These terms apply to all purchases of goods by Blue Sky Trading Ltd from a supplier, unless a separate written agreement signed by a director of Blue Sky Trading Ltd states otherwise. Placing an order with a supplier does not imply acceptance of that supplier's own terms.
A contract is formed only when Blue Sky Trading Ltd issues a written purchase order. Quotations, indications of interest and verbal discussions do not create a binding commitment. Any terms proposed by the supplier that conflict with these terms have no effect unless expressly accepted in writing by Blue Sky Trading Ltd.
Goods must correspond exactly with the specification stated in the purchase order, including model, variant, quantity, cosmetic and functional grade, network status, regional specification, packaging and any agreed accessory content. Any variation, however minor, must be notified and accepted in writing before despatch.
The supplier warrants that it has good title to the goods, that the goods are free from any charge, lien or encumbrance, that they have been lawfully acquired, and that they are not stolen, blocked, blacklisted or subject to any reported loss. The supplier further warrants that the goods do not infringe the intellectual property rights of any third party.
All goods are received subject to inspection. Blue Sky Trading Ltd may inspect, test, IMEI-check and grade goods within a reasonable period following delivery. Goods that do not correspond with the purchase order may be rejected in whole or in part. Rejected goods remain at the supplier's risk and must be collected within fourteen days, failing which storage charges may apply.
Time of delivery is of the essence. Goods must be delivered to the address stated on the purchase order during agreed hours, accompanied by a delivery note and a full manifest. The supplier is responsible for packaging adequate to protect the goods in transit.
Risk in the goods passes to Blue Sky Trading Ltd on completion of delivery and acceptance following inspection. Title passes on the earlier of payment or delivery, without prejudice to any right of rejection.
The price stated on the purchase order is fixed and inclusive of packaging, loading and, where specified, delivery. Payment terms are those stated on the purchase order and run from the later of receipt of a valid invoice or acceptance of the goods following inspection.
The supplier must comply with all applicable law relating to the goods, including product safety and marking requirements, waste electrical and electronic equipment obligations, export controls, sanctions, anti-bribery legislation and the Modern Slavery Act 2015.
Blue Sky Trading Ltd may cancel an order in whole or in part where the supplier fails to deliver on the agreed date, delivers goods that do not correspond with the purchase order, or becomes insolvent. Cancellation does not affect any accrued rights or remedies.
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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