TERMS & CONDITIONS
PLURIUM TECHNOLOGIES LLC – TERMS & CONDITIONS – 2015
All goods and services supplied by PLURIUM TECHNOLOGIES LLC are sold subject to the following conditions:
1. DEFINITIONS:
In these Terms and Conditions the “Company” means PLURIUM TECHNOLOGIES LLC whose registered office is 5085 Avalon Ridge Pkwy, Peachtree Corners, GA 30071 USA. The “Purchaser” or “Customer” means any person or company who buys or has agreed to buy goods and “Goods” mean any goods or services supplied by the Company. The “Conditions” mean the terms and conditions set out in this document. The singular shall be deemed to include the plural, the person shall include the firm or company and vice versa.
2. APPLICABLE TERMS:
Unless otherwise agreed in writing, any contract for the sale of goods shall be subject to these Terms and Conditions. Any oral or written terms offered or stipulated by the Purchaser shall, if inconsistent with these Conditions, be deemed rejected by the Company.
3. PRICES:
The prices for the Goods are stated in the Company’s quotation or, if no quotation is given, in the confirmation of order. The Company’s prices are fixed for a period as stated in the quotation/order acknowledgment. Thereafter the Company reserves the right to vary prices without notice.
4. QUOTATIONS AND INVOICES:
The right is reserved to amend any errors and/or omissions on quotations, invoices or any other documents of the Company. The quantity, quality, and description of the Goods shall be those set out in the Company’s quotation or order confirmation.
5. PACKING, CARRIAGE & INSURANCE:
Packaging, carriage, and insurance to designated premises, and on default or designation to any trading address of the Purchaser shall be paid by the Purchaser. If the products are damaged by the shipper, it is an obligation of the Customer to report and send pictures of the damaged products by email to sales.us@plurium.com within 2 days from delivery date.
6.1 INVOICING AND PAYMENT:
The Company standard payment terms are strictly payment in advance or as otherwise stipulated to Customer by the Company in a written agreement. If the Company grants Net Terms to the Customer, the Customer agrees to pay the amount(s) due as specified on the
invoice, per the Term granted by the Company, and Customer agrees to pay interest on all past-due sums at the rate of 1,5% per month or the highest rate allowed by law, whichever is higher.
6.2 If the Purchaser fails to make any payment when due then, without prejudice to any other right or remedy available to the Company, the Company
shall be entitled to:
a. terminate the contract and/or suspend any other further deliveries to the Purchaser: and/or
b. apply any ‘on account’ payments to whatever part of the debt the Company deems appropriate
7. DELIVERY:
The Goods shall be delivered to the address stated in the quotation or if no address is so stated then to any trading address of the Purchaser. Any delivery dates quoted are estimated only and time shall not be the essence of the contract with regard to such estimated dates. The Company will accept no liability for failure to supply or deliver within the period quoted. The Company shall be entitled to make partial deliveries by installments and these terms and conditions shall apply to each such delivery. Risk in the goods shall pass to the Purchaser upon delivery to the address.
The Purchaser is advised to insure accordingly.
8.1 TITLE:
Title to and ownership of the Goods shall not pass to the Purchaser until the date that the purchase price for the Goods and all sums payable
to the Company under any other agreement with the Purchaser or any other delivery or installment has been paid. (The “Payment Date”).
8.2 Until the Payment Date, the Purchaser shall not be entitled to sell, transfer, lease, charge, assign by way of security or otherwise deal in or encumber
the Goods and the relationship between the Company and the Purchaser in respect of the Goods, including any proceeds of sale or other consideration, therefore, shall be a fiduciary one.
8.3 The Company shall be entitled to exercise a right of lien or sale over any property of the Purchaser in its possession, without prejudice to any other
remedies available to the Company.
9. RETURNS:
Goods supplied may not be returned for credit without the written consent of the Company and any Goods which are returned without such
consent will be refused.
10. CANCELLATION / VARIATION OF THE PURCHASE ORDER:
Any order placed by the Purchaser shall not be varied or canceled without the prior written
consent of the Company. The granting of consent shall be entirely at the discretion of the Company and shall always be subject to the payment by the
Purchaser to the Company of a sum equivalent to the losses, including loss of profit, cost, and expenses of the Company caused by the variation or
cancellation (such sum being reasonably determined by the Company).
11.1 DAMAGED IN TRANSIT: The Company shall not be liable for faulty or damaged Goods unless such fault or damage can be shown to have risen
prior to dispatch. (a “Pre-Dispatch Defect”).
11.2 Any claim by the Purchaser which is based on a Pre-Dispatch Defect shall be notified to the Company within 7 days from the date of delivery or
(whereas the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. Following
notification the Company may, at its sole discretion, repair, replace, apparent on reasonable inspection) within a reasonable time after the discovery of the
defect or failure. Following notification, the Company may, at its sole discretion, repair, replace or issue a credit note in respect of defective Goods. The
purchaser must retain the Goods with the original packing for Inspection and return them, carriage paid and at the risk of the Purchaser to the Company.
12. NOTIFICATION OF SHORTAGE:
the Company shall accept no liability for shortage of goods on delivery unless written notification shall have been
received by the Company from the Purchaser within 7 days of dispatch in the Goods to the Purchaser.
13. CONSEQUENTIAL LOSS:
Any warranty or condition expressed or implied statutory or otherwise (including conformity with description sample, fitness
for purpose or quality) are hereby expressly excluded and the Company shall be under no liability whatsoever for consequential loss or damage of any
description in respect of goods sold, repaired converted and for services rendered.
14. EMPLOYERS LIABILITY:
Where employees of the Company are to be employed on the Purchaser’s Premises, the Purchaser will indemnify the
Company against any liability in respect of or claim such employees.
15. CUSTOMER LIABILITY:
The Company shall not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser’s failure to
perform any of the Purchaser’s obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser’s
control.
16. ASSIGNMENT:
No contract with the Company shall be assignable by the Purchaser without the prior written consent of the Company.
17. EXPENSES:
Without prejudice to any other remedy available the Company shall be entitled to recover from Purchaser any cost or expenses
(including solicitors fees and disbursements) incurred in recovering monies in respect of the goods or any other monies due under the terms and
conditions hereof.
18. EXPORT:
All orders for export shall be delivered Ex Works by the Company. The Conditions on export orders shall be subject to individual agreement
with the Purchaser.
19. WARRANTIES:
All goods supplied by the Company shall be subject to a period of warranty of 30 (thirty) days. The Company shall be under no liability
under the above warranty if the total price for the Goods has not been paid by the due date for payment.
20. FORCE MAJEURE:
The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond
reasonable control or the control of its suppliers.
21. GOVERNING LAW:
All contracts made between the Company and the Purchaser shall be constructed in accordance with and governed in all
respects by the Law of United States of America and the Purchaser agrees to submit to the exclusive jurisdiction of Georgia courts.
22. LIMITATIONS:
Goods sold by the Company may not be used in equipment and or products for use in any life support system, nuclear installations or
aircraft without the prior written consent of the Company
