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Braun | Terms and Conditions

Terms and Conditions

(Revised 18 Jun 2020)

1. Interpretation

In these conditions of sale (hereinafter referred to as the “Conditions”):

“Contract” means a contract between Us and You for the supply of Goods and arising pursuant to Your written acceptance of Our quotation or otherwise by written or verbal agreement between Us and You, incorporating these Conditions and any Special Conditions;

“Goods” means products agreed in the Contract to be supplied to You by Us;

“Special Conditions” means all specific conditions relating to the supply of Goods to You contained in or referred to in Our quotation or otherwise set out in a written agreement between Us and You. If there is a conflict between these Conditions and the Special Conditions then the Special Conditions shall prevail;

“We/Us” means Kenwood Limited (Company Registration No. 0872044) having a place of business at New Lane, Havant, Hampshire, PO9 2NH; and

“You/Your” means the person, firm or company who purchases the Goods from Us

2. Orders

2.1 The Contract shall be on these Conditions including any Special Conditions, to the exclusion of all other terms and conditions and no amendment or variation to any provision of the Contract shall be effective unless it is in writing and signed by or on behalf of each of Us and You. For the avoidance of doubt, acceptance by Us of Your order shall not imply acceptance of any terms and conditions accompanying or endorsed upon any such order.

2.2 Any quotation is issued on the basis that no contract will come into existence until You accept Our quotation in writing or We otherwise enter into a written agreement with You.

2.3 The terms contained in any quotation will usually remain fixed if a Contract in respect of it is made within twenty eight (28) days of the date of the quotation, provided that We have not previously withdrawn it.

2.4 We will be under no liability to You until We receive Your written acceptance of Our quotation or We otherwise enter into a written agreement with You.

2.5 Any advice or recommendation given by Us or Our employees, agents or sub-contractors in connection with Goods which is not confirmed in writing is followed or acted upon entirely at Your own risk, and We shall not be liable for any advice or recommendation which is not so confirmed

3. Prices & Payment

3.1 Prices invoiced to You will be those current at the date of despatch. Errors and omissions in respect of any price are subject to correction by Us within a reasonable time.

3.2 All prices are exclusive of value added tax, insurance and the costs of loading, unloading and installation all of which amounts You will pay in addition when You are due to pay for the Goods.

3.3 We may invoice You for Goods or any instalment of the Goods at any time after Goods or any instalment of the Goods are delivered and payment for Goods shall be made in the currency in which you are invoiced by Us within thirty (30) days of Our invoice.

3.4 Time for payment shall be of the essence and failure by You to pay in accordance with this Condition shall entitle Us, without prejudice to Our rights to damages, to suspend any deliveries of Goods or to cancel the Contract and any other current contracts that We may have with You.

3.5 In addition to Our rights under Condition 3.4, You shall be liable to pay interest (compounded monthly) on any amounts outstanding (both before and after judgement) at the rate of three per cent (3%) above the base rate of Barclays Bank Plc for the time being in force, accruing on a daily basis until payment is made.

4. 交付

4.1 交付时间不是合同的实质内容，所提供的交付日期仅为估算。如果延迟是由于超出我们合理控制的事件（“不可抗力事件”）造成的，我们保留在合理期限内延长交付时间的权利。

4.2 如果您需要提前告知大概的交付时间，必须在您的订单上以书面形式注明。

4.3 交付地点应为您通常的营业地点。

4.4 如因任何原因，您在准备交付时未能接收，或者因为您未提供适当的交付指示或其他信息，我们无法按时交付，则：

(a) 该等商品的风险将转移给您；

(b) 商品将被视为已交付；

(c) 我们可以将商品储存至实际交付，在此情况下，您将承担所有相关成本和费用（包括但不限于储存和保险费用）；以及

(d) 商品的全部价格以及根据第 3.2 条应适用的任何金额应立即由您支付。

4.5 我方对未交付的责任仅限于在合理时间内重新交付，或针对为此类商品开具的任何发票出具贷记通知单。

4.6 受本协议条款的其他规定约束，我方不对因商品延迟交付而直接或间接造成的任何损失（包括利润损失）、成本、损害、收费或费用负责，任何延迟交付亦不赋予您终止或解除本合同的权利，除非该等延迟超过一百八十 (180) 日。

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