These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
Each Order shall be deemed to be a separate offer by the Customer to purchase Goods on the terms of this Contract, which the Supplier shall be free to accept or decline at its absolute discretion.
Each Order shall be made in writing or, if made orally, shall be confirmed in writing within two Business Days.
The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
For the avoidance of doubt, nothing in these Conditions shall create any contractual relationship for the supply of the Services between:
- the Supplier and the Customer;
- the Customer and any of the Customer’s own distributors or resellers; or
- the Customer and any End User who purchases the Goods from the Customer or any of the Customers own distributors or resellers.
End Users will be required to enter into a separate contract with Supplier for the supply of the Services on the basis that the price payable by an End User for the supply of the Services will by virtue of that End User’s purchase of the Goods from the Customer or any of the Customer’s own distributors or resellers be deemed to have been pre-paid. The Customer shall refer any complaints or queries about the Supplier’s provision of the Services to the Supplier.