In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings: “the Buyer” means the person, firm or company who purchases Goods from the Company: “the Company” means [KOLUMBUS INTERNATIONAL]; “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms; “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer; “Place of Delivery” means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as the Company’s bale; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
The price for the Goods shall, unless otherwise agreed, be the price set out on in the Company’s price list. The price for the Goods shall be displayed on the price list exclusive of all costs of carriage and insurance which the Buyer shall pay in addition.
Subject to paragraph 5, payment of the price of the Goods shall be due before the goods are shipped. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds. Order time frame will not be started until the payment from Buyer is transferred to Our business account.
The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
All goods returned to the Company, whether incorrectly supplied, unwanted, damaged, or faulty, will only be accepted subject to the following terms and conditions:- Returned goods will only be accepted if they are within warranty. The customer agrees to pay all such fees or charges and authorizes the Company to take such payment by the customer's normal account payment method as applicable without further notification to the customer. No refund or replacement can be made against goods which cannot be identified as coming from the customer who is returning them. Goods must be returned complete, including where appropriate all packaging and in an acceptable condition. The Company will aim to refund unwanted items within 7 days from the receipt of the returned goods.
9. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original price of the goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
10. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
11. Modes of payment
We accept small amount of payments via Western Union or PayPal. Under mutual understanding between the Company and Buyer this condition will finalized.
Sign up for our newsletter
© Copyright 2019, Kolumbus International. All rights reserved.