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Supply of Goods/Services
You are referred to our Terms and Conditions of Sale as herein stated. All orders taken by us are subject to these Terms and you should not place any order or any further order, or enter into any supply contract with the Company unless and until you have read and understood our Terms and Conditions which will bind you in any business undertaken with us. You are deemed to accept our Terms and Conditions on taking delivery of the goods ordered. All orders, howsoever placed, including, but not limited to by mail or fax on Company letterhead or notepaper, by e-mail from a Company or organisation, or by Visa, Mastercard or Switch by telephone or other method, will be legally binding on the Company, organisation or individual by whom they have, in the sole view of the Company, been place, and as such will be subject to these Terms & Conditions.
Any person, firm or Company who deals directly or indirectly with the Company or with any of its subsidiary or associated companies or who supplies the Company or with any of its subsidiary or associated companies with any goods or services or types of services, or who has any other type of trading or business relationship with the Company or with any of its subsidiary or associated companies (whether or not such person, firm or company carries on the same or a similar business as the Company or any of its subsidiary or associated companies) hereby agrees and undertakes that it shall not induce or attempt to persuade, directly or indirectly, any employee of the Company or any of its subsidiary or associated companies (hereafter called the Employee) to leave his or her employment and/or to accept employment or engagement with it, both for the duration of any contract made with the Company pursuant to these General Terms & Conditions and for a period of 12 months following completion of such contract, or termination thereof by either party. For avoidance of doubt it is expressly agreed that the use of a recruitment or similar agency shall be regarded as a breach of this provision. If any person, firm or Company is in breach of this provision, it hereby agrees and undertakes to indemnify the Company and/or its subsidiary or associated companies against all claims, liabilities, costs, expenses and damages whatsoever arising wholly or partly, directly or indirectly, out of any such breach. Furthermore in the event that any person firm or company breaches this clause in any way it hereby agrees to pay to the Company a sum equivalent to 25% of the salary package/s of the Employee/s, to include any additional benefits including but not limited to cars, pensions, healthcare, commission, expenses and such other items as may reasonably be considered to make up the salary package of the Employee. This clause shall apply notwithstanding whether or not the Employee takes up employment with the person, firm or company in breach of this clause.
In the event that you do not accept or wish to accept our Terms and Conditions, then all goods must be returned to us unopened as received and unused, with full original packaging and instructions, carriage paid, fully insured, within three working days from the date of receipt of the goods, without prejudice, however, to our rights against you for any resultant breach of contract. Any goods not returned within that period, for whatever reason, are deemed accepted by you in accordance with our Terms and Conditions by which you will be fully bound.
These terms along with, where applicable, the Company’s Maintenance Terms and Conditions, the Company’s Terms and Conditions of Purchase and any Confidentiality Agreements in force constitutes the entire Agreement between the Company and the Customer and supercedes and cancels any prior Agreements or understandings whether written or verbal and any conditions which may appear on any prior or subsequent documentation from the Customer
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