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Terms and Conditions

 1 Unless otherwise agreed in writing by Dark As, hereinafter referred to as "the Company", these terms and conditions expressly exclude any terms and conditions stipulated or referred to by the Buyer in negotiations or Orders and also exclude all express or implied warranties or conditions, statutory or otherwise, and the acceptance of an order by the Company shall constitute the acceptance of these terms and conditions by the Buyers. The Company reserves the right to alter or amend these terms and conditions as it deems necessary.

2 Performance of contract
If the Company be prevented from making or delivering the goods for any reason whatsoever beyond its control, the time for delivery should be extended until such time as the cause has ceased to operate. The Company may, at any time during the continuance of the cause of delayed delivery, determine the contract without incurring any liability for such determination.


3 Consequential loss
Under no circumstances will the Company be responsible for loss of profits or any other consequential loss suffered by the Buyer due to defects in material, workmanship, delays in delivery or any other source.


4 Errors in order
It should be the responsibility of the Buyer, before entering into this contract, to be satisfied that the goods described are the goods that the Buyer has ordered. The Company cannot accept any responsibility for goods incorrectly or inaccurately ordered by the Buyer and will not accept any request for exchange of goods or changes in the specification of the goods after the contract has been entered into, other than at the sole discretion of the Company.


5 Confirmation of the order by the Buyer
All orders are to be confirmed by the Buyer to the Company in writing. Orders made verbally must be confirmed in writing within 48 hours. The Company cannot accept any responsibility for errors or inaccuracy in complying with orders or failure to meet orders not made in writing and cannot guarantee delivery of any order unless confirmed in writing.


6 Delivery dates
Delivery dates are approximate only and cannot be guaranteed. Whilst every effort will be made to meet such dates, the Company cannot accept responsibility for any delays, however incurred. Any stipulated time for delivery will date from the receipt by the Company of the Buyer's written order to proceed or of all the necessary information to enable the Company to put work in hand, whichever is the later. The Company is entitled to make part delivery. Each delivery should be considered a separate and independent transaction and the failure or delay in any one delivery against an order shall not affect the balance to be delivered or enable the Buyer to cancel the balance. A Buyer cannot, because of complaints on a part delivery, whether justified or not, disclaim responsibility in any way for the remaining deliveries.


7 Inspection of goods
The Buyer shall inspect the said goods immediately upon delivery and shall within 48 hours of delivery, give notice in writing to the Company of any complaint, fault, error or other matter by reason of which the Buyer alleges that the goods are not in accordance with the terms of the contract. In the event that the Buyer does not inspect the goods immediately upon delivery by an authorised representative of the Buyer shall sign the delivery note as "unexamined on delivery".


8 Notice of faults
If a Buyer fails to give notice in accordance with the terms of this contract, the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.


9 Indemnity
Risk of damage or loss of the goods shall pass to the Buyer at the time of delivery by the Company to the Buyer. The Company shall be indemnified by the Buyer against all claims in respect of any loss, injury or damage sustained by a third party, however caused as a result of the supply of goods to the Buyer. The Buyer shall also indemnify the Company against all claims made on the Company by third parties, irrespective of royalties, purchase tax, patents, registered design or other rights which they may have when the goods have been supplied which are to the Buyers specification or design
or a specification or design accepted by the Buyer.


10 Property and goods Notwithstanding delivery and the passing of risk in the goods or any other provision of these terms and conditions, the property in the goods shall not pass to the Buyer until the Company has received in cash or cleared funds in payment of the full price and the price of all other goods agreed to be sold by the Company to the Buyer, for which payment is then due and until such time as the property and the goods passes to the Buyer, the Buyer shall hold the goods as Agent and Bailee and keep the goods separate from those of the Buyer and any third party. The Buyer shall, until such times as the property in the goods passes to the Buyer, be obliged to deliver up the goods to the Company upon demand, whether in writing or given verbally within twenty-four hours.


11 Carriage
Carriage will be charged at cost. Unless otherwise stated.


12 Deposit
The Company shall be at liberty to request a deposit from the Buyer upon entering into the contract, such deposit to be at the discretion of the Company. In the event of any change in the terms o the contract, or a cancellation of this contract, the Company will be at liberty to forfeit any deposit paid and treat the contract as cancelled without prejudice to any other rights and remedies available to the Company.


13 Payment
Payment terms are cash with order.


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