1. Prices and Payment.
1.1 Prices. MINIMUM FIRST ORDER IS £500.00 (UNLESS AGREED PRIOR WITH THE SELLER)
1.2 Purchase Orders. Customer must submit written or digital purchase orders for the stock no later than 10 business days prior to the requested delivery date, setting forth quantity, type, and requested delivery date of stock. Purchase orders received fewer than 10 business days prior to the requested delivery date shall be filled at Seller’s discretion and subject to express shipping charges (to be paid by Customer). All orders are processed subject to availability.
1.3 Payment. First order will be invoiced and payment due on despatch. Subsequent orders, the Customer will be invoiced and payment is due within 30 days of invoice date. Seller may withhold fulfilment of Customer’s additional purchase orders until past due payments, including any finance charges, are received in full.
2. Shipping. Customer will be responsible for all stock shipping and handling expenses, including (if applicable), customs clearance, import/export fees, freight risks and insurance, and Customer may be required to act as the importer of record for international shipments. Customer must notify Seller of any claimed shipping error or damage within 5 business days of receipt of stock. Customer’s failure to give such notice within that period shall be deemed a waiver of Customer's claim for incorrect or damaged shipments.
3. Returns. Within 10 business days of Customer’s receipt of stock, Customer may return (i) stock that does not conform to Seller’s product specifications or (ii), stock damaged or shipped incorrectly if notice of condition is given within 5 business days of receiving the merchandise. Returns will be credited to Customer’s account or replaced.
4. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE STOCK. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF CUSTOMER.
5. Miscellaneous.
5.1 Buyer-Seller Relationship. The relationship created by this agreement is solely a buyer-seller relationship. This agreement does not make either party the employee, agent, or legal representative of the other for any purpose whatsoever.
5.2 Governing Law; Dispute Resolution. Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in City where you would want to arbitrate [London] in accordance of the rules of ACAS. Advisory, Conciliation and Arbitration Service, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in City where you would want to receive judgement/damages [London].