Condition of Sale

  1. Definitions

The following definitions shall apply in these terms and conditions:
"Catalogue" means the sales collateral including paper prints, website or any other literature published by the company

"Company" means Oxon Emart LTD or its permitted assigns, address The Offices at Three Corners , Merton Road, Ambrosden, OX25 2LU

"Conditions" means these terms and conditions of sale and purchase set out in this document and any special conditions agreed by the company.
"Contract" means any contract between the seller and the Customer for the sale and purchase of any of any products or services
"Customer" means the person(s) or company who buys any of product and service from the company.

"Goods" means any goods (including any Software) supplied or to be supplied by the Company to the Customer.

"Order" means the Customer’s order for the purchase of any of the Supplies by the Company as set out in the Company’s order form, the Customer’s written acceptance of the Company’s quotation, or placed via telephone, email or the Company’s online ordering facility.
"Services" means any services supplied or to be supplied by the Company to the Customer.
"Software" means any software identified in an Order, which, along with the applicable EULA, shall also reference the scope of use, duration of use and the number of users provided for under any such software.
"Supplies" means any Goods and/or Services.
"Tangible Goods" means any physical Goods supplied or to be supplied by the Company to the Customer.
"VAT" means United Kingdom value added tax or any similar sales tax imposed in any other jurisdiction.

Price: means the list of prices of the goods set and maintained by the company. These prices are subject to amendment from time to time by the company. The prices also mean other additional prices such as carriage, packaging, insurance or interest as may be quoted by the company.

  1. Business customers

The Company is a business to business supplier. All the products listed on the company website are intended for business use and not consumers. By purchasing, the Customer confirms that he, she or it wishes to obtain the product or services supplies for the purposes of his, her or its business and not as a consumer. Nothing in these terms and condition of sale shall affect the statutory rights of a customer who deals as consumer.

  1. General Conditions

    1. All Orders are accepted by the Company subject to and in accordance with these Conditions. NO other terms or condition will apply to the sale of product or services by Oxon E Mart unless agreed in writing by an authorised Oxon E Mart signatory

    2. If there is any conflict between: the other provisions of this Catalogue and these Conditions; or the provisions of any Order and these Conditions, then these Conditions will prevail unless the Company agrees otherwise in writing.

    3. Together with any terms accepted by the Company in connection with an Order these Conditions constitute the entire agreement between the Company and the Customer in relation to any of the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by the Company.

  1. Prices

    1. The prices on website are subject to change without a prior notice.

    2. The price of an ordered product shall be set out on company website at the time of order acceptance.

    3. All the prices are in £ Sterling and are exclusive of VAT.

  2. Payment

    1. All the payments must be made cash, cards or direct bank transfer at the time of order.

    2. Unless the full payment is cleared, the ordered goods won’t be dispatched.

  3. Orders

    1. The Company reserves the right to decline to trade with any company or person, whether or not payment has been received, by giving notice of non-acceptance to the customer by phone or email within reasonable period of receipt of order. If The order has been rejected or cancelled by the company, any payments received for the order would be refunded to customer as soon as reasonably practically possible.

    2. To avoid duplication any Orders placed over the internet must be clearly marked ‘Confirmation only’. The Company will not accept liability for Orders not so marked and duplicate Orders will be charged accordingly. Once accepted, no Order may be cancelled without the prior written agreement of a director of the Company.

    3. Orders for Goods which are not included in the Catalogue or are non-stock items or are customised bespoke order Goods, may not be cancelled by the Customer.

    4. The Company reserves the right to make a small order handling charge on small value orders.

  4. Delivery

Delivery of Tangible Goods

    1. The delivery of goods shall be made to the address (unless alternative delivery address is agreed in writing) specified by the customer. The customer shall make necessary arrangement to receive the delivery of goods whenever they are tendered for delivery.

    2. The delivery date specified by the company is estimated only, time and date of delivery shall not be essence of the contract, the company will make all the reasonable efforts to comply with such dates but compliance is not guaranteed. The customer shall have no right to damages or cancel the order for failure any cause to meet any delivery dates stated at the time of purchase.

    3. If the company is unable to deliver the goods for the reasons beyond its control, then the company shall keep the goods in storage until such time as delivery may be affected. The customer shall be liable for any expense associated with such storage.

    4. If the customer fails to accept the delivery of goods on the date of delivery, the company reserves the right to invoice the goods to the customer and charge for it. In addition, the customer shall pay reasonable storage or demurrage charges until the goods are delivered or disposed of somewhere else.

    5. Where the customer required delivery in instalments, each delivery shall constitute as separate contract.

  1. Delivery of All Goods

    1. The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in Condition (Inspection Defect and non-delivery) below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance.

    2. Time for delivery and/or performance will not be of the essence and the Company reserves the right to delay despatch for a number of reasons, including to perform any necessary credit or anti-fraud checks or procedures or to ensure that payment in full has been received in cleared funds. Where despatch is delayed for such reasons, the Company will use reasonable endeavours to inform the Customer

    1. Inspection, defects and non-delivery

  1. The company is distributor of the goods and the customer is exclusively responsible for detailing the specification of products or components, determining the application of goods and for ensuring their ability to function for that purpose.

  2. The Customer must inspect any products as soon as is reasonably practicable after delivery, the Company shall not be liable for any defect in any of the Supplies unless written notice is given to the Company within 10 calendar days of the date of inspection. No claim of defect, damage or quality will be entertained (without prejudice to the company’s other rights pursuant to these conditions) unless a written notice along with supporting evidence is received by the company within 10 days of delivery. After 10 days the customer shall not be entitled to reject goods which are not in accordance with the contract.

  3. The customer shall not remove the marks or number on the products (if any)

  4. In case of components, the customer shall accept delivery of the goods even if the delivered quantity is 5% greater or lesser than the purchased quantity. The price shall be adjusted on prorate basis for any discrepancy.

  5. The remedies set out above are the customer’s exclusive remedies for non- delivery, short delivery of products/ components or goods, or for apparent defect in the product or delivery of product not in accordance of order. The Company shall not be liable for any losses, consequential or otherwise, or for cost (including legal cost), expenses, liabilities, loss of profit, loss of life or property, loss of productivity, business or economic loss, depletion of good will, damages, claims , demands, proceedings, judgments or otherwise arising from these circumstances.

No Fault cancellation and Returns

    1. The Company may, at its discretion and in writing, allow an order to be cancelled where there is not fault with the product. To be accepted for return on this basis, Goods should be returned for receipt by the Company within 21 calendar days of despatch.

    2. Prior to returning any Goods to the Company for any reason, the Customer must contact the Company to obtain a returns number.

    3. All Goods are returned at the Customer’s risk and expense and should be undamaged and in their original packaging (if applicable). The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.

    4. Any Goods returned after 21 calendar days of despatch as ‘unwanted’ or ‘incorrectly ordered’ may be accepted at the discretion of the Company, but will be subject to a minimum restocking fee of 20% of the invoice value of the Goods or £10, whichever is the greater.

    5. Any Goods product or components which are non-stocked item, specifically designed and manufactured for the customer are not returnable and do not fall under company return policy.

  1. Description

    1. All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including without limitation in the Catalogue, on data sheets, application notes, despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract.

    2. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct.

  1. Risk and ownership

Risk in the Goods

    1. The risk of damage or loss of Goods will pass to the Customer in case of goods to be delivered to the customer’s premises. In case of goods to be collected form company’s premises, risk of damage or loss to the product shall pass on to the customer at the time of collection.

    2. The ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due from the Customer to the Company on any account whatsoever. Until ownership passes to the Customer, the Customer must hold such Goods on a fiduciary basis as the Company’s bailee and shall keep the goods separate from their stock, properly stored, insured and identified as company’s property.

    3. If payment is not received in full by the due date, or the Customer passes a resolution for winding up or a court shall make an Order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.

  1. Performance and fitness for purpose

    1. Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of any of the Supplies to comply with such criteria, whether attributable to the Company’s negligence or otherwise.

  2. Warranty

    1. The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods. IN the event of products being defective and subject to provision of clause “Inspection, defects and non-delivery” the company will (at its option) replace, repair or refund the purchase price.

    2. However, this obligation will not apply:

      1. if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;

      2. because the Customer did not follow the manufacturer’s instructions for storage, usage, installation or maintenance of the Goods;

      3. if the Customer has failed to notify the Company of any defect in accordance with clause “Inspection, defects and non-delivery” where the defect should have been reasonably apparent on reasonable inspection; or

  3. Liability and Limitation of liability

    1. The company shall not be liable for any damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, productivity, business or economic loss, depletion of good will, cost (including legal cost), claims, loss of life or property, personal injury, demands, proceedings, judgments, or otherwise resulting from the followings

      1. Failure to give any advice or information whether or not due to its negligence or that of its employees, agents, supplier or sub-contractors

      2. Any defect in product or services

      3. Intellectual property rights infringements

      4. Any other loss whatsoever arising out of these terms and conditions of sale

    1. Where any court or arbitrator determines that any part of liability clause, for whatever reason, unenforceable, the company shall be liable for all the loss or damage suffered by the customer but in an amount not exceeding the price paid for the goods.

  1. Intellectual property rights

    1. The Supplies in this Catalogue may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business (subject to the Customer at all times complying with the terms and conditions of any applicable EULA in respect of any Software supplied by the Company to the Customer).

    2. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable.

    3. The Company owns full copyright in respect of this Catalogue and its reproduction in whole or part is prohibited without the Company’s prior written consent.

    4. The company does not warrant or give any assurance to the customers that any product supplied, do not infringe the intellectual property rights of third party.

  2. Use of Personal Data

The Company processes personal data in accordance with the applicable personal data laws, the terms of its  privacy policy  and the consents it has received from each personal data owner. The Company’s  privacy policy  outlines how and the purposes for which the Company manages, collects, use and transfers personal data.

  1. Country of origin

Unless otherwise confirmed by the Company in writing, nothing in this Catalogue is to be taken as representation of the source of origin, manufacture or production of the Goods or any part of them.

  1. Export

    1. Separate Conditions of Supply apply to export transactions and are available on request from the Company’s export department. The Customer is responsible at its own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined.

    2. The customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re export, or otherwise provide product to any country or entity under sanction or embargo administered by the United Kingdom, The United States of America, The European Union or other country.

    3. The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Goods.

  2. Prohibited Applications

The Goods are not designed, authorised or warranted to be suitable for use in anti-personnel landmines, nuclear facilities or weapons, automotive, railways or mass and rapid transit network, chemical or biological weapons, missile technology, space or aircraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment, safety equipment or for any other purpose where the failure or malfunction of the Goods could reasonably be expected to result in personal injury, death, severe property or environmental damage. Use or inclusion of the Goods in any such equipment, system or applications is strictly prohibited (unless the Company agrees in writing that such prohibition does not apply to a particular product) and any such use will be at the Customer’s own risk. The Customer will indemnify the Company and its suppliers against any and all liability and expense (including costs) resulting from any such inclusion or use.

  1. Force majeure

The company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to act of God, strikes, lock outs, accidents, war, fire, breakdown of plants or machinery or storage or unavailability of raw material from the source of supply, and the company shall be entitled to a reasonable extensions of its obligations. If the delay persists for the such time the company considers unreasonable, it may without liability on its part, terminate the contract or any part of it.

  1. Recording of telephone calls

The Company reserves the right to monitor, intercept or record telephone calls and may monitor or intercept all email or other electronic communications made to or from its premises for training, security and quality purposes.

  1. Governing law and jurisdiction

All Contracts and non-contractual disputes shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any court of competent jurisdiction.