Starpoint Outdoor Solutions Ltd. Terms and Conditions of Trading
Starpoint Outdoor Solutions Ltd. trading as “Starpoint Solution”, “Starpoint Outdoor Solutions Ltd” and “Starpoint Solutions”, only accepts orders subject to the Terms & Conditions of Sale [Terms] as stated below and/or as superseded. Updated Terms will apply to all outstanding orders. These Terms cannot be varied other than in writing by a Director of the Company. These Terms supersede any previously offered by this Company & override any Terms suggested by the buyer, howsoever presented. The placing of any order with this Company signifies the Buyer’s agreement & acceptance of these Terms. In these Term “you” & “your” refer to the Buyer and “us”, “our”, “we” & “this Company” refer to the Seller, Starpoint Outdoor Solutions Ltd. t/a Starpoint Solution, Starpoint Outdoor Solutions Ltd and Starpoint Solutions.
Prices charged will be in accordance with the Seller’s price list ruling at the point the order is placed, or delivered, at the Seller’s discretion & are subject to amendment arising from statutory regulation. All prices are quoted exclusive of Carriage & Value Added Tax (“VAT”). Carriage will be charged in accordance with the Seller’s schedule current at time of delivery. VAT will be added to all invoices at the applicable rate on the tax point date.
Goods may only be zero-rated for VAT purposes on sales to EC countries where evidence is provided that the Buyer is VAT registered & the goods have been exported from the UK. This is subject to BREXIT changes from 1/1/2021.
ORDERS & CANCELLATION BY THE BUYER
Any Order placed with the Seller is deemed as a formal Contract entered into by the Buyer. Request to cancel any order must be confirmed by the Buyer in writing & acceptance of cancellation confirmed by the Seller in writing. The Seller reserves the right not to accept cancellations, but in the event a cancellation is accepted, a cancellation fee to a value determined by the Seller will be charged.
CREDIT & PAYMENT
Credit terms & facilities are subject to the Seller’s discretion at all times. Credit is not guaranteed & may be withdrawn. Where credit is given, unless otherwise stated, invoices must be paid within 28 days & the Buyer must immediately notify the Seller in writing of any change in circumstance, which may affect the Buyer’s credit status. All payments received, whatever the circumstances, will be allocated against oldest outstanding debt. Where debt is not discharged by the due date, we reserve the right to:
Charge interest & compensation as defined in ‘Late Payment of Commercial Debt Regulation 2002’, compounded daily until all debt is settled in full by cleared funds.
Suspend shipment of all orders, including paid pro-forma invoice, until all residual debt is settled.
Pursue all outstanding debt plus any costs incurred, whether or not property in the goods has passed to you, by whatever means we deem as appropriate.
Deem any offers such as payment/credit facilities, advertising or merchandise support, etc. as withdrawn & charge for any such offers already delivered.
Pro-forma invoices must be paid within the time scale noted thereon. Where settlement of outstanding debt and/or a pro-forma invoice is not received within the requisite time, the Seller may deem the relevant order ‘cancelled by the buyer’ and/or a breach of contract. If you have any dispute or counterclaim you will not be entitled to make any reduction in, or deferment of, any payment because of that dispute or counterclaim. Any dispute must be notified to the Seller in writing with seven days of the occurrence prompting such dispute.
PAST DUE DELIVERIES
If an order is not shipped due to the fault of the Buyer, including non payment, within 21 days of the scheduled delivery, the Seller reserves the right to consider such order as ‘cancelled by the Buyer’ and/or a breach of contract. In such instance the Seller will levy order cancellation charges as in Clause 4 and/or storage charges at a rate determined by the Seller from the scheduled delivery date until either the date cancellation charges are settled in full, or the date actual delivery occurs.
All goods supplied by the Seller are subject to commercial tolerance & are warranted as suitable for the purpose for which they are designed, under fair conditions. Our liability under this Warranty is limited to replacement, repair or issue of credit to the net invoiced value of any faulty unit, at our discretion, provided we acknowledge the goods to be faulty & provided that such faults have not been caused by misuse, negligent handling or improper care. Consequential loss is expressly excluded in all circumstances. Any alteration to the unit specification as supplied by the Seller will void all warranty obligations.
Notification of faulty goods must be made to the Seller in writing within 3 working days of receipt by you/your Agent.
No credit will be allowed for goods returned to us 30 days or more after the invoice date under any circumstances.
All returns must first be authorised by our Customer Services Department who will allocate qualifying requests an authorization number. This number must be clearly & boldly stated on the front of all parcels returned.
We will arrange, at our discretion, one collection of faulty goods by our carrier. Where any other transportation form is used, we will not credit your return carriage cost. If goods are not available for collection, the Seller will levy a charge on the Buyer at their discretion.
Credit will be issued on authorised items only after merchandise has been received, inspected and the claimed fault confirmed.
We reserve the right not to credit goods received without prior authorisation, not in original & clean condition, which have been altered or which are not as described when the return authorisation was requested. In this event we will hold the goods awaiting collection by the Buyer for 30 days before disposal by destruction. The goods remain the responsibility of the Buyer who will be liable for any costs we have incurred.
DAMAGES, DISCREPANCIES or LOST IN TRANSIT
We will replace or credit goods confirmed lost or damaged in transit whilst in our care. Credit will only be issued if replacement is not available. We will only consider written claims made within 3 working days of the date of delivery. If goods have been damaged of supplied short, then you must keep the consignment separate from any other goods & available for inspection by the Seller before a course of action is decided by ourselves. If a complete consignment is lost, you must inform us in writing within 7 days of the invoice date. Goods delivered in damaged or tampered packaging and has been accepted by you/your agent, it is your responsibility.
All descriptions, offers & illustrations made in any way are for general guidance only & do not form part of any contract. All offers & documents may be subject to change without notice. We accept no liability for any error or omission & cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions, offers or illustrations.
RETENTION OF TITLE
Title & property of all goods remain with the Seller whilst any balance of unpaid invoices, interest or other charges remains unpaid on your account. After the Buyer has accepted delivery of goods & until property in such goods passes to the Buyer, the Buyer and/or their agent shall hold all goods as Bailee, keeping those goods in a safe & sound condition, insured to the full replacement value there of & must not sell, dispose or offer Title to any third party. This does not allow the Buyer to return goods in lieu of payment.
We reserve the right to cancel, suspend or delay delivery of an order without being liable for any loss or damage if supply of the goods is prevented of delayed by circumstance beyond our control.