SRS will only offer credit if the level of business
warrants it and the necessary credit checks and customer
history justify a full credit rating.
Our standard credit terms are "invoices Must be
paid by 20th of month following month of invoice"
Until a full credit rating is given Customers may pay
against Pro Forma invoice or use a credit card to make
SRS Products PLC:
Standard Terms & Conditions for the sale of goods
- Buyer............... the person who buys or agrees
to buy the goods from the Seller.
- Conditions....... the terms and conditions of sale
as set out in this document and any special terms
and conditions agreed in writing by the Seller.
- Goods.............. the articles which the Buyer
agrees to buy from the Seller.
- Price ….............the price for the Goods,
excluding VAT and any carriage, packaging and insurance
- Seller …...........SRS Products PLC 19 Mead
Park, Riverway, Harlow, Essex,CM20 2SE
2.1 These Conditions shall form the basis of the contract
between the Seller and the Buyer in relation to the
sale of Goods, to the exclusion of all other terms and
conditions including the Buyer's standard conditions
of purchase or any other conditions which the Buyer
may purport to apply under any purchase order or confirmation
of order or any other document. Any contractual dispute
between the Seller and the Buyer shall be governed by
2.2 All orders for Goods shall be deemed to be an offer
by the Buyer to purchase Goods from the Seller pursuant
to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed
to be conclusive evidence of the Buyer's acceptance
of these Conditions.
2.4 These Conditions may not be varied except by the
written agreement of a director of the Seller.
2.5 These Conditions represent the whole of the agreement
between the Seller and the Buyer. They supersede any
other conditions previously issued.
The Price shall be the amount quoted on the Seller's
confirmation of order. The Price is exclusive of VAT
which shall be due on all United Kingdom purchases at
the rate in force on the date of the Seller's invoice.
4. Payment and Interest
4.1 Payment of the Price and any VAT shall be due by
20th of month following the month in which the Seller's
invoice is dated. Earlier payment may be requested on
the confirmation of order if the Buyer,s Credit rating
by the Seller warrants this.
4.2 The Seller shall be entitled to charge Interest
on overdue invoices which accrues from the date when
payment becomes due calculated on a daily basis until
the date of payment at the rate of 8% per annum above
the Bank of England base rate from time to time in force.
Such interest shall accrue after as well as before any
4.3.The Buyer shall pay all accounts in full and not
exercise any rights of set-off or counter-claim against
invoices submitted by the Seller.
The quantity and description of the Goods shall be
as set out in the Seller's confirmation of order.
6. Warranties and Liabilities
6.1 The Seller warrants that the Goods will at the
time of delivery correspond to the description given
by the Seller in the confirmation of order. [Except
where the Buyer is dealing as a consumer (as defined
in section 12 of the Unfair Contract Terms Act 1977),
all other warranties, conditions or terms relating to
fitness for purpose, quality or condition of the Goods
6.2 Any claim by the Buyer which is based on any defect
in the quality or the condition of the Goods or their
failure to correspond with specification shall be notified
to SRS within 28 days from the date of delivery and
the Goods shall be returned to SRS carriage paid. If
the Buyer does not notify SRS accordingly and return
the Goods SRS shall have no liability for such defect
and the Buyer shall be bound to pay the price as if
the goods had been delivered in accordance with the
6.3 Any attempt by the Buyer to rework faulty goods
supplied by SRS will totally invalidate any warranty.
6.4 Where any valid claim in respect of any of the
Goods is notified to SRS in accordance with this Condition
6 then SRS shall be entitled to replace the Goods (or
the part in question) free of charge or at SRS' s sole
discretion refund to the Buyer the price of the Goods
(or a proportionate part of the price) and SRS shall
have no further liability to the Buyer.
6.5 Save as expressly provided in these Conditions
and except in respect of death or personal injury caused
by SRS' s negligence :
(a) SRS shall not be liable to the Buyer by reason
of any representation or any implied warranty,condition
or other term or duty at common law or under the express
terms of the Contract for any consequential or indirect
loss or damage (whether for loss of profit or otherwise)
and whether caused by the negligence of SRS,its employees
or agents or otherwise which arises out of or in connection
with the supply of the Goods or their use or resale
by the Buyer;
(b) the total liability of SRS, whether in contract,tort
or otherwise and whether in connection with this contract
or any collateral contract, shall in no circumstances
exceed the total sums payable by the Buyer to SRS for
6.6 Any claims for loss of, or damage to, the Goods
in transit will only be entertained if lodged by the
Buyer in writing, with SRS within 7 days from receipt
of those Goods.
7. Intellectual Property Rights
7.1 SRS has no actual knowledge of any infringement
of any patent,design right,copyright or any other intellectual
or industrial property rights which will result from
the sale or use of the Goods in accordance with the
terms of the Contract. SRS gives no warranty that such
sale or use will not give rise to infringement of this
7.2 SRS shall not be liable for the infringement of
any patent, design right, copyright or any other industrial
or intellectual property caused by the use of the Goods
in combination with other articles or materials or used
in any process not supplied by SRS.
7.3 The Buyer shall notify SRS immediately of any claim
made or action brought against the Buyer for the infringement
of patent, design right, copyright or any other industrial
or intellectual property right and SRS shall have sole
conduct of the litigation and all settlement negociations
which may arise therefrom. The Buyer shall give SRS
its reasonable assistance in relation to any such claim.
7.4 The Buyer shall ensure that any trade marks or
any other words or marks affixed to or used in relation
to the Goods are not obliterated,obscured or omitted.
7.5 The Buyer shall not add, affix or use any additional
words or marks, to or in relation to, the Goods.
8. Delivery of the Goods
8.1 Delivery of the Goods shall be made to the Buyer's
address. The Buyer shall make all arrangements necessary
to take delivery of the Goods on the day notified by
the Seller for delivery.
8.2 The Seller undertakes to use its reasonable endeavours
to despatch the Goods on an agreed delivery date, but
does not guarantee to do so. Time of delivery shall
not be of the essence of the contract.
8.3 The Seller shall not be liable to the Buyer for
any loss or damage whether arising directly or indirectly
from the late delivery or short delivery of the Goods.
If short delivery does take place, the Buyer undertakes
not to reject the Goods but to accept the Goods delivered
as part performance of the contract.
8.4 If the Buyer fails to take delivery of the Goods
on the agreed delivery date or, if no specific delivery
date has been agreed, when the Goods are ready for despatch,
the Seller shall be entitled to store and insure the
Goods and to charge the Buyer the reasonable costs of
9. Acceptance of the Goods
9.1 The Buyer shall be deemed to have accepted the
Goods 7 days after delivery to the Buyer.
9.2 The Buyer shall carry out a thorough inspection
of the Goods within [48 hours] of delivery and shall
give written notification to the Seller within 5 working
days of delivery of the Goods of any defects which a
reasonable examination would have revealed.
9.3 Where the Buyer has accepted, or has been deemed
to have accepted, the Goods the Buyer shall not be entitled
to reject Goods which are not in accordance with the
10. Title and risk
10.1 Risk shall pass on delivery of the Goods to the
10.2 Notwithstanding the earlier passing of risk, title
in the Goods shall remain with the Seller and shall
not pass to the Buyer until the amount due under the
invoice for them (including interest and costs) has
been paid in full.
10.3 Until title passes the Buyer shall hold the Goods
as bailee for the Seller and shall store or mark them
so that they can at all times be identified as the property
of the Seller.
10.4 The Seller may at any time before title passes
and without any liability to the Buyer: (a) repossess
and dismantle and use or sell all or any of the Goods
and by doing so terminate the Buyer's right to use,
sell or otherwise deal in them; and (b) for that purpose
(or determining what if any Goods are held by the Buyer
and inspecting them) enter any premises of or occupied
by the Buyer.
10.5 The Seller may maintain an action for the price
of any Goods notwithstanding that title in them has
not passed to the Buyer.
11. Carriage of Goods
Carriage will be chargeable on all sales if this is
stated on the Seller's order confirmation.