These terms apply to all sales of goods by Blue Sky Trading Ltd to approved trade customers. They do not apply to consumers, because Blue Sky Trading Ltd does not sell to consumers.
Goods are supplied for business purposes only, to customers holding an approved trade account. By placing an order you confirm that you are acting in the course of business and not as a consumer, and that consumer protection legislation applicable to consumer sales does not apply.
A quotation is an invitation to treat and is valid only for the period stated on it, or for twenty-four hours where no period is stated. A contract is formed when Blue Sky Trading Ltd issues a written order confirmation. Prices are subject to change until an order is confirmed, reflecting the volatility of wholesale market pricing.
Goods are supplied to the grade and specification stated in the order confirmation. Grade definitions are issued with each quotation and applied consistently. Cosmetic descriptions are assessments made in good faith by trained staff under normal inspection conditions; minor variation within a stated grade band is inherent in graded stock and does not constitute a defect.
Where goods are described as untested, as-is, for parts or salvage, they are sold without any warranty as to function, and no claim will be accepted in respect of functional condition. Such goods are priced to reflect that basis of sale.
Prices are exclusive of VAT and, unless expressly stated, exclusive of delivery. Payment terms are those agreed on your account. Goods remain the property of Blue Sky Trading Ltd until payment has been received in full and cleared. Overdue accounts may attract interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
Delivery dates are given in good faith and are estimates. Risk passes to the customer on delivery to the customer or to a carrier nominated by the customer, whichever is earlier. Where the customer arranges its own collection or freight, risk passes on loading.
The customer must inspect the goods and notify Blue Sky Trading Ltd in writing of any shortage, damage or discrepancy within three working days of delivery, and of any functional claim on tested goods within seven working days. Notifications must include photographic evidence and, for handsets, the affected IMEI numbers. Claims outside these periods will not be accepted.
No goods may be returned without prior written authorisation and a returns reference. Authorised returns must be complete, in the original packaging and in the condition supplied. Goods that have been opened, modified, repaired or relabelled by the customer are not returnable.
Except as expressly stated, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law. Our total liability in respect of any order is limited to the invoice value of the goods concerned. We are not liable for loss of profit, loss of business, loss of contracts or any indirect or consequential loss. Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud.
Where goods are exported, the customer is responsible for compliance with the import requirements, product standards and regulatory obligations of the destination market. The customer must not export or re-export goods in breach of any applicable sanctions or export control regime.
These terms are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
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