In these terms and conditions of trading “KOS” means Kent Office Solutions. “The Customer” means the customer to whom KOS agrees to supply goods. “Goods mean any items supplied by KOS to the customer. These terms of conditions shall apply to all contracts entered into between KOS and the customer unless agreed to the contrary in writing by an authorized officer of KOS. Unless otherwise agreed in writing by KOS (the supplier) these conditions which supersede any earlier sets of conditions appearing in the supplier’s catalogues or elsewhere shall override any terms or conditions stipulated incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees warranties or conditions.
All orders are subject to the availability of the goods and to written acceptance by KOS. Any prior indications by KOS by telephone, facsimile, E-mail or verbally shall be provisional only. KOS shall not be liable for the unavailability of any goods whether for delivery or collection.
Every endeavour will be made to maintain prices quoted, but such prices and taxes are subject to variation without notice. KOS reserves the right to pass on to the customer any increases or decreases in the cost of providing goods that occur between the date of quotation and delivery. All goods will be invoiced and payment will become due at the prices and taxes prevailing at time of delivery.
4. i) MANUFACTURING SPECIFICATION
The customer recognizes that MAOS is only a distributor of the goods. Although KOS will try to notify the customer of any variations in specification of which is aware the customer accepts that KOS cannot be accountable for the consequences of any such variations made by the manufacturer or any shortage of supplies.
ii) FORCE MAJEURE
The company shall be entitled, by written notice to the customer, to cancel any contract if it is prevented from or hindered in performing the same by any cause beyond its reasonable control, including (but not limited to) industrial action, war, fire, or prohibition or enactment of any kind without incurring any liability for any loss or damage whatsoever resulting.
We will use our best endeavours to deliver promptly, but shall be under no liability for delay in estimated delivery times or failure from any cause, nor for any loss or damage arising. KOS reserves the right to make part deliveries. Any request by the customer for KOS to delay or split delivery may result in a stock holding charge and any additional costs incurred by KOS being debited to the customer. The customer must check the goods before use or resale within 72 hours.
Deliveries over the value of £35.00 excluding VAT will be made without charge unless advised. Orders under this value may be subject to a small order charge.
All products sold by KOS will remain the property of KOS until the date upon which the invoice has been paid in full. If the customer is an approved account holder invoices are payable within 30 days of date of invoice. With any project works KOS reserve the right to request stage payments before works commence. If the customer fails to make payment as provided above KOS shall have the right to charge interest on overdue accounts at the rate of 2% per month until payment is received.
Title to the goods shall in no case pass from KOS until the full payment has been received. If a cheque is tendered by the customer it shall not be treated as payment until it has been cleared by KOS bank.
8. CANCELLATION / RETURN
Orders cannot be cancelled except with the consent of KOS and a written request is received and authorized on terms, which will indemnify us against all loss. All goods returned as not required must be reported with 72 hours and must remain in their original packaging. Failure to comply with this may result in a partial credit being issued.
9. RETURNS PROCEDURE
Before returning any goods to KOS the customer shall notify KOS by letter, facsimile or E-mail of its desire to return the goods together with the reason for the return.
We cannot accept responsibility for damage occurring to goods in transit unless reported to us in writing within twenty four hours from receipt of delivery. All shortages need to be reported within twenty four hours and delivery notes must be signed with reference to any damage or shortage.
These conditions and any contract following thereon shall be governed by and constructed in accordance with the laws of England and Wales.