Terms and conditions
Conditions of Sale & Provision of Services
- These conditions alone shall govern and be incorporated in every contract for the sale of goods made by or on behalf of the seller (e-cargobikes.com Ltd) with any customer (the Buyer). They shall prevail over any terms and conditions (whether or not in conflict or inconsistent with these conditions) contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice.
- All invoices issued by the seller are payable without discounts in accordance with agreed payment terms, VAT, taxes and other possible duties and costs are always for the account of the Buyer.
- The company will be entitled to interest on any overdue amounts at the rate of 1.5% per month calculated pro rata from the due date of payment and continuing to run after judgement. Failure by the Company to invoice or demand payment of the interest or any forbearance on its part will in no way prejudice the Company’s entitlement thereto. Interest will be due and payable forthwith upon demand.
The company will also be entitled to reimbursement of all external or additional costs and expenses reasonably incurred in the enforcement of its rights under this clause, including, but not limited to, the payment of agency and legal fees and expenses whether incurred before or after the legal proceedings.
Interest on this expenditure will accrue, as set out in the clause hereof, on the interest, from the date the expenditure is incurred.
- From the moment the goods and or services are delivered or provided to customer’s premises/customer’s transport, the risk of the goods in transferred to the Buyer and this without prejudice to the stipulations of clause 5. All complaints, including damages, must be made IN WRITING within 10 days of receipt of goods. For lack of such written complaint* the goods and or services delivered will be considered in conformity with the items purchased and delivered in good conditions.
- The title in the goods shall pass to the Buyer only when payment in full has been received by the Seller for all goods whatsoever supplied (and all service rendered) at any time by the Seller to the Buyer. The Buyer shall permit the servants or agents of the seller to enter on to the Buyer’s premises and repossess the goods at any time prior thereto.
Should the goods (or any of them) be converted into a new product, whether or not such conversion involved the admixture of any other goods or anything whatsoever and in whatever proportions, the conversions shall be deemed to have been effected on behalf of the Seller and the Seller shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the Buyer hereby indemnifies the Seller in relation thereto.
In the case of non-payment at the due date and upon demand the Buyer must return forthwith to the Seller all merchandise unpaid for.
- The seller shall not be liable to the Buyer for any loss or damage which may be suffered by the buyer as a direct or indirect result of the supply of goods by the Seller being prevented, hindered, delayed, cancelled or rendered uneconomic by reason of circumstances or events beyond the Seller’s reasonable control (force majeure circumstances) including but not limited to act of God, fire, strikes technical breakdowns, war, mobilization, epidemics oc government interventions, which could adversely affect our provisioning or where deliveries to us or to our suppliers are permanently or temporarily impossible, hampered or can only be affected at a loss.
- Any sale or provision of service to which these conditions apply shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.