Terms & Conditions of Sale and Purchase

 

1 Definitions and Forming the Contract

  • “Company”          Inturn Trading Limited (registered in England and Wales with company number 05042900) (and the terms “we”, “our” and “us” shall be referred to accordingly).
  • “Customer”        The person firm or company who purchases goods from the Company (and the terms “you” and “your” shall be referred to accordingly).
  • “Supplier”           The person, firm or company from whom the Company purchases goods (and the terms “you” and “your” shall be referred to  accordingly).
  • “Data”                  All user-inputted data, for example but not limited to SMS, MMS, photos, videos, emails and music stored or contained in mobile phones, BER handsets, PCBs or memory cards or on any related form of media.

1.1 By accepting these terms and conditions you are entering into a legally binding contract for goods purchased from us and/or supplied to us.

1.2 These conditions shall be to the exclusion of any other terms and conditions and written agreements that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.

1.3 Our purchase order constitutes an offer by the Company to purchase the goods in accordance with these conditions (and subject to clause 3.1) and the offer shall be deemed to be accepted upon your doing any act consistent with fulfilling the order.

1.4 Your order constitutes an offer by the Customer to purchase the goods in accordance with these conditions and shall only be deemed accepted upon our doing any act consistent with fulfilling the order.

2 Sales – applicable to Customers

Payment

2.1 We require payment in full in maximum 5 working days after sending a pro-forma invoice (PI). Acceptable payment methods are telegraphic transfer or BACS into the Company’s bank account. We do not accept letters of credit, cash or cheques.

2.2 It is the Customer’s responsibility to pay all bank fees on any transaction.

2.3 When an order is accepted we will issue a PI to you. If this invoice remains unpaid after 5 working days from the date of issue, we reserve the right to offer the relevant stock for resale without notification and therefore cancel the PI. For the avoidance of doubt, there is no obligation to sell the goods to you if the payment is not made.

Warranty

2.5 Subject to clause 2.7 (delivery), we provide a 14 day warranty (beginning from when the goods leave Company property) that the goods conform to their description and are of satisfactory quality on all new items. Returns and claims will not be accepted outside this time period.

2.6 All items which are not new are supplied without warranty and no claims based on quality will be accepted after such stock has left the company’s property. Items which are not new are sold “as seen”.

Delivery

2.7 Where the Company ships goods outside the UK, the Customer bears the full cost and risk in transporting the goods. The Company will not be held responsible for any loss or damage to stock after it has left Company property and this includes transporting the items to a third party’s warehouse for inspection. We therefore suggest that appropriate insurance is obtained by the Customer regarding loss or damage in transit.

2.8 Where the Company ships goods within the UK, the goods are only covered by the standard insurance offered by our couriers. It is the Customer’s responsibility to arrange additional cover if required by contacting directly the couriers. Their details could be provided on request.

Liability

2.9 We shall under no circumstances whatsoever be liable to you whether in contract, tort, breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this contract. Our total liability to you in respect of all other losses shall in no circumstances exceed the price of the goods supplied.

2.10 Nothing in these conditions limits our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation.

 

3 Purchases – applicable to Suppliers

3.1 Offers

3.1.1 Any offers to purchase goods made to a Supplier are valid for 5 working days excluding the date of issue and can be retracted after this period.

3.1.2 For evaluation stock specifically, a Purchase Order will be issued after acceptance of the offer, and before this, the Supplier still holds the ownership of the material. If the Supplier declines the offer within the 5 working days period, Inturn Trading Ltd reserves the right to charge the cost associated to the processing of the stock.

3.1.3 If there has been no correspondence from the Supplier within the 5 working day period after the offer has been submitted, Inturn Trading Ltd reserves the right to issue a Purchase Order to the Supplier in writing via email.

3.1.4 If the Supplier has not respond in writing within 48 hours from the email sent containing the Purchase Order, Inturn Trading Ltd reserves the right to become the owner of the goods within the offer made. This means an automatic transfer of ownership of the goods from Supplier to Inturn Trading Ltd.

3.1.5 For trial batches, Inturn Trading Ltd will look to provide as much clarity as possible before the stock is on site. This will involve predicting potential processing/service costs versus value with salvaged material. These estimations alongside an explanation of what the expected plan is with the material must be accepted by the Supplier before received at Inturn Trading Ltd’s site. In the absence of information or the inability to predict theses values without physically seeing the stock, Inturn Trading Ltd will accept an inspection process. If the Supplier disagrees with the estimations after this process, Inturn Trading Ltd reserve the right to charge the associated costs and the Supplier is responsible to arrange collection at their cost.

3.1.6 Services

Waste resulting from performing service: Inturn Trading Ltd reserves the right to retain that waste due to complicated transport procedures.

As a result of the service if the product is not in its original format (complete unit) due to the disassembling process, Inturn Trading Ltd reserves the right to not reverse the process. As such if the title has not been transferred and the material had been requested to be returned after payment of the service, the material will be returned as parts only. Waste which are resulting from the process won’t be returned.

Payment

3.2 We will only make payment upon receiving a pro-forma invoice and/or invoice with relevant tax information from you.

3.3 We will only make payments in the form of telegraphic transfer and BACS.

3.4 Unless agreed in writing all bank charges will be split 50/50 between the Supplier and the Company.

3.5 Payment will be made in maximum of 5 days after invoice received.

Delivery

3.6 The Supplier shall ensure that all goods are properly packed and secured so as to reach us in good condition and each delivery shall be accompanied by a delivery note with details of the purchase order and goods.

3.7 The Supplier shall ensure that all goods are delivered within 10 days of our making payment to our premises or such other location as set out in the purchase order during normal business hours. When Inturn Trading Ltd is arranging the transportation from the Supplier, the stock must be ready for collection within 48 hours from payment received.

3.8 Goods shall not be delivered in instalments unless specifically agreed in writing and we reserve our right to reject and return (at the Supplier’s risk and expense) any deliveries made by instalments.

3.9 Title and risk in the goods will pass to us upon delivery.

Quality – the Supplier’s Warranty

3.10 The Supplier shall ensure that the goods correspond with their description and any applicable specification as set out in our purchase order and that they are of satisfactory quality and fit for purpose and, where applicable, are free from defects and comply with all applicable statutory and regulatory requirements.

3.11 If following an inspection of the goods we consider that they do not confirm or are unlikely to comply with your undertakings above, we shall inform you and you shall immediately take such remedial action as is necessary to ensure compliance with clause 3.6.

Remedies

  • 3.12 If goods are not delivered in accordance with clauses 3.5 to 3.9 above then in addition to any other remedies we may have, we may also:
    - terminate this contract
    - reject the goods in whole or in part and return them at your risk/expense
    - require you to replace or repair rejected goods
    - refuse to take any subsequent delivery of goods
    - recover from you any costs incurred in obtaining substitute goods from a third party

Removal of Data – the Supplier’s Warranty

3.13 Unless if there is a specific GDPR agreement, like a data controller/data processor agreement, Inturn Trading Ltd does not take any responsibility as paragraph 3.14.

3.14 The Company will not accept any liability or responsibility for any losses, costs or other expenses whatsoever arising directly or indirectly from data left on BER handsets or PCBs and the Supplier agrees to indemnify the Company against any losses arising directly or indirectly from a breach of the above warranty including (but without limitation) any liability from the Company’s customers or for any breaches of the GDPR legislation or similar legislation as applies from time to time. The provisions of this clause shall also apply to any memory devices like SSD, HDD, memory cards, but not limited to, unless it has been explicitly agreed under a GDPR data controller/data processor agreement

WEEE Directive

3.15 It is the Supplier’s sole responsibility to ensure that its processes are working within the WEEE Directive at all times (http://www.environment-agency.gov.uk) and that its property and processes are licensed and/or have the necessary exemptions.

4 General

4.1 Partnerships and joint ventures Nothing in the contract is intended to create a partnership or joint venture of any kind between the parties, or to authorise either party to act as agent for the other.

4.2 Force Majeure Neither party shall be liable for any delay, defect or deficiency hereunder to the extent that such delay, defect or deficiency is caused by an event of force majeure which affects performance by hindering, delaying or making considerably more difficult the fulfilment of commitments of the party. “Force majeure” shall mean labour disputes or any circumstance beyond the control of the party such as acts of God, disruption of transport, obstruction by ice, accidents, breakdowns of machinery, or delay in delivery by any third party which is caused by force majeure.

4.3 Variation These Terms and Conditions may not be varied unless agreed in writing.

4.4 Jurisdiction These Terms and Conditions and any contract made under them shall be governed and construed in accordance with the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.