Terms and Conditions
1. GeneralAll goods and services provided by Futura Electronics Ltd are subject to these terms and conditions.
These terms and conditions take precedence over Buyer’s terms and conditions including any supplemental or conflicting terms and conditions to which notice of objection is hereby given.
Delivery by the seller shall not be deemed or constituted as acceptance of the buyer’s supplemental or conflicting terms and conditions. Buyer’s acceptance of delivery of the Products and/or Services from Futura Electronics Ltd shall be deemed to constitute acceptance of these Conditions
2. Orders
Any orders placed with Futura Electronics Ltd are subject to these terms and conditions.
(1) Acknowledgements
Orders will be acknowledged as soon as possible. The acknowledgement will contain part number, description of items, prices, and approximate shipping dates. The order acknowledgement must be read carefully by the buyer.
Futura Electronics Ltd must be informed of any discrepancy within a maximum of 1 working day from the date of order acknowledgement by email.
Any changes to the original order acknowledgement must be agreed upon with Futura Electronics Ltd and confirmation of this change will be sent in writing.
Minimum Order Quantity (MOQ) applies only where the manufacturer enforces a MOQ.
(2) Pricing
Prices are usually in Euro, US Dollars, or Sterling.
Prices quoted are ex-works Dublin and exclude VAT.
Pricing for any undelivered product may increase in the event of a change in market conditions, increase in raw material costs, force majeure, or any other conditions caused outside of our control. This may lead to renegotiating pricing on orders prior to delivery, this will be communicated in writing with the customer.
In the event of a pricing error, we will notify you of the correct price and you may choose to accept the correction or cancel the order.
(3) Delivery
Delivery costs are incurred by the customer unless agreed otherwise.
Delivery cost depends on the weight, dimensions, and destination. Futura Electronics Ltd are not responsible for any duties, taxes, or customs charges.
Delivery times quoted are approximate and non-binding, failure to observe them does not entitle the customer to withdraw from the contract or to claim damages.
In the event of delays in delivering parts due to supplier lead-times, material shortages, force majeure, or any other delays outside of the control of Futura Electronics Ltd the delivery period is
extended by the duration of their effects, Futura Electronics Ltd will not be liable for these delays, such orders cannot be cancelled or rescheduled.
Claims for shortages of product, wrong prices, shipping charges or for shipment of wrong product must be presented in writing within 5 days of the date of invoice, respectively latest 3 days after receipt of the goods. Claims received by Futura Electronics Ltd later than stated above cannot be accepted.
(4) Reschedules & Cancellations
All Orders are NCNR but without prejudice or setting any precedent Futura Electronics Ltd may take a decision where it is commercially viable to cancel an order
Orders cannot be rescheduled without written agreement from Futura Electronics Ltd. Customer specific parts are non-cancellable and non-returnable. An order of such products constitutes a firm order.
(5) Call Off Orders
Unless otherwise agreed a call off order or blanket order may not exceed a term of 12 months.
(6) Customer contracts
For certain items or depending on value, a customer may be asked to enter into a contract. This will be discussed and agreed upon
3. Damage
All items are carefully boxed prior to shipment. If damage should occur, contact Futura Electronics Ltd on receipt of the shipment.
4. Credit policy
Futura’s Credit Facility is based on active trading accounts, trust and good communication. Futura strives for precision in products and services provided we appreciate the smooth operation of accounts supports customer activity and ensures ongoing success.
Until a trading pattern is established with a new Customer payment in advance is required for all orders. In advance of opening a Credit Line a Customer must complete a Credit Application and agree to Futura’s Terms and Conditions, Credit Safe and Trade References will be consulted and a decision will be made taking past payment and order performance into consideration. Futura’s Credit Controllers will notify a Customer when an application has been approved and the account is operational.
Where Credit is extended payment is expected on or before the due date. If partial payment is received an email will be sent by Futura’s Credit Controllers attaching a statement or possible missing invoices and the Accounts Payable Team will be given time to review. Should payment be unforthcoming the Customer will be contacted by Futura’s Credit Controllers and/or Account Manager, shipments will be paused pending payment confirmation and the Payment Request will be escalated.Futura Electronics Ltd reserve the right to charge an interest rate of 1% per month (12% annual rate) after 30 days.
Credit Facility can be revised depending on Customer demands, operation of the account, payment performance and Credit Safe reports. Futura’s objective is to develop and maintain a good business relationship with customers with minimal risk to the future of its operation.
We will not accept buyer’s local or overseas bank charges as we absorb our own local charges.
5. Reservation of title
A. Customers arranging their own collections.
Risk in the products shall pass to the Purchaser where the Purchaser has arranged their own method of delivery. The risk shall pass to the Purchaser when the goods or relevant part thereof leave the premises of Futura Electronics Ltd or it’s supplier (in the case of a direct shipment).
However, the ownership of the goods remains with Futura Electronics Ltd until you have paid in full all sums owing to Futura Electronics Ltd whether under this contract or any other contract.
B. Futura Electronics Ltd arranging delivery of parts.
Risk in the products shall pass to the Purchaser upon delivery of the goods. However, the ownership of the goods remains with Futura Electronics Ltd until you have paid in full all sums owing to Futura Electronics Ltd whether under this contract or any other contract.
C. Title in the goods shall pass to the Purchaser when payment in full has been made under the Contract and the Purchaser shall permit the servants or agents of Futura Electronics Ltd to enter onto the Purchaser’s premises and to reposes the goods at any time prior thereto or in the event that the goods are at the premises of a third party by the direction of the Purchaser then the Purchaser shall if so required by Futura Electronics Ltd in writing remove the goods from such premises and return them to Futura Electronics Ltd forthwith.
D. The Purchaser shall only be at liberty to resell the goods purchased from Futura Electronics Ltd prior to the passing of Title on the understanding that if it does resell the goods then it will hold on trust for Futura Electronics Ltd so much of the proceeds of sale received by it under Contracts which include any of the goods hereby sold as are necessary to discharge payment in full to Futura Electronics Ltd.
6. Warranty
Futura Electronics Ltd guarantees the quality of its products and will replace or repair defective products in case such a defect can be proved by the customer.
A. Futura Electronics Ltd has no obligation in case of wrong application of the product after its dispatch.
B. The guarantee is limited to defective material.
C. Futura Electronics Ltd does not accept any further claims such as direct or indirect damage, loss or injury or other expenses by the Customer.
7. Limitation of Liability
Futura Electronics Ltd will not be liable for any damage resulting from a failure to meet a delivery date.
Should a product be deemed to be defective Futura Electronics Ltd
shall not be liable for any indirect, special, incidental, or consequential damages, including expenses, liabilities, loss of profits, loss of revenue, costs (including legal), claims, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers, injury to person or persons or loss of life even if Futura Electronics Ltd has been advised of the possibility of such damages.
Our obligation in relation to non-conforming product or services is to repair or replace defective products only.
It is the buyer’s responsibility to ensure proper use and application of the product.
8. Returns
Futura Electronics Ltd will only accept returns upon prior written consent.
RMA (Return Material Authorization) will be issued and only then shall the buyer return product and only such product that Futura Electronics Ltd has agreed to take back.
Returns relating to a manufacturer’s warranty are subject to the terms and conditions of the applicable manufacturer warranty and returns policy.
Returned products must be in original packaging and conform to the pack quantity requirements.
Upon receipt of returned product, Futura Electronics Ltd will carefully check these items, confirm quantity received and only credit such product that is suitable for resale, a credit note will be issued for such product.
9. Law
This agreement is governed by the laws of Ireland.
10. Force Majeure
Futura Electronics Ltd will not be liable for our inability to supply or part supply due to reasons of acts of God, natural disasters, riot, war, strikes, delays by carriers or shortage of necessary components
11. Technical Advice
Futura Electronics Ltd will not be held responsible for any content, advice or accuracy of information provided. Specifications originate from the manufacturer. We try to ensure that all information provided is current and accurate.
12. Changes to terms and conditions
Futura Electronics Ltd reserves the right to change these terms and conditions without notice. It is the responsibility of the buyer to review these conditions prior to purchasing. Purchasing of our products or services is an agreement to these terms and conditions and any changes made to the conditions. Futura Electronics Ltd
