(i) These Conditions shall govern all transactions into which Impact Electronics Ltd ('Impact') enters with its customers.
(ii) In these Conditions 'customer' shall mean the other party to any quotation, offer, order or contract with or by Impact, 'the goods' shall mean products manufactured or sold or services performed by Impact or by the customer.
shall mean the document dispatched to the customer requiring payment & containing specifically or by inference these Conditions;
shall mean an invoice sent by Impact to the customer requiring payment to Impact before dispatch of goods;
shall mean the goods requested by the customer either by fax, e mail or by post on the customer's official order form or company letterhead;
shall mean the document accompanying the goods in their dispatch & delivery from Impact to the customer & on which the customer signs for receipt of goods on delivery;
shall mean the document accompanying goods & on which Impact lists the goods dispatched against the customer's order.
(iii) No conditions or stipulations in or attached to any form of order submitted by the customer, or otherwise sought to be imposed by the customer, & which are inconsistent with the conditions or which purport to add to or modify them in any way shall have any effect.
(iv) No person in the employment of Impact or acting or purporting to act as an agent of Impact has the authority to accept orders or supply goods on any conditions other than these conditions or to vary these conditions in any way whatsoever, except by written agreement between the customer & a Director of Impact.
(v) No previous dealings or course of conduct be tween Impact & any customer shall vary or replace or prevail over these Conditions in any circumstances.
(i) All prices listed in the Impact Price List are correct at the time of publication of the current edition thereof. Impact will make all reasonable endeavours to ensure that goods are available at these prices. Impact Electronics Ltd cannot be held responsible if supplies are unobtainable or otherwise un-saleable.
(ii) All quotations are made at current prices listed in the current edition of the Impact Price List but such quotations are only valid until the expiration date specified on the quotation.
(iii) The prices quoted on Proforma invoices are only valid for the period specified thereon. If no period is specified thereon then the prices quoted are valid until the end of the calendar month in which the invoice was raised.
(iv) All prices quoted on invoices including Proforma invoices are subject to the addition of Value Added Tax at the rate current at the time of dispatch.
(i) Customers who wish to open credit facilities shall apply in writing to Impact, quoting the credit limit required & the names & addresses of two current commercial references.
(iii) Credit accounts are subject to settlement by the customer within 30 days from date of invoice. When payment is overdue Impact reserves the right to charge interest on the amount overdue at such rate as may be permitted by law from time to time.
(iv) When a credit customer is in default in the payment of any account then all sums owed to Impact by the customer on any account whatsoever become immediately due & payable in full.
(v) If the customer has no credit account, Impact will accept payment from the customer by bank transfer, cheque or major debit/credit cards.
(vi) Where a cheque is offered by the customer in payment for goods, Impact reserves the right to delay the dispatch of the goods pending the clearance of that cheque.
(vii) If for any reason the customer disputes the payment of any invoice, not withstanding this, they shall still pay all other invoices when they become due.
(i) Such goods shall remain the sole & absolute property of Impact as legal & equitable owner until such a time as the customer shall have paid Impact the agreed price in full together with the full price of any other goods the subject of any other contract with Impact.
(ii) The customer undertakes to inform Impact of any occurrence such as might compromise its right of ownership.
(iii) The customer acknowledges that they are in possession of goods solely as bailee for Impact until such time as the full price is paid to Impact together with the full price of any goods that are subject to any other contract with Impact.
(iv) The customer's right to possession of the goods shall cease if they, not being a company, commit an available act of bankruptcy of if they, being a company, do anything or fail to do anything which would entitle any person to present a petition for winding-up. Impact may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored & may repossess the same.
(i) Impact reserves the right to charge carriage on deliveries as appropriate.
(ii) We will contact you if the total weight of your order is over 150kg to make arrangements for delivery on a pallet. You will need a forklift truck to offload the pallet. For customers without a forklift truck we will dispatch your order on a vehicle with a tail-lift c/w manual pump truck to offload the pallet for you. You will need to arrange manpower to take the boxes off the pallet.
(iii) Delivery dates are given in good faith by Impact to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the times stated in any communication by & on behalf of Impact.
(iv) No liability for direct or consequential loss or damage arising from delay in the delivery of goods, including without prejudice to the generality of the foregoing any delays due to any Act of God, war, civil disturbance, strikes, lock-outs or any act outside Impact's control, will be accepted.
(v) The customer shall : Check all goods delivered & sign the delivery note for the goods in the presence of the driver, mark any discrepancies between number of boxes received against number of boxes indicated on the consignment note prior at the time of signing, refuse any goods found to be damaged & mark the consignment note accordingly.
(vi) Any claims over damaged goods or discrepancies between the goods listed on the delivery note & the goods delivered to the customer must be submitted to Impact with the full particulars of the order, the delivery note & any other relevant information in writing within two working days of the delivery, failing which Impact cannot accept liability. The submission of a claim within this time limit does not necessarily mean that Impact will accept liability in relation to such claim. A consignment note signed 'unexamined' is not sufficient to uphold a claim.
(vii) If the customer does not receive the goods within 14 days of the date of invoice, they are required to notify Impact immediately thereafter; otherwise no liability can be accepted.
(i) Impact gives no guarantee or warranty on goods supplied by Impact other than that given by the manufacturers concerned or as provided with the orders.
(ii) Impact does not accept liability for consequential loss or damage arising from goods supplied by Impact.
(iii) All description, weights & dimensions issued by Impact are approximate only & are intended only to present to intending customers a general description of the goods to which they refer, & no warranties or representations are given or should be inferred there from.
(i) Impact's trading policy is only to supply customers against official customer orders. The proper control & authorisation of official orders is deemed to be the responsibility of the customers. Impact cannot accept any liability for either the incorrect use or abuse of customer official orders.
(ii) Impact reserves the right at anytime & without explanation to; Refuse to accept an order, cancel an order, suspend deliveries against an order whether or not an account is in arrears, refuse cancellation of an order, cancel unexecuted installments of an order.
(iii) No variation of an order will be recognised unless otherwise agreed by Impact in writing.
(iv) All orders must be confirmed in writing by the customers & duly authorised.
(v) Impact retains the right to levy a handling charge where a customer cancels an order.
(vi) Where an order involves bespoke work specific to a customer, including own brand printing, the customer cannot cancel the order & if they do, Impact reserves the right to invoice the order in full, whether it has been delivered or not.
(i) Please contact us for a Customer Returns number if you need to send anything back to us for repair or assessment. Goods will be rejected without this number. Where Impact has made an error or the issue is warranty related we will issue you with a Customer Returns number and arrange to collect the goods without charge. Our carrier will make two attempts to make this collection after which charges will apply or we may request that you arrange your own carrier to deliver the goods to us.
(ii) Goods returned for credit must be accompanied by a delivery note quoting the number of Impact's invoice against which the goods were originally supplied & the reason for return.
(iii) Impact reserves the right to refuse any returns or refuse any credit for non-faulty returned goods, should those goods in anyway be unfit for resale. Unfit for resale being entirely at the discretion of Impact.
(iv) Impact reserves the right to invoice a restocking charge for any non-faulty returned goods.
(v) Goods returned & found to be faulty will be replaced or credited at Impact’s discretion & the costs of returning these items will be refunded by Impact.
(vi) No liability can be accepted for loss or damage to goods returned by the customer.
(vii) If there is a discrepancy between goods advised as returned & the actual goods received, Impact will only credit the goods actually received.
The copyright & all other intellectual property rights in all articles, lists, drawings, descriptions & other information produced by Impact shall remain the property of Impact.
These conditions are subject to & shall be construed in accordance with the Laws of Hong Kong (S.A.R.) China & the parties submit to the non-exclusive jurisdiction of the Courts of Hong Kong.
