1. Terms and Conditions
Unless otherwise explicitly agreed in writing by Clarity Limited, the following Terms and Conditions shall govern the supply of any goods, services, contracts or agreements provided by Clarity Limited to a Client.
2. Prices
All prices quoted are subject to confirmation at the time of order and are based on the cost to Clarity Limited of supplying the goods to the Client. If there occurs any increase in any way of such costs in respect of goods which have not yet been delivered, the price payable may be subject to amendment at Clarity Limited’s discretion. All prices are exclusive of VAT and any similar taxes.
3. Delivery
3.1 Any time quoted for delivery is to be treated as an estimate only. Delivery may be postponed due to conditions beyond Clarity Limited’s reasonable control, and in no event shall Clarity Limited be liable for any damage or penalty for delay in despatch or delivery.
3.2 Where outside carriers are used, risk shall pass to the Client at the time the Goods are despatched by Clarity Limited. Clarity Limited accepts no liability for loss or damage by the carrier.
3.3 Claims in respect of short deliveries or damaged goods must be notified to Clarity Limited within 3 days of receipt. Telephone notification must be confirmed in writing.
3.4 If goods have not been received, Clarity Limited must be notified within 3 days of receipt of the invoice, such notification to be confirmed in writing.
4. Cancellation
Clarity Limited will only consider any request by the Client for cancellation of any order or for rescheduling of deliveries if at least 48 hours notice has been given before despatch of the Goods, and shall be accepted by Clarity Limited at their sole discretion. Any late term or cancellation fees will be passed onto the Client.
Any invoice that remains unpaid for more than 3 months, is construed by the business as non-payment of services delivered. The business will not continue to deliver services after this period. Where non-payment of services results in a loss of client data, Clarity Limited are not responsible for those losses.
5. Payment Terms
5.1 Unless otherwise specifically negotiated and agreed, invoices will be payable by the Client on receipt.
5.2 We reserve the right to charge interest at the rate of 4% per month above the base rate then ruling of HSBC Bank PLC. on payments which are not received within 30 days of the invoice date. Such interest shall accrue on a daily basis and be payable on demand.
5.3 We reserve the right to withhold further deliveries until the overdue payment is received in full.
6. Title of Goods
Notwithstanding despatch and the passing of risk in the Goods to the Client pursuant to Clause 3.2, title of goods shall not pass to the Client until Clarity Limited has received payment in full of the price of the Goods for which payment is then due.
7. Returns
7.1 Goods being returned are subject to the following:
(i) Prior authority must be obtained from Clarity Limited which will be given at Clarity Limited’s sole discretion.
(ii) Goods must be returned within 7 days of receipt, in their original packaging and in a saleable condition.
(iii) A note of the original delivery note or invoice number must accompany the goods.
7.2 Clarity Limited reserves the right to reject any goods returned which do not comply with the conditions set out in clause 7.1.
7.3 If Clarity Limited nevertheless accepts any goods returned in a non-saleable condition, Clarity Limited reserves the right to charge the cost to the Client of bringing the goods to a saleable condition.
8. Force Majeure
Clarity Limited shall not be liable in any manner whatsoever for any failure or delay in performing its obligations under these Terms and Conditions due to force majeure which expression for the purposes of this document means any cause beyond the reasonable control of Clarity Limited which for the avoidance of doubt and without limitation to the generality of the foregoing shall include governmental actions, war, riots, civil commotion, fire, flood, epidemic, labour disputes, inability or delay in obtaining services or supplies of adequate or suitable materials and Act of God.
9. Limitation of Liability
9.1 In the case of direct damage to the Client’s physical property resulting directly from the negligence of Clarity Limited or its assigned employees acting within the course of their employment and the scope of their authority, Clarity Limited’s liability shall be limited to £100,000 in respect of one event or a series of connected events.
9.2 In the case of death or personal injury caused to the Client or its appointed employees resulting directly from the negligence of Clarity Limited or its assigned employees acting within the course of their employment and the scope of their authority, Clarity Limited’s liability shall be limited to £1,000,000 in respect of one event or a series of connected events.
9.3 Subsequent to clause 9.1 and 9.2 above, Clarity Limited will not accept liability under these Terms and Conditions for any consequential loss or indirect damage whether foreseeable or in the contemplation of the Company, including and without limitation to the foregoing generality loss of business, profits, revenue or goodwill arising from loss of data or in connection with the use of any goods, services, contracts or agreements provided by Clarity Limited to the Client.
9.4 Where any goods are supplied by Clarity Limited which are supplied subject to a manufactures warranty and in the case of those goods becoming defective or developing faults which can or are able to be remedied or be replaced by the client under the terms and limitations of such a warranty or are no longer protected by such a warranty, Clarity Limited will not accept any liability in connection with the provision of that remedy or replacement of those goods. Furthermore, Clarity Limited shall not be liable under any circumstances for any consequential loss of any kind and including any loss of productivity, loss of a client’s data or loss of profit, whether or not such loss has been suffered by the Client or by some third party to whom the Client may be liable.
10. Termination
Should the Client default in any of its obligations and such failure continues for a period of 14 days after written notice thereof or commit any breach of these Terms and Conditions, Clarity Limited reserves the right to terminate any orders, services, contracts or agreements without notice and invoice the Client for any expenses incurred including but not limited to any loss of profit.
