Terms and Conditions

These standard terms will be deemed incorporated into any contract for the sale and purchase of goods sold by QUESTED unless and to the extent that they may be varied by an authorized employee of QUESTED.

1. In these Conditions “Conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) includes the particulars of any sale as set out in a delivery note issued by QUESTED to the Customer and any special terms and conditions otherwise agreed in writing by an authorized employee of QUESTED . “Customer” means the person who accepts a quotation made by QUESTED for the sale of Goods or whose order for Goods is accepted by QUESTED . ” QUESTED ”means Quested Monitoring Systems Limited (company registration number 1911844 registered in England ) whose Trading office is at 30 to 32 Finnimore Trading Estate, Ottery St Mary, Devon, EX11 1NR, UK . “Contract” means the contract for the sale and purchase of Goods. “Writing” includes telex, cable, facsimile transmission or other comparable media acceptable in a Court of Law in England .
2. Any reference in these Conditions to any provision of any statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
3. The headings in these Conditions are for convenience only and shall not affect their meaning or interpretation.
4. Any reference in these Conditions to an authorized employee of QUESTED shall mean any director of QUESTED .
5. If a Customer comprises more than one person the liability of such persons shall be joint and several.
6. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance or offer invoice delivery note or other document issued by QUESTED shall be subject to correction without any liability on the part of QUESTED.
    

1. All Contracts entered into by QUESTED shall be deemed to incorporate these Conditions to the exclusion of any other terms and conditions whether appearing in any document or other communication used by the Customer in concluding any contract with QUESTED or otherwise.
2. All Contracts are personal to the Customer specified on QUESTED's delivery note and may not be assigned provided that QUESTED shall in its discretion be entitled to assign or otherwise deal with the whole or any part of the liabilities of the Customer to QUESTED as QUESTED shall deem fit.
3. If the identity of the Customer shall be wrongly specified or misrepresented to QUESTED on any order accepted by QUESTED the individual specifying the Customer shall be liable personally to QUESTED as if the Customer.
4. No variation to these Conditions shall be binding on QUESTED unless agreed in writing by an authorized employee of QUESTED .
5. QUESTED's employees or agents are not authorized to make any representations concerning Goods unless confirmed by an authorized employee of QUESTED in writing. In entering into the Contract the Customer acknowledges that it does not rely upon and waives any claim for breach of any such representations which are not so confirmed.
6. Any advice or recommendation given by QUESTED or its employees or agents to the Customer or its employees or agents as to the storage application or use of Goods which is not confirmed in writing by an authorized employee of QUESTED is followed or acted upon at the Customers entire risk and expense and QUESTED shall not be liable for any such advice or recommendation not so confirmed.
    

1. Prices quoted are, unless otherwise stated, ex-works exclusive of VAT carriage freight and insurance.
2. VAT will be charged at the rate appropriate at the date of the invoice.
3. Where a price is quoted in a currency other than £ sterling the invoice price unless otherwise agreed by an authorized employee of QUESTED in writing will be calculated in £ sterling by reference to the mid-market rate offered by QUESTED's bankers at the date of invoice.
4. Unless otherwise agreed by an authorized employee of QUESTED in writing prices for Goods shall be as published by QUESTED from time to time subject to alteration upon QUESTED notifying the Customer at any time before invoice where upon the Customer shall be entitled to cancel the Contract without liability in writing to QUESTED within three days of receipt of such notice.
5. Where carriage freight or insurance is arranged by QUESTED it will be at the cost of the Customer. Any such insurance shall exclude losses owing to terrorism.
    

1. Payment for Goods shall be made by the Customer upon receipt of invoice or otherwise in accordance with the terms stipulated on invoice or agreed with an authorized employee of QUESTED.
2. The Customer shall not be entitled to withhold payment in whole or in part in respect of any claim it may have against QUESTED under or arising from any other Contract.
3. Interest at the rate of 2 per cent per month compounded monthly shall be payable by any Customer on sums not paid to QUESTED when due from the due date until receipt of payment inclusive of such interest in full by QUESTED.
4. Time shall be of the essence of payment.
5. Should payment of any sums due to QUESTED not be paid when due QUESTED may in its discretion without prejudice to any other right or remedy available to it suspend or cancel any further deliveries to the Customer whether under the particular Contract or otherwise and in the case of suspension until payment of all outstanding amounts has been received by QUESTED.
6. If the Customer fails for any reason to pay any sum owing to QUESTED when due QUESTED (without prejudice to any other remedy available to QUESTED ) may at any time thereafter without notice cancel the Contract in writing and shall thereafter resell the Goods at such price as QUESTED shall consider reasonable. The Customer shall indemnify and keep indemnified QUESTED against the difference between the invoice price to the Customer and the resale price together with all costs (including without limitation any professional costs) expenses and storage charges incurred pending or upon such resale. Method of payment shall be at the discretion of QUESTED.
    

1. Unless otherwise agreed in writing by an authorized employee of QUESTED delivery of Goods shall be ex QUESTED's principal premises or at QUESTED's discretion from manufacturers or other premises in the United Kingdom.
2. If QUESTED agrees to arrange delivery pursuant to any Contract delivery shall be at the risk and expense of the Customer and if made by a third party carrier shall be subject to the third party's standard terms and conditions whether or not the Customer shall have prior notice of the same.
3. No liability shall attach to QUESTED for failure to deliver at any stated time or on any stated date nor shall QUESTED have any liability for any delivery made to the stated address when unattended or attended by a person or persons other than the Customer.
4. Where delivery is to be arranged by QUESTED the right is reserved to deliver Goods in more than one consignment and without prior notice.
5. QUESTED shall not be obliged to comply with any of the Customers packing instructions or requests. The specification for packing shall be in QUESTED's entire discretion in such materials and in such quantities as QUESTED shall think fit.
    

1. Not with standing delivery or the passing of risk or any other provisions of these Conditions or other provisions which may be implied in these Conditions the property in Goods shall not pass to the Customer until QUESTED has received payment in full of all sums which may then be due or owing by the Customer to QUESTED whether under the particular Contract relating to Goods or any other Contract. For the purposes of this clause 8 payment is made to QUESTED in the case of cash when released to QUESTED's control to the exclusion of the Customer and in the case of payment by any other method when money is irrevocably credited to QUESTED's bank account and all claims in respect of such money by or through the Customer are excluded.
2. Until the property in Goods passes to the Customer the Customer shall hold Goods as QUESTED's fiduciary agent and QUESTED and shall keep Goods separate from those of the Customer or any other person properly stored identified as belonging to QUESTED protected and insured. Until property so passes the Customer shall be entitled to sell or reuse Goods in the ordinary course of its business but shall hold the proceeds (tangible and intangible) of any resale reuse or of any insurance claim upon trust for QUESTED and shall account to QUESTED for the same and shall keep all such proceeds separate from its own monies or property and in the case of tangible proceeds stored protected and insured.
3. Until the property in Goods passes to the Customer (and provided Goods are still in existence and have not been resold) QUESTED shall be entitled to require the Customer to deliver up Goods to QUESTED upon demand and if the Customer fails to do so QUESTED is authorized by the Customer to enter onto any premises of the Customer or any third party where Goods are stored and repossess Goods.
4. The Customer shall not be entitled to pledge or in any way charge by way of security or otherwise Goods which remain the property of QUESTED but if the Customer purports to do so Goods shall be returned immediately to QUESTED.
5. The customer’s right to possession of Goods which remain the property of QUESTED shall forthwith terminate if the Customer being an individual commits an available act of bankruptcy or being a company does anything or fails to do anything which would entitle a receiver liquidator or administrative receiver to take possession of any assets of the Customer or which would entitle any person to petition to wind up the Customer.
6. If the Customer has not received the proceeds of any sale of Goods admixed with others the property in which has not passed to the Customer within seven days the Customer will if called upon by QUESTED so to do assign to QUESTED all rights against the person or persons to whom the Customer has supplied Goods and shall indemnify and keep indemnified QUESTED against all costs and expenses incurred by QUESTED in enforcing such rights in such manner as QUESTED shall deem fit.