TERMS AND CONDITIONS OF SALE

  

  1. DELIVERY
    • If no time for delivery is specified in the contract, the Buyer shall be bound to accept the goods when they are ready for delivery by the THINK AMBIENT.
    • The risk in goods shall pass to the Buyer when the goods are delivered to the Buyer, or in accordance with the Buyer’s instructions. Any complaint of short delivery or damaged goods in transit must be notified within 24 hours of receipt of goods and confirmed in writing at that time by the Buyer to the Seller and any complaint of failure to deliver goods invoiced must be so notified within 10 days of the date of the invoice.
    • Each delivery will constitute a separate contract and any failure or defect in any one delivery will not vitiate the contract as to the remaining deliveries.
    • Any time or date for delivery named by THINK AMBIENT is an estimate only and THINK AMBIENT shall not accept liability for any loss or damage or any consequential loss arising directly or indirectly from delay in delivery however caused.
    • Claims for defects must be made by the Buyer in writing no later than 10 calendar days after delivery. If no such claim is made, THINK AMBIENT and the Buyer will understand that the job has been accepted. By accepting the job, the Buyer acknowledges that THINK AMBIENT’s performance has fully satisfied all terms, conditions, and specifications.  
  1. OWNERSHIP

THINK AMBIENT and the Buyer expressly agree that until THINK AMBIENT has been paid in full (including any interest charged) for any goods supplied by THINK AMBIENT to the Buyer:

  • THINK AMBIENT remains the legal owner of the goods
  • THINK AMBIENT may recover the goods (excluding any goods ownership of which had already passed to the Buyer) from the Buyer at any time and for that purpose THINK AMBIENT, its servants and agents may enter upon any land or buildings upon which the goods are situated. If THINK AMBIENT resells any of the goods so recovered, THINK AMBIENT shall give the Buyer credit for any sum received by THINK AMBIENT in excess of the sums due from the Buyer to THINK AMBIENT.
  • The Buyer will store the goods in such a way that they remain clearly identifiable as THINK AMBIENT goods.
  • The Buyer may dispose of the goods in the ordinary course of its business as principal (but any warranties, conditions or representations given or made by the Buyer to any third party shall not be binding on THINK AMBIENT who shall be indemnified by the Buyer with respect thereto) and may pass good title to the goods to a third party being a bona fide Purchaser for value without notice of THINK AMBIENTs rights.  
  1. WARRANTIES
    • THINK AMBIENT warrants that the goods are of satisfactory quality and that they comply with any description or specification supplied by THINK AMBIENT.
    • THINK AMBIENT gives no warranty that the goods are suitable for any particular purpose or for use under any specific conditions, unless the Buyer has given full details of the purpose or conditions and that THINK AMBIENT has expressly warranted the goods suitability in writing
    • Save as stated, THINK AMBIENT accepts all liability under any warranty express or implied, statutory or otherwise.
    • If the Buyer alleges any goods fail to comply with the warranty given, it shall return the goods to THINK AMBIENT, which after it has had a reasonable time to investigate and examine the goods may:
    • Replace the goods: or
    • Accept the return of the goods and credit the Buyer with the purchase price: or
    • Make the Buyer an allowance representing the difference between the value of the goods at the time of the complaint by the Buyer and the value they would have had if they had been in accordance with the contract, providing the Buyer pays the balance not in dispute according to normal terms.
    • Goods shall not be returned without prior agreement between the Buyer and THINK AMBIENT.  No claim can be entertained after the goods or any part thereof have been processed in any way.
    • Limitation of the Seller’s Liability
    • Except as otherwise expressly mentioned in these Conditions, THINK AMBIENT shall have no liability of any kind to the buyer in respect of any loss or damage (whether direct, indirect or consequential) suffered by the Buyer, whether in contract or negligence or otherwise howsoever, other than for death or personal injury to the extent that it is caused by the negligence of THINK AMBIENT, its employees or agents.
    • No forbearance or indulgence by THINK AMBIENT whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of THINK AMBIENT against the Buyer or be taken as a waiver of any of these conditions. 
  1. GOVERNING LAW
    • The law of England shall govern the validity construction and performance of any contract to which these conditions apply.