order(s), and the subsequent disposal of any finished or semi-finished parts and products.
- Force Majeure
The Seller will not be under any liability whatsoever in the event that The Seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond The Seller ‘s control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by The Seller.
- No waiver
The Seller ‘s failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance of compliance with any of these conditions.
Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in circumstances not exceed the price of the goods and The Seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
These conditions shall be construed in accordance with English law.
These conditions do not affect the Buyer’s statutory rights.