Re: Tienda opinion
R K Electronics Trading Ltd TERMS & CONDITIONS
The following terms of Sale and Supply shall apply to each order for the supply of goods that R K Electronics Trading Ltd shall receive from you from this site, unless otherwise agreed in writing. Acceptance of Customers' orders shall be subject to these terms and cannot be altered by any other terms of purchase.
Orders
1. No order submitted to R K Electronics Trading Ltd shall be deemed to be accepted by R K Electronics Trading Ltd unless and until confirmed in writing (either by invoice submitted with goods delivered, or otherwise) by R K Electronics Trading Ltd's Authorised Agent.
No order which has been accepted by R K Electronics Trading Ltd may be cancelled by you except with the prior written agreement of R K Electronics Trading Ltd or its authorised representative.
By placing an order you agree to be bound by these terms and conditions and further acknowledge that these terms and conditions comprise the only terms and conditions upon which the goods ordered by you are supplied and that they shall not be deemed to be altered or varied to any extent by any previous correspondence between R K Electronics Trading Ltd and you or by the provision by you to R K Electronics Trading Ltd of any other terms and conditions in respect of such goods.
Supply and Return
2. Risk of damage to or loss of the goods ordered shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the goods, the time when R K Electronics Trading Ltd or its agent (or any other company on behalf of whom R K Electronics Trading Ltd acts if merchandise belong to that company) has tendered delivery of the goods. Notwithstanding delivery and the passing of the risk in the goods, or any other provision of these terms and conditions the property in the goods shall not pass to you until the later of the date of delivery or the date on which R K Electronics Trading Ltd has received in cash or cleared funds, payment in full of the price of the goods.
* Delivery
3. Subject to the payment of the applicable freight charges by you, the goods will be despatched to you freight paid.
4. Any dates quoted for delivery of goods are approximate only and R K Electronics Trading Ltd shall not be liable for any delay in delivery of goods howsoever caused.
Charging and Selling
5. Invoices shall be raised as quickly as possible and despatched with, or separately to the goods in question.
Payment
6. The price of goods shall be the published price as shown on the invoice less such discount as may have been agreed between R K Electronics Trading Ltd or its authorised agent and you in writing as shown on the invoice.
Unless the contrary is stated the price is exclusive of any applicable value added or other tax which you shall be additionally liable to pay to R K Electronics Trading Ltd
7. No settlement discounts or other deductions may be made against amounts due on our invoices or statements. Payment will be due immediately upon receipt of the invoice or goods whichever is the earlier, unless payment is made at the time of the order.
8. If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to R K Electronics Trading Ltd, R K Electronics Trading Ltd shall be entitled to charge you interest (both before and after any judgement) on the amount unpaid at the rate of 3% per annum above National Westminster Bank Plc base rate from time to time, until payment in full is made.
Queries or Claims
9. Any claim for credit or replacement stock in respect of any delivery of goods shall only be considered if such a claim relates to shortage, damage, defect in quality or condition, failure to correspond with order or non-delivery and is received in writing at the R K Electronics Trading Ltd address shown on the invoice and marked for the attention of the Customer Services Supervisor, within 14 days or the date of the delivery of the goods to you in the United States or Eire (or, in the case of claims of non-delivery, of the date of invoice) or within 28 days of the date of delivery of the goods to you outside the United States and Eire (or, in the case of claims of non-delivery, of the date of invoice). If claims are not submitted within such time limits R K Electronics Trading Ltd shall have no liability in respect of such claims and you shall be bound to pay the price as if the goods had been delivered in accordance with the agreement.
Liability
10. This agreement for the supply of goods shall be governed by the laws of New York.
11. R K Electronics Trading Ltd shall not be liable to the customer or be deemed to be in breach of the agreement with the customer by reason of any delay in performing or any failure to perform any of its obligations in relation to the goods if the delay or failure was due to any cause beyond R K Electronics Trading Ltd's reasonable control.
Where the goods are sold to you under a transaction in which you are acting as a consumer your statutory rights are not affected by these conditions.
Except in respect of death or personal injury caused by R K Electronics Trading Ltd's negligence, R K Electronics Trading Ltd shall not be liable to you or any other person by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the agreement for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of R K Electronics Trading Ltd, its employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you or any other person except as expressly provided in these terms and conditions.
Infringement
12. You shall notify R K Electronics Trading Ltd forthwith in writing upon becoming aware of any claim for infringement of any patent, copyright, design, trademark, service mark or other industrial or intellectual property rights in or relating to the goods.
Insolvency
13. If:-
(a) you make any voluntary arrangement with your creditors or become subject to an administration order, or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
(b) an encumbrancer takes possession or a receiver is appointed of any of your property or assets; or
(c) if you cease or threaten to cease to carry on business; or
(d) R K Electronics Trading Ltd reasonably apprehends that any of the events mentioned above is about to occur in relation to you and notifies you accordingly then, without prejudice to any other right or remedy available to R K Electronics Trading Ltd R K Electronics Trading Ltd, shall be entitled to cancel the agreement for the sale of the goods or suspend any further deliveries under such agreement without incurring any liability to you, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
General
14. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
No waiver by R K Electronics Trading Ltd of any breach of the agreement by you shall be considered as a waiver of any subsequent breach of the same of any other provision.
The headings shown in these terms and conditions are for convenience only and shall not affect their interpretation.
No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representative of R K Electronics Trading Ltd and you.
R K Electronics Trading Ltd's employees or agents are not authorised to make any representations concerning goods unless confirmed by R K Electronics Trading Ltd in writing. By entering into the agreement for the sale and purchase of the goods you acknowledge that you do not rely on and waive any claim for breach of any such representations which are not so confirmed.
ALWAYS QUOTE INVOICE NUMBER ON CORRESPONDENCE.