Index Business Supplies Terms & Conditions
1. Conditions Applicable
1.1 Index Business Supplies Ltd (IBS) is registered in England and Wales No.2855211, the registered office is Unit 1, Dagenham Business Centre, Rainham Road North, Dagenham, Essex, RM10 7FD, and the VAT No. is 466716027.
1.2 These Conditions shall apply to all contracts for the sale of goods (which expression shall where the context so permits include the supply of services) by IBS to a buyer who is acting in the course of a business (including in the course of any business) to the exclusion of all other terms and conditions.
1.3 IBS reserves the right to add to, alter, amend or withdraw at any time without notice any of these Terms and Conditions or IBS's Service Guarantee referred to in clause 4.
1.4 All orders for goods until accepted or rejected at its discretion by IBS shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability. IBS reserves the right at any time to impose a minimum order quantity on any orders for goods prior to the order being accepted by IBS.
1.5 Whilst IBS has attempted to ensure that the information within its catalogues, web site and other publications is correct at the time of publication they do not form part of any contract for the sale of goods. For technical reasons colour illustrations should be viewed as a guide only.
1.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by IBS shall be subject to correction without any liability on the part of IBS.
1.7 In these Terms and Conditions 'Working Day' means Monday to Friday in each week except any Bank or Public Holiday in either IBS's place of business or such other days when IBS's sales office may be closed as notified to the Buyer from time to time, and “Days” refers to the number of working days.
2. Orders, Specifications and Returns
2.1 IBS reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements which do not materially affect their quality or performance. Whilst IBS will endeavour to supply the product ordered, IBS reserves the right to supply products of a comparable specification without notice and to vary to a reasonable extent the quantities delivered from those ordered to conform with IBS's or its suppliers standard packaging.
2.2 The goods sold by IBS are at its discretion categorised as:-
(i) Stock products being stationery products ordinarily held in stock by IBS or it’s wholesalers.
(ii) Non Stock products - being stationery products, machines and furniture not ordinarily held in stock by IBS.
2.3 Any non-returnable goods sold by IBS will only be accepted as a return either at IBS's absolute discretion or where the goods are found to be defective at the date of delivery.
2.4 Orders for stock stationery products may be cancelled at any time prior to the despatch of the goods. Orders for other stationery products may only be cancelled with the written agreement of IBS.
2.5 IBS shall credit the Buyer for Stock stationery products which are returned within 10 days of delivery provided always that the goods remain unopened and are returned in their original packaging and in the condition in which they were originally delivered otherwise IBS shall have the sole discretion not to accept the return of goods.
2.6 Non-Stock products (or Specials) cannot be returned for credit. This does not affect your statutory rights. For Health & Safety reasons, no consumable food stationery products may be accepted for return.
3. Price and Payment
3.1 IBS's policy is to offer competitive prices wherever possible. Due however to the ever changing nature of the office supplies market, unless otherwise agreed in writing, IBS reserves the right at any time to revise the price of goods without notice to the Buyer. The price of the goods shall be the price stipulated in IBS's price list current at the date of despatch of the goods. IBS will however wherever it is practical to do so endeavour to notify price changes prior to their implementation.
3.2 Prices quoted are, except where otherwise stated in writing, exclusive of VAT at the rate prevailing on the date of despatch of the goods.
3.3 The Buyer shall pay the price of the goods within 30 days nett of the date of IBS's invoice notwithstanding that the property in the goods has not passed to the Buyer. The time of payment shall be of the essence of the contract.
3.4 IBS reserves the right to grant, refuse, withdraw, restrict, alter, suspend or cancel credit terms at their sole discretion. IBS, without limitation, reserves the right to refuse or cancel orders for goods where the buyer is or is liable to become in breach of its agreed credit terms.
3.5 Where the Buyer's account has been suspended or cancelled or if the Buyer's credit limit is reached or exceeded IBS shall be under no obligation to accept any further Orders for goods and IBS shall not be held to be in breach of its Service Guarantee as provided in clause 4
3.6 If the Buyer fails to make payment on the due date then without prejudice to any other right or remedy available to IBS, IBS shall be entitled to charge the Buyer:-
(i) Interest (both before and after any judgement) on the amount unpaid at the rate of 4% above the pertaining Bank of England interest rate per annum until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
(ii) An administration fee of £30.00.
4.1 Save for the provisions of clause 6.8, and subject always to these Terms and Conditions, IBS will deliver to the customer as agreed (dependant on availability):-
4.1.1 IBS's guarantee of delivery is subject to the Buyer providing sufficient accurate information and appropriate facilities to enable IBS to effect delivery of the goods.
4.2 IBS's Service Guarantee shall not be applicable where:-
4.2.1 IBS is unable to deliver the goods because the Buyer has not provided IBS with sufficient delivery information or
4.2.2 if the Buyer is not available to take delivery of the goods
4.3 If IBS fails to deliver the goods for any reason other than any cause beyond IBS's control or the Buyer's fault and IBS is accordingly liable to the Buyer, IBS's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
4.4 For the purposes of this clause an order is received when it is in the possession of IBS. In the case of internet orders placed out of normal working hours receipt shall be deemed as being on the first working day following receipt of the order.
4.4 Following the delivery of goods unless the Buyer notifies IBS within 10 days of any discrepancies in the goods received all the goods ordered as stated on the delivery note shall be deemed to have been delivered.
5. Risk and Property
5.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.
5.2 Notwithstanding delivery and the passing of risk in the goods or any other provision of these Conditions, title to the goods or any part thereof shall not pass to the Buyer until:-
5.2.1 IBS has received payment of all monies owed due and payable by it to IBS for the goods and all other goods agreed to be sold by IBS to the Buyer for which payment is then due;
5.2.2 IBS serves notice in writing on the Buyer specifying that title in the goods or any specified part thereof has passed to the Buyer. Until title to the goods has passed, the Buyer shall possess the goods or any part thereof as a bailee of IBS and shall store the goods or any part thereof in the same state and condition in which they have been delivered separately from other goods so as to ensure that they are clearly identifiable as the property of IBS.
5.3 IBS shall be entitled to recover the goods in respect of which title has not passed to the Buyer at any time and the Buyer hereby licences IBS, its officers, employees and agents to enter upon any premises of the Buyer for the purpose either of satisfying itself that clause 5.2 hereof is being complied with by the Buyer or recovering any goods in respect of which title has not passed to the Buyer.
5.4 Until such time as the title to the goods passes to the Buyer, the Buyer shall be entitled to use the goods in the ordinary course of business.
6. Warranties and Liability
6.1 IBS will replace stationery products found to be defective on delivery without charge. Goods incorrectly supplied or invoiced as a result of error on the part of IBS will be collected or credited without charge. Any stationery item in its original, undamaged packaging, except special order stationery products, may be returned within 10 days of delivery. These are the sole remedies in such cases.
6.2 Subject to the conditions set out below IBS warrants that all non-consumable goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for the period
detailed in the manufacturer’s documentation.
6.3 The above warranty is given by IBS subject to the condition that IBS shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturers' or IBS's instructions (whether oral or in writing), misuse or alteration or repair without IBS's approval.
6.4 IBS shall not be liable for any injury, damage or loss resulting from use of an IBS-supplied product for a purpose that that product is not expressly designed for.
6.5 All goods are supplied by IBS in good faith and as per the manufacturer’s published information. IBS shall not be liable to the buyer for any damage or abnormal wear to a machine that is claimed to have been caused by use of an IBS-supplied product that is used in accordance with the manufacturer’s information, nor if such damage or abnormal wear could have been caused by goods not supplied by IBS used in the machine before or after the use of an IBS-supplied product.
6.6 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law, subject to clause 6.6 below. The Buyer when ordering via IBS's web site must ensure it has in place virus protection as IBS accepts no liability for viruses transmitted or passed to the Buyer through use of IBS's web site whether for ordering purposes or otherwise.
6.7 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to IBS in accordance with these Conditions, IBS shall be entitled to repair or replace the goods (or the part in question) free of charge or, at IBS's sole discretion, refund to the Buyer the price of the goods (or proportionate part of the price), but IBS shall have no further liability to the Buyer.
6.8 IBS shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of IBS, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or services or their use or resale by the Buyer.
6.9 The Buyer agrees that it is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and that it is reasonable for IBS to sell the goods and fix the purchase price on the basis of the exclusions and limitations of liability which price would be higher were such provisions altered in these conditions and the Buyer agrees that it will be responsible for effecting insurance cover as mentioned above including (but not limited to) any required insurance cover in respect of any loss or damage of whatsoever kind or howsoever caused either by reason of the negligence of IBS or otherwise to premises, plant or to other property and IBS shall have no legal liability in respect of any such loss or damage.
6.10 IBS shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of IBS's obligations in relation to the goods, if the delay or failure was due to any cause beyond IBS's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond IBS's reasonable control:-
(i) Act of God, adverse weather conditions, explosion, flood, tempest, fire or accident.
(ii) War or threat of war, sabotage, insurrection, civil disturbance or requisition.
(iii) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
(iv) Import or export regulations or embargoes.
(v) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of IBS or of a third party).
(vi) Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
(vii) Power failure or breakdown in any vehicle or machinery or any computer malfunction.
(viii) The imposition of Stopping, Waiting, Parking or similar restrictions which delay or prevent IBS from reasonably affecting delivery of the goods.
7.1 The contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction for the English courts in relation to any dispute hereunder.
7.2 Nothing in this agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) 1999 shall not apply.
First Published October 2006