EPoS PLUS Limited was incorporated and registered in England & Wales in 1999, company number 3739629.

“Company” refers to EPoS PLUS Limited, and/or its related companies, and/or its subsidiary companies, and/or its partner companies, and/or its suppliers, including all Directors, Management, Staff and Employees of these said parties.

“Supplies” refers to all and/or any complete or incomplete, Goods and/or Products, and/or Services, and/or Expertise and/or Knowledge that are Given and/or Issued and/or Offered and/or Sold and/or Dispatched and/or Loaned and/or Leased from the Company.

“Client” refers to the “person, and/or individual, and/or partnership, and/or group, and/or firm, and/or company” that,” requests and/or orders and/or purchases and/or loans and/or leases” any Supplies from the Company.

“Order” refers to a request by the Client for Supplies.

The contract between the Company and the Client shall be subject to these terms & conditions and will be to the exclusion of all other terms & conditions, except where the Company has expressly agreed and consented to a variation in writing.

The Company solely reserves the right to alter or vary these terms & conditions without prior notice.

All requests for Supplies are deemed to be an offer by the Client to accept Supplies pursuant to these terms & conditions.

No contract in respect of the Supplies between the Company and the Client shall exist until the Client's order has been formally accepted by the Company.

The Client shall be solely responsible for the accuracy of the Client's requests and/or orders.

The Client may only cancel an order (in part or whole) which the Company has already accepted, with the Company's prior agreement in writing.

PRICING STRATEGY

All Supplies are subject to VAT at the local rate as defined by HM Revenue & Customs (HMRC).

Prices for Supplies will exclude delivery and delivery insurance.

Any additional Supplies to that specified in the order, whether experimentally or otherwise, will be charged.

All prices for the Supplies shall be those ruling at the date of despatch and the Company reserves the right to amend its quoted prices at any time prior to the date of despatch.

PRICE AND DESCRIPTION

The Company reserves the right to vary the specification of any item, withdraw, modify or amend any item without prior notice. Any such variation, withdrawal, modification or amendment shall not affect any order that has already been accepted by the Company, save that the Company reserves the right to make any changes in the specification of the Supplies which are required to conform with any applicable statutory requirements.

DESPATCH AND PAYMENT

Unless otherwise specified the price quoted is packed ex stock.

An additional charge will be levied to cover delivery and insurance costs.

A charge may be made to cover any extra costs involved for delivery to a different address.

Should work be suspended at the request of or delayed through any default of the Client for a period of 30 days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

The Company may deliver the Supplies by separate instalments. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle the Client to repudiate or cancel any other contract or instalment.

If for any reason the Client fails to accept delivery of any of the Supplies when they are ready for delivery, or the Company is unable to deliver the Supplies on time because the Client has not provided appropriate instructions, documents, licences or authorisations, the Supplies shall be deemed to have been delivered, and the responsibility and risk for the Supplies shall pass to the Client to include loss or damage caused by the Company's negligence. The Company may store the Supplies until delivery, whereupon the Client shall be liable for all related costs and expenses including, without limitation, storage and insurance.

CREDIT POLICY AND PAYMENT INFORMATION

If you do not have a credit account open with us, please ask for a credit application form. Accounts usually take 20 days to set up, but this period may be reduced if this is specifically requested. Our credit terms, where applicable, are 30 days net from date of invoice.

Statements will be sent out at monthly intervals to enable you to check your current invoices paid and due.

Accounts with overdue balances will be placed on credit hold. This means that no further Supplies will be shipped and all support/repair/warranty services withdrawn until the account is brought into order. Repeated failure to keep to our credit terms will result in the permanent loss of credit facility.

If the Client fails to pay the Company any sum due pursuant to the contract, the Client shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 2% above the Bank of England base rate from time to time, accruing on a daily basis until payment is made, whether before or after any judgment.

The Client shall make all payments due under the contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Client.

RETENTION OF TITLE

The Company and the Client expressly agree that until the Company has been paid in full for the Supplies comprised in this or any other sales contract between them and all outstanding amounts due to the Company from the Client or any associated or subsidiary or holding company of the Client or from any director or shareholder of the Client or any other such company, then:-

The Supplies shall remain the property of the Company, and the Client, as bailee, will store the same for the Company in a proper manner without charge and in such a way that the Supplies are clearly identified as being the property of the Company, notwithstanding that the risk therein shall pass to the Client as provided herein;

At any time the Company may recover from the Client the Supplies remaining in the Client's possession, and may repossess and resell the Supplies if the Client's right to possession of the Supplies has terminated under paragraph

below or if any sum due to the Company as referred to at the beginning of this clause is not paid when due, and for the purposes thereof may enter upon any premises of or occupied by the Client or any third party (with the consent of that third party)

The Company shall be entitled to recover payment for the Supplies notwithstanding that ownership of any of the Supplies has not passed from the Company

The Client has the right to dispose of the Supplies in the course of its business for the account of the Company and to pass good title to the Supplies to their customers being bona fide purchasers for value without notice of the Company's rights.

In the event of such disposition the Client or its Director(s) (if a Limited Company) has the fiduciary duty to account to the Company for proceeds thereof but may retain therefrom an excess of such proceeds over the amount outstanding to the Company under this or any other sales contract between them and for all outstanding amounts due to the Company from the Client or any associated or subsidiary or holding company of the Client or from any director or shareholder of the Client or any other such company.

The Client's right to possession of the Supplies shall terminate immediately if:-

The Client has a bankruptcy order made against him.

Or, the Client 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 or perform any of his/its obligations under the Contract or any other contract between the Company and the Client, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.

Or the Client ceases to trade.

CLIENT'S PROPERTY

The Client's property supplied to the Company by or on behalf of the Client shall, while it is in possession of the Company or in transit to or from the Client, is deemed to be at the Client's risk and the Client shall insure accordingly.

The Company shall be entitled to make a reasonable charge for the storage of any of the Client's property left with the Company before receipt of the order or after notification to the Client of completion of the work.

SHORTAGES OR DAMAGE IN TRANSIT

The Client shall examine the Supplies immediately they are delivered to the CLIENT. The Supplier shall have no liability in respect of claims in respect of shortages or picking errors or damage in transit unless the Client notifies the SUPPLIER 01256 418733, followed by written notice within 5 working days after delivery. In any event, the Client shall have no liability in respect of claims in respect of shortages or damages in transit if the Client or its representative has signed for the Supplies as being received in good condition.

Any liability of the Company for shortages or picking errors or damage in transit shall be limited to replacing the missing or wrongly picked or damaged Supplies within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Supplies.

The Client shall return to the Company, promptly upon request, and in accordance with the Company's returns policy set any Supplies that have been incorrectly delivered.

NON-DELIVERY

The Company shall not be liable for any non-delivery of Supplies (even if caused by the Company's negligence) unless the Client notifies the Company's Customer Services department by telephone on 01256 418733, followed by written notice to the Company of the non-delivery within 5 working days of the date when the Supplies would in the ordinary course of events have been received.

Any liability of the Company for non-delivery of the Supplies shall be limited to replacing the Supplies within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Supplies.

LATE DELIVERY

Whilst the Company will use its best endeavours to deliver the Supplies in accordance with the Client's requirements, the Company will not be liable for any consequences of late delivery howsoever caused.

LIABILITY FOR DEFECTIVE PRODUCTS

The Company's liability (in contract; tort; negligence; misrepresentation or otherwise) in respect of defects in the Supplies shall be limited to the replacement or repair of faulty items or material, or the issue of credit notes in respect thereof, or the granting of a refund or other such compensatory measures as the Company at its discretion considers appropriate in the circumstances, and shall be conditional upon the Client complying with the conditions of the manufacturer's warranty (where applicable). Such measures shall relate only to the actual faulty items or their value.

The Company shall not in any circumstances be under any liability to the Client in respect of any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with any contract between the Company and the Client for the sale and purchase of Supplies, PROVIDED that these conditions do not exclude or restrict the Company's liability for fraudulent misrepresentation or for death or personal injury arising from its negligence.

RETURN OF SUPPLIES

A Merchandise Returns Authorisation (MRA) number must first be obtained from the Supplier by telephone or email.

The Company will not accept any returns unless they are notified to the Company within 14 days of the date of delivery and returned within 14 days of the date of issue of the MRA.

The notification shall include the reason for the return, for example, the Supplies are defective or have been wrongly picked.

The client has no right to return supplies which have been delivered in accordance with the contract.

Supplies returned must be in the original packaging and be in an “as new” condition and subject only to any defects which have been notified to the company in accordance with theses terms & conditions.

The MRA number must be written on a label securely attached to the packaging.

Any supplies not meeting these criteria may, at our discretion, be refused and returned to the client and a handling charge which is equal to a minimum of 20% of the order value of the supplies involved, will be levied to the client's account to cover the additional costs involved to include, but not limited to, repackaging costs; carriage and associated costs of returning the supplies to the client. In addition, the client will be charged for any damage caused to the supplies whilst they were in the client's custody or control.

If the Client fails to make Supplies ready for collection on the return date agreed with the Company, the Company reserves the right to charge the Client a handling fee.

If, upon examination by the Company or the manufacturer, the returned Supplies are found not to be defective, the Company reserves the right to return the Supplies to the Client and to charge the Client a handling fee equal to a minimum of 20% of the order value of the relevant Supplies. Additionally, the client shall be deemed to have purchased the replacement supplies on these terms and conditions and the company shall be entitled to invoice the client for the replacement supplies.

The Company shall not be responsible for the loss in transit of any Supplies where the Client makes its own arrangements to return the Supplies to us.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract between the Company and the Client for the sale and purchase of Supplies.

EXPORT
The Client agrees that the Supplies will not be exported, resold or forwarded to any country or state with which the British Government currently has a trading embargo or where trading restrictions are in force.

The Client agrees to obtain all necessary licences and will not resell such Supplies within the UK to a purchaser knowing or being given reasonable grounds to suspect by the purchaser, that the purchaser intends to export such Supplies without first obtaining either such licences or a copy of such licences obtained by the purchaser.

FORCE MAJEURE
The Company reserves the right to cancel, vary or suspend the operation of a contract of sale if events occur which are in the nature of force majeure including, but not limited to, fire, floods, storm, explosion, epidemic, plant breakdown, strikes, lockouts, riot, hostilities, governmental actions, war or national emergency, acts of terrorism, protests, non-availability of materials or supplies or any other event outside the reasonable control of the Company. The Company shall not be held liable for any breach of contract resulting from such an event.

THE COMPANY'S REMEDIES

The Company may withhold or cancel further deliveries under the contract of sale and may recover all losses resulting there from if the Client if:-

The Client fails to make payment on the due date under any contract with the Company

Is in breach of any of the terms and conditions contained herein, notwithstanding that on a former occasion or occasions it has waived its rights.

The exercise of rights under this condition shall be without prejudice to the Company's other rights.

GENERAL
If any provision of the Contract is found by any court or body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable that part of the provision shall be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

THIRD PARTY RIGHTS

The Company and the Client do not intend that any term of the contract between us shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

LAW

The contract between the Company and the Client to which these terms and conditions apply shall be governed by the laws of England and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.