Order Confirmation

Powabyke - PowaShop Terms of Purchase

1. All goods are supplied by us on a firm sale business. There is no sale or return facility.
2. Unless otherwise advised in writing on the invoice, terms are strictly NET and payment is due on delivery of invoice. In the event of non-payment by the due date, interest shall commence to be payable as from the due date and shall be calculated at the rate of 4% above National Westminster Bank PLC base rate from time to time and to be computed at monthly intervals on each consecutive monthly anniversary of the due date. "Due Date" shall mean the date of delivery of invoice or such other (if any) as may from time to time have been notified by us to you in writing as aforesaid.
3. We shall use our best endeavours promptly to deliver goods as ordered but shall not be held liable for any delay or any consequence of any delay whatsoever on our part to deliver in whole or in part any order for goods. We may at our discretion and at any time withhold deliveries in whole or part without being required to give any reason therefore but in such event you will be entitled to cancel your order or such part as shall then have been withheld (as the case may be) if we fail to deliver the same within 30 days of your written request.
4. Unless we receive from you written notice of any alleged claim for wrong delivery of or damage to or loss of goods within five days of receipt by you of goods together with written details of our delivery note number you shall be conclusively deemed to have accepted goods delivered by us as being fully in accordance with our invoice and/or delivery note advice.
5. 1. In the event of it being proven that we shall have supplied materially defective goods our liability therefore shall in no circumstances exceed the cost thereof as invoiced by us and in no circumstances shall we be liable for any consequential loss of any nature.
   2. In the event of it being established that we shall have supplied defective goods our liability therefore shall be limited to us either (at our election) giving credit for or replacing the same provided nether less that you must first return the goods to us for verification either by ourselves (and at our election) or by our suppliers provided that any such goods which shall have been returned as aforesaid shall be deemed to be in perfect condition unless accompanied by full written details of the alleged fault or defect such details to be attached to each alleged faulty item.
   3. You shall at our election indemnify us against costs incurred by us where goods prove not to have been materially defective.
   4. As a matter of goodwill and without being obliged to do so we may (entirely at our discretion) upon receipt of alleged defective goods supply you with replacement goods. In such event we may credit your account with the cost of replacement goods. If however the alleged fault is subsequently found to be not to be the fault of the product no credit will be available. If we do not supply you with replacement goods we may credit your account with the cost of alleged defective goods. But in the event of there being no verification as aforesaid of any material fault or defect we reserve the right to return the goods to you and to debit your account with their cost and the associated cost of transportation.
   5. Not withstanding the provisions of this clause 5 if the manufacturer of goods which are alleged to be defective has been wound up or has been made bankrupt or is in liquidation or, for any reason is no longer carrying on business or manufacturing or supplying such goods. We shall not be liable to give you credit for or to refund the cost of materially defective goods, nor shall we be in any way liable in respect of any guarantee given by such manufacturer nor shall we be liable for any consequential loss of any nature.
6. These terms and conditions of trading shall be deemed to incorporate the terms and conditions set out in our "Returns Procedure" which shall be deemed to be incorporated herein as if they were written out fully herein provided that:
   1. Any variation there to which shall from time to time be communicated to you in writing shall be deemed to be incorporated herein 48 hours after written notice of any such variations shall have been posted to you, and ii. In the event of there at any time being any inconsistency between the terms and conditions from time to time set out in the said "Returns Procedure" and those incorporated herein those set out shall prevail.
   2. We shall use our best endeavours to deal with any reasonable written request you may make for proof of delivery provided that such request is made to us within 30 days of the date of invoice but any charges we may incur from carriers and others in connection therewith will be debited from your account. After 30 days have elapsed you shall conclusively be deemed to have received all goods, which are the subject of that invoice. We will not entertain any request for proof of delivery.
7. If a product is supplied by us which contains terms and conditions of sale of a general nature not endorsed by us then such terms must be complied with. If these terms are inconsistent with our terms and conditions, then our terms and conditions shall prevail
8. Orders are taken and goods are delivered upon the basis that forthwith upon delivery the risk in all such goods shall pass to you but that all such goods shall remain our property until payment in respect thereof shall have been received by us in full provided nonetheless that you shall be at liberty to sell the whole or part of such goods in the normal and usual course of your trade and in such event you shall be entitled to pass title thereto provided nether the less that until such time:
   1. You shall keep our goods separate from other goods so that they may clearly be identified and
   2. You shall account to us in respect of the net proceed of sale thereof and until receipt therefore by us you shall hold on trust for us any claim or right of action you may have in respect of such sales and shall at our written request assign the benefit thereof to us until payment in fill shall supply us with such written records (including financial records) as we may from time to time request and by your acceptance of these terms you hereby expressly authorise us to view forthwith notice any such records and goods wherever they may be.
9. We reserve the right to formally vary these terms and conditions of trading by not less than seven days in writing to you. You shall be entitled to reject any such variation by a counter notice to be served within seven days of our notice to you, unless you so reject them you shall be conclusively deemed for all purposes to have accepted such variation which shall be deemed to have come into effect at the expiry of the period notice specified in our notice. These terms and conditions of trading and any subsequent variation thereof as aforesaid shall supersede all previous terms or conditions of trading between us.
10. No change in these terms and conditions of trading shall be effective unless evidence in writing under the hand of a Director of Powabyke Ltd. In particular no informal variation or relaxation thereof nor any time or indulgence given shall in any way be treated as a waiver of our strict legal rights.
11. All disputes of any nature shall be settled by English Court of competent jurisdiction in accordance with the English Law.