TERMS AND CONDITIONS OF SALE BY MPOWER DATA LTD

1.  In these terms and conditions Mpower Data Ltd  shall be known as Mpower.These conditions form the basis of a contract, and cannot be modified by any other conditions, express or implied, unless Mpower has accepted the new conditions in writing.

2.  Quotations

Mpower shall not be bound by any quotation, written or verbal, until Mpower has issued a written acceptance of the order.

3.  Cancellation

A legally binding contract, subject to these terms and conditions will have been formed as soon as the written acceptance has been issued.  The purchaser will not be entitled to cancel the order unless Mpower agrees to do so.  In the event of a cancellation being agreed, Mpower will be entitled to claim compensation from the purchaser for any loss suffered as a result of the cancellation.

4.  Specification of goods

Mpower reserves the right, without prior notice, to supply goods to a different specification, but only if the specifications have been altered to comply with standards recommended by the British Standards Institution or other recognised approved authorities.

5.  Delivery

While Mpower will make every effort to meet delivery dates, it reserves the right in the event of circumstances out with its control to deliver late, and the purchaser will have no right to compensation in these circumstances.  The phrase “circumstances out with its control” includes (without prejudice to the generality) unavailability of materials and breakdowns at supplier’s plant, or the failure of the contracted delivery firm to meet it’s delivery schedule.

Mpower reserves the right to deliver in more than one consignment, and to invoice each consignment separately.  After delivery, the purchaser has a maximum of seven days to notify any discrepancy or damaged goods, failing which the goods shall be deemed to be acceptable.

6.  Payment

Payment terms are cash with order, unless Mpower agrees to open a credit account with the purchaser. Credit accounts are payable within 30 days beyond the month of invoice. Any payment still outstanding after that will be subject to a charge of 5% over the National base rate per annum calculated on a daily basis from the date of the invoice until payment. Mpower reserves the right to delay further deliveries of goods or services until overdue invoices have been paid. Mpower reserves the right to invoice the full amount for any debt collection costs if payment is out with the trading terms.

7.  Retention of title

All goods supplied by Mpower remain the property of Mpower until the purchaser has paid Mpower all outstanding sums owed to Mpower. Until the purchaser becomes the owner of the goods, the purchaser undertakes to store them so that they remain readily identifiable as Mpower’s goods, and if the goods or any part of them are sold on, the purchaser undertakes to act as a trustee for Mpower and to place the proceeds of sale in a separate bank account opened for the purpose and approved by Mpower. If the purchaser has not received the proceeds of the sale within seven days the purchaser will on demand assign to Mpower all rights against the third party purchaser of the goods.  Not withstanding the terms of this clause, risk will pass to the purchaser on delivery of the goods.

8.  Termination

Mpower shall be entitles to terminate any contract at its discretion if the purchaser is in breach of it’s obligations under this contract, all without prejudice to the right of MPower to enforce the terms of this contract.

9.  Applicable law