these Terms and Conditions the following words
shall have attributed to them the meanings specified
'Goods' shall mean all goods and services which
the Customer agrees to buy from Quotronics Limited
including replacements for defective Goods,
hardware documentation and software products
licensed for use by the Customer.
'Quotronics' shall mean Quotronics Limited,
whose principal place of business and registered
office is at 35 Lee Street, Horley, Surrey RH6
'Contract' shall mean the Contract between Quotronics
and the Customer for the sale of Goods by Quotronics
to the Customer.
'Customer or Consumer’ shall mean the
person, company or any other body that purchases
or agrees to purchase Goods as a Consumer Trade
'Working Days' shall mean Monday to Friday inclusive
but exclusive of Bank Holidays.
'Customer's Registered Address' shall mean the
address of the Customer that is already registered
with Quotronics or the address registered with
the issuing company of any debit or credit card
which is used as a means of payment for Goods.
All orders for Goods are accepted by Quotronics
subject to these terms and conditions of sale
which supersede any other terms and conditions
previously published. These constitute the entire
understanding between Quotronics and the Customer
for the sale of Goods.
All descriptions and illustrations shown on
the official Batak web site at http://www.batak.com
or any price list or otherwise communicated
to the Customer are intended as guidance only
and illustrations and descriptions may vary.
Quotronics will use its best endeavours to ensure
that all descriptions and advice offered are
correct, but it is the customers own responsibility
to ensure that the requirements and expectations
and use of the product in the way intended by
the Customer are clear and correctly stated
as this is relevant to the information then
offered by Quotronics on Quotronics’ products.
All prices for the Goods are in pounds Sterling
and subject to Value Added Tax (VAT) at the
relevant rate ruling on the date of despatch
and do not include the cost of carriage, packaging
or other charges which becomes payable under
any contract with Quotronics.
Whilst every endeavour will be made to maintain
the prices in the catalogue Quotronics reserves
the right to alter prices at any time.
Any change in price will be communicated to
the customer at the time of ordering.
All orders by post should be addressed directly
Written confirmation is not required for a telephone
order, but if the Customer sends written confirmation
such confirmation must be marked 'Confirmation
Only' so as to avoid liability for a duplicated
delivery. Any resulting duplication of delivery
shall be the responsibility of the Customer.
Orders submitted by fax be addressed directly
Quotronics reserves the right to deliver part
orders, or hold orders until all items are available,
Quotronics reserves the right to decline to
trade with any person or organisation. In addition,
and notwithstanding any other provisions of
these conditions of sale, Quotronics may decline
to accept any order, whether or not payment
has been received, by giving notice of non-acceptance
to the Customer by email, facsimile or telephone
within 24 hours (excluding weekends and public
holidays) of receipt by Quotronics of an order.
In the event that Quotronics declines to accept
an order in respect of which payment has been
received, the full amount of such payment will
Quotronics do not permit credit account orders
for any Goods.
and Packing Charge
is at cost to the Customer within the UK mainland.
For orders under £25 inclusive of VAT
a small order charge will be levied. The current
charge can be ascertained by contacting Quotronics.
Payment shall be made by the Customer for all
monies owed to Quotronics in respect of orders
placed for Goods.
Payment shall be made at the time that the order
is placed for all national and international orders, unless otherwise stipulated by Quotronics.
Payment may be made by, and is acceptable by,
cash, cheque or Bank Wire Transfer. Cheques
should be made payable to ‘Quotronics
The risk of damage to or loss of Goods ordered
from Quotronics will pass to the Customer when
the goods are delivered.
Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply
to any Consumer.
Until property in the Goods passes to the Customer,
the Customer shall hold the Goods and each of
them on a fiduciary basis as bailee for Quotronics.
The Customer shall store the Goods (at no cost
to Quotronics) separately from all other Goods
in its possession and marked in such a way that
they are clearly identified as Quotronics property.
Notwithstanding that the Goods (or any part
of them) remain the property of Quotronics the
Customer may sell or use the Goods in the ordinary
course of the Customer¹s business at full
market value for the account of Quotronics.
Any such sale or dealing shall be a sale or
use of Quotronics property by the Customer on
the Customer¹s own behalf and the Customer
shall deal as principal when making such sales
or dealings. Until property of the Goods passes
from Quotronics the entire proceeds of sale
or otherwise of the Goods shall be held in trust
for Quotronics and shall not be mixed with other
money or paid into any overdrawn bank account
and shall be at all material times identified
as Quotronics money. Quotronics shall be entitled
to recover the price of the Goods (including
VAT and all other monies due to Quotronics from
the Customer) notwithstanding that property
in any of the Goods has not passed from Quotronics.
Until such time as the property in the Goods
passes from Quotronics, the Customer shall upon
request deliver up such of the Goods as have
not ceased to be in existence or resold to Quotronics.
If the Customer fails to return Goods, Quotronics
may apply to enter any premises owned occupied
or controlled by the Customer where the Goods
are situated and repossess the Goods. On the
making of such request to deliver up the rights
of the Customer contained in the preceding Condition
The Customer shall not pledge or in any way
charge by way of security for any indebtedness
any of the Goods that are the property of Quotronics.
Without prejudice to the other rights of Quotronics,
if the Customer does so all sums whatever owing
by the Customer shall forthwith become due and
The Customer shall insure and keep insured the
Goods to the full value against 'all risks'
to the reasonable satisfaction of Quotronics
until the date that property in the Goods passes
from Quotronics and shall, whenever requested
by Quotronics, produce a copy of the policy
of insurance and evidence of payment of premium.
Without prejudice to the other rights of Quotronics,
if the Customer fails to pay any sums whatever
owing by the Customer on the due date, all sums
due to Quotronics shall forthwith become due
Delivery will normally only be made to the Customer's
registered address unless notified to Quotronics
in writing beforehand.
Carriage will be charged on orders involving
Export at the appropriate rate prevailing at
the date of despatch.
The Customer is responsible at their own expense
to obtain any import or export license or any
other documentation deemed necessary by any
Delays and Non-Delivery
The Customer must inspect the Goods as soon
as reasonably practicable after delivery and
shall within 14 days of such delivery or receipt
give notice to the Customer Service Department
of Quotronics of any damage or defect in the
Queries regarding shortages of Goods must be
made within 14 days of delivery date and must
be accompanied by the despatch note. Queries
regarding Goods invoiced but not delivered must
be made to the Customer Service Department of
Quotronics within 14 days of invoice date and
the invoice number must be quoted.
If the Customer fails to give such notice, the
Goods shall be conclusively presumed to be in
all respects in accordance with the Contract
and free from any damage or defect which would
be apparent on reasonable examination, and the
Customer shall be deemed to have accepted the
SHOULD THE CUSTOMER DECIDE TO ACCEPT A DELIVERY
TO THEM IN A DAMAGED CONDITION THEY MUST ENDORSE
THE CARRIERS DELIVERY DOCUMENTATION.
Quotronics shall not be liable to compensate
the Customer by way of damages or otherwise
for non-delivery or late delivery of the Goods
or any of them or for any loss consequential
or otherwise arising from non-delivery or late
Conditions 14.1 to 14.5 inclusive do not affect
the statutory rights of a consumer.
of the specialized nature of Quotronics Products
within the Batak Range (which are generally
made to special order) cancellation is only
accepted if work has not commenced.
the Warranty at: http://www.batak.com/warranty.htm
Whilst every endeavour is made to ensure accuracy,
all specifications, illustrations or other details
or advertising material or otherwise communicated
to the Customer are intended merely to present
general information of the Goods. Descriptions
and illustrations may vary.
If the description of any Goods which are not
directly manufactured by Quotronics contained
in any correspondence, or invoice varies from
that of the manufacturer’s description,
then the manufacturer’s description will
be deemed to be the correct description and
shall take precedence over the description assigned
by Quotronics. The updated and complete manufacturer’s
description is available from Quotronics on
request before any order is placed.
In the event of any material change to any description
of goods shown on http://www.batak.com
Quotronics will advise the Customer of the revised
description prior to any order being accepted
Quotronics reserves the right without prior
notice to discontinue any Goods or to make design
changes as part of a continuous programme of
improvement or to assist availability.
responsibility for ensuring that Goods are sufficient
and suitable for the Customer¹s requirements
rests with the Customer save insofar as Quotronics
have specifically advised the Customer that
the Goods are sufficient and suitable for the
The Customer will be responsible for ensuring
the fitness for purpose of the Goods for the
Customer’s application unless the purpose
is previously notified to Quotronics.
To the extent permitted by law, Quotronics accepts
no liability whatsoever or howsoever arising
in respect of loss, damage or expense arising
from errors in information or advice provided
whether or not due to Quotronics¹s negligence
or that of its employees, agents or sub-contractors
save for any loss or damage arising from death
or personal injury.
To the extent permitted by law, Quotronics shall
not be liable to the Customer by reason of any
representation (unless fraudulent), or any implied
warranty, condition or other term, or any duty
at common law, or under the express terms of
any Contract with the Customer, for any indirect,
special or consequential loss or damage (whether
for loss of profit or otherwise), costs, expenses
or other claims for compensation whatsoever
(whether caused by the negligence of Quotronics,
its employees or agents or otherwise) which
arise out of or in connection with the supply
of the Goods or their use or resale by the Customer.
The entire liability of Quotronics under or
in connection with the Contract with the Customer
shall not exceed the price of the Goods except
as expressly provided in these terms and conditions.
shall not be liable to the Customer or deemed
to be in breach of Contract by reason of any
delay in performing, or any failure to perform,
any obligations of Quotronics in relation to
the Goods, provided that the delay or failure
was due to any cause beyond reasonable control
of Quotronics. Without prejudice to the generality
of the foregoing, the following shall be regarded
as causes beyond reasonable control of Quotronics:
Act of God, explosion, flood, tempest, fire
or accident; war or threat of war, sabotage,
insurrection, civil disturbance or requisition;
acts, restrictions, regulations bye-laws, prohibitions
or measures of any kind on the part of any governmental,
parliamentary or local authority; import or
export regulations or embargoes; strikes, lock-outs
or other industrial actions or trade disputes
(whether involving employees of Quotronics or
of a third party); difficulties in obtaining
raw materials, labour, fuel, parts or machinery;
power failure or breakdown in machinery.
contracts between Quotronics and the Customer
shall be governed by and interpreted in accordance
with English Law and both Quotronics and the
Customer submits to the exclusive jurisdiction
of any competent Court in England.
If the Customer fails to make payment for the
Goods in accordance with these Terms and Conditions
or permits any other breach of any contract
for sale or if any distress or execution shall
be levied upon any of the Customers goods or
if the Customer offers to make any arrangement
with its creditors or if any petition in bankruptcy
is presented against the Customer or the Customer
is unable to pay its debts as they fall due
or if any petition in bankruptcy is presented
against the Customer or if being a limited company
any resolution or petition to wind up the Customer
(other than for the purpose of amalgamation
or reconstruction without insolvency) shall
be passed or presented or if a Receiver, Administrative
Receiver or Manager shall be appointed over
the whole or any part of the Customer's business
or assets or if any petition for the appointment
of any administrator is presented against the
Customer or if the Customer shall suffer any
actions or proceedings under foreign law all
sums outstanding in respect of the Goods shall
become payable immediately.
Quotronics may in its absolute discretion and
without prejudice to any other rights which
it may have suspend all future deliveries of
Goods to the Customer and/or terminate any contract
without liability upon its part; and/or exercise
any of its rights pursuant to this Terms and
headings in these Terms and Conditions are for
ease of reference only and shall not affect
the construction of any contract between Quotronics
and a Customer.
provision of any contract with Quotronics which
is or may be void or unenforceable shall to
the extent of such invalidity or unenforceability
be deemed severable and shall not affect any
other provision of any Contract.
waiver or forbearance by Quotronics (whether
expressed or implied) in enforcing any of its
rights under any contract shall prejudice its
right to do so in the future.