Terms And Conditions Of Use

By using this website and or having a contract with Fourteen, you agree to our terms and conditions made in respect of the first contract and all subsequent contracts as detailed below:

Fourteen London Limited

STANDARD CONDITIONS OF SALE DEFINITIONS

“Fourteen” means Fourteen London Limited, (registered in England or any associated Company and also where the context permits it assigns and any subcontractor of the said Company.

“the Contract” means the contract between Fourteen and the Customer for the sale or supply of Goods and or the supply of services.

"Customer" means the party identified as the Customer in this Contract to whom Fourteen may agree to supply Products and or Services (as applicable) in accordance with the terms and conditions of this Contract.

“the Goods” means any goods, equipment, parts, spares, software or any other articles supplied by Fourteen to the Customer.

"Services" means any services supplied by Fourteen to the Customer.

1. GENERAL

1.1 All Contracts between Fourteen and a Customer shall be governed by these Terms & Conditions to the exclusion of any other terms and conditions. No variation to these Terms & Conditions shall be binding unless agreed by a letter signed by a Director of Fourteen. It is the Customer's responsibility to be aware of current Terms and Conditions but Fourteen will use best efforts to notify Customer of any changes to the Terms & Conditions before they become applicable.

2. ORDERING

2.1 Customer agrees to sole responsibility to keep their Customer Identification, login and password confidential and ensure only authorised personnel use it for authorised purposes.

2.2 Customer must immediately inform Fourteen of loss of Customer Identification or attempted abuse of Customer Identification.

2.3 Customer agrees full responsibility for all activities that occur under Customer's Identification as a valid and binding contract and Fourteen to deliver as directed such orders and to invoice and be paid in respect of such orders.

2.4 Customer acknowledges that Fourteen cannot guarantee the security of the Internet and the possibility of interception or corruption of data. Fourteen will take all reasonable care to keep customer contract and payment details secure. Fourteen shall have no liability towards the Customer for any fraudulent loss.

2.5 Fourteen disclaims any liability for ensuring any errors in the Customer’s purchase order and the accuracy or and the fitness of the Products for any particular purpose.

3. PRICES

3.1 Subject to the provisions of Clause 3.4.

3.2 Prices for Goods in stock ready to be shipped will be established at the time of the order.

3.3 Goods not in stock at the time of order (a "Backorder") or the Customer places an order for scheduled delivery, such orders shall be irrevocable and the price for such Goods shall be the price established at the time the Backorder or scheduled delivery.

3.4 Notwithstanding any of the foregoing Fourteen reserves the right to increase its prices after acceptance of a Backorder or scheduled delivery due to an increase in its supplier's price to Fourteen or an increase in direct costs to which Fourteen becomes subject.

3.5 All prices quoted exclude the cost of delivery.

3.6 All prices and charges are exclusive of any applicable Value Added Tax.

4. TERMS OF PAYMENT

4.1 Unless Fourteen have previously agreed in writing with the Customer that the Goods shall be supplied on credit, payment for the Goods shall be made in full by the Customer with the Customer's order.

4.2 Where Fourteen has agreed to supply the Products on credit the Customer shall pay the price of the Goods within 30 days of the date of Fourteen’s invoice. The Goods shall remain the property of Fourteen until payment in full has been received. 4.3 If the Customer exceeds its credit limit or fails to make payment on the due date, Fourteen may, at its sole discretion, delay subsequent shipments, require prepayment, cancel or suspend the Contract, claim interest and compensation for debt recovery costs under the late payment legislation, collect and repossess any unpaid Goods.

4.4 Fourteen reserves the right to issue and send all invoices to the Customer in an electronic format, and the Customer accepts to receive all invoices electronically.

5. TITLE AND RISK

5.1 Risk in the Goods shall pass to the Customer on delivery and the Customer shall insure the Goods for their full value for that time.

5.2 Notwithstanding Clause 5.1 legal and beneficial ownership of the Goods shall remain with Fourteen until all monies due to Fourteen under all Contracts between Fourteen and the Customer:

5.2.1 for the Goods;

5.2.2 for any other Services supplied by Fourteen

5.3 Until property in the Goods passes to the Customer under Clause 5.2 the Customer shall be fiduciary agent and bailee of the Goods and shall keep the Goods separate to those of the Customer and third parties;

5.4 The Customer's right to possession of the Goods shall terminate immediately if:-

5.5 the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or

5.6 the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between Fourteen and the Customer or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
5.7 the Customer encumbers or in any way charges any of the Goods.

5.8 Customer is entitled to resell the Goods in the ordinary course of business. Customer is not able or entitled to offer the Goods as collateral or otherwise grant a charge in respect of the Goods until title has passed to the Customer in accordance with these Conditions. Customer shall inform its customers that title to the Goods is retained by Fourteen until Customer has paid Fourteen in full.

5.9 The proceeds of sale of any goods shall be held by the Customer in trust for Fourteen to the extent of all sums recoverable by Fourteen under clause 5.2

5.10 The Customer shall keep any proceeds of sale as referred to in clause 5.8 in a separate account but in any event Fourteen shall have the right to trace such proceeds.

6. DELIVERY & RETURNS

6.1 Delivery will be deemed to have taken place in accordance with the Contract when delivery of the Goods is made by Fourteen to the delivery address agreed between Fourteen and the Customer.

6.2 The Customer shall not be entitled to raise any claim for non delivery, short shipment, delivery discrepancies, or product damages of the Goods unless within 5 working days of delivery the Customer gives written notice to Fourteen providing full details of the claim. If Fourteen issues a Return merchandise authorization (RMA), Products must be returned to Fourteen within 5 working days of the date thereof. Fourteen reserves the right to refuse return of damaged Products should the manufacturer’s seal be broken or compromised and charge the Customer return freight.

6.3 The Customer shall not be entitled to return goods for credit except by way of a RMA number issued by Fourteen.

6.4 Fourteen shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery of the Goods, who signs a note in respect of the Goods on behalf of the Customer or the Customer's customer (if the Company has agreed to deliver direct to the Customer's customer) does in fact have the authority.

6.5 Any dates and delivery times quoted for the delivery of the Goods are given in good faith and approximate only and Fourteen shall not be liable for any delay in delivery of Goods howsoever caused.

6.6 Failure to deliver at the time stated will not be sufficient cause for cancellation and Fourteen will not be liable for any losses, costs, damages or expenses consequential or otherwise suffered by the Customer.

6.7 Partial delivery of orders by Fourteen is allowed unless mutually agreed in writing by both parties.

6.8 The Customer shall bear all costs associated with the unjustified refusal of Goods delivered. If the Goods are refused on the grounds that the Customer wrongly placed the order, Fourteen reserves the right to charge additional fees for the return transportation and administrative expenses related thereto.

7. WARRANTIES AND LIABILITY

7.1 Goods are sold by Fourteen with the benefit of the manufacturer's or licensor's published warranty. The Goods are not manufactured by Fourteen or where the Goods are computer software, Fourteen does not publish or license the software and all Goods are subject to the conditions set out below in this clause.

7.2 Liability for defective Goods will only be accepted by Fourteen to the extent that Fourteen itself is entitled to make a claim against the manufacturer under the manufacturer's published terms. Certain manufacturers warranty their Goods directly with the end user, and Fourteen in such a case will not be obliged to issue any credit for any Goods in respect of which there has been a failure to comply with the manufacturer's published terms and procedures. Claims for any allegedly defective Goods shall be made strictly in accordance with the provisions of Clause below.

7.3 No liability will be accepted by Fourteen for any defects arising from will-full damage, wear and tear, negligence, misuse, abnormal working conditions, failure to comply with Fourteen’s or manufacturer's published instructions (whether oral or in writing) or any repair or modification of the Goods.

7.4 Until the total price for the Goods is paid by the Customer Fourteen will be under no obligation in respect of the above warranty.

7.5 All warranties, conditions or other terms implied by common law or statute, or otherwise in connection with the sale or supply of Goods or services (save, in the case of Goods as to title) are excluded to the fullest extent permitted by law.

7.6 Upon notification by the Customer of any claim in respect of a defect in the quality or condition of the Goods Fourteen shall either notify the Customer whether the policy of the manufacturer of the Goods is to deal with the Customer direct in accordance with the manufacturer's procedures (in which case the Customer shall deal with the manufacturer direct and Fourteen will give sufficient details to enable the Customer to do so) or provide the Customer with a Return merchandise authorization

“RMA” number in which case the Customer shall return the Goods to Fourteen in their original unmarked packaging together with full supporting documentation with details of the defect and RMA number and the Customer's name and address. This clause only applies to such Goods which the Customer is entitled to return to Fourteen as provided in these conditions.

7.7 In no event shall Fourteen be under any liability to the Customer whatsoever for any direct or indirect economic or financial loss or damage (including without limit any loss of profits, loss of revenue, liabilities incurred by the Customer to third parties, or additional expenses incurred or the cost of time spent) or any consequential, indirect, or special loss or damage costs expenses or other claims for consequential compensation whatsoever (including without limit loss of damage to data or loss of goodwill) incurred or suffered by the Customer and in every case howsoever caused or arising (and whether caused by the negligence of Fourteen, its employees or agents or otherwise).

7.8 Fourteen shall not be liable to the Customer for any delay or failure in performance of its obligations or be deemed to be in breach of any contract which is due to or results from any cause beyond Fourteen’s control. Act of God, explosion, flood, tempest, fire or accident; Act of terrorism, war or threat of war, sabotage, insurrection, civil disturbance or requisition;

Acts restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or parliamentary or local authority;

Import or export regulations or embargoes; Strikes lock outs or other industrial actions or trade disputes (whether involving employees of Fourteen or a third party);

Difficulties of Fourteen's supplier in obtaining raw materials labour fuel parts or machinery.

8. DATA PROTECTION

8.1 The Customer and Fourteen agrees to respecting the privacy rights of individuals. To the extent that a party collects and transfers to the other party any personal data, the receiving party will comply with relevant laws and regulations related to this collection and transfer and agrees also to comply with relevant laws and regulations related to the storage, maintenance and processing of such personal data.

8.2 For the purpose of verifying the Customer’s financial standing Fourteen reserves the right to obtain information on the Customer’s creditworthiness from credit agencies or credit insurers and to report data to them. The Customer expressly consents and agrees that Fourteen may make such enquiries and searches and obtain such references as it considers necessary from credit reference agency or credit insurer (which will keep a record of any search made) and may disclose the results of those enquiries, searches and references and any information given by the Customer (“relevant information”) to any credit reference agency.

9. GOVERNING LAW

9.1 The Contract shall be governed by and construed in accordance with English law and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.

9.2 If any provision of these 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.