Terms and Conditions of Sale
These terms and conditions shall apply to all goods and services supplied by Orb International KMS Limited trading as Orb Group, and no variation(s) of these terms and conditions shall apply unless otherwise agreed by an authorised representative of Orb International KMS Limited in writing.
“Orb” means Orb International KMS Ltd (trading as Orb Group) whose registered office is at Unit 6 Claremont Centre, 39 Durham Street, Glasgow, Lanarkshire, Scotland, G41 1BS, UK. “Client” means the person, body, firm, company, or any legal entity whom Orb supplies goods or services to.
2 Purchase Order
The purchase order supplied to Orb should be on the Clients official headed paper or official purchase order stationery and should state delivery address, invoice address, description of goods, quantity, unit price, total order value, and all other specific Client requirements pertaining to the order. The purchase order should be signed by an authorised signatory of the company. In the event of no purchase order being supplied to Orb, i.e. via Orb Direct then the Client undertakes to sign and return a copy of Orb’s order confirmation and be bound by Orb’s terms and conditions of sale, which will prevail over the Clients purchase terms and conditions. Oral commitments made, or any agreements struck with employees, directors or representatives of the Client will only bind Orb if the Client confirms such commitments or agreements in writing.
3 Title of Goods
Legal and beneficial ownership of the goods shall not transfer to the Client until the goods and associated services have been paid for in full. Risk of loss or damage will pass to the client upon delivery to the client at the delivery address detailed in the clients purchase order. In the event of any insolvency proceeding being taken against the Client, Orb will retain full rights to repossess the goods it has delivered, in the event that full payment has not been made.
4 Terms of Payment
All clients are required to pay to Orb a deposit of (minimum) 20% of the order value, when ordering from Orb. The balance payment for the goods should be paid within 30 days of the date of delivery of the goods except in the case of ecommerce orders which shall be paid in full at the checkout when placing the order. These payment terms can be varied, if agreed by Orb in writing.
5 Currency of Payment
Payment for goods and services are to be made strictly in the currency stated on Orb’s invoice.
6 Late Payment
Orb reserves the right to levy interest at 4% above the Base rate of Allied Irish Bank PLC per annum on balances due to Orb, which are overdue for payment.
7 Limitation of Liability
Orb shall not be held liable to the Client if it is prevented from performing its obligations by reason of Act of God, War, Strike, Industrial action, Civil commotion, fire, flood, explosion, legislation, Force Majeure or any other cause whatsoever beyond its control.
8 Termination of Contract
Orb reserves the right to terminate, at any time, any contract, in whole or in part, with the Client by way of written notice in any circumstances in which it sees fit. If the contract is terminated for Orb’s convenience and the Client is in full compliance with the contract, any claim by the Client will be settled on the basis of the reasonable costs it has incurred in the performance of its obligations under the contract prior to such termination.
Orb will take all reasonable precautions to ensure that goods supplied are of high quality, merchantable, fit for the particular purpose for which they were intended, free from defects in material and workmanship, of the quantity, size and dimensions ordered, whilst conforming to the client’s drawings, designs, and approved sample specifications, as closely as possible.
Samples of the goods supplied will be tested by independent testing houses as required and paid for by the client or at Orb’s discretion, prior to delivery.
11 Order Quantities
All orders placed with Orb are subject to over-runs and under-runs of up to 5% above or below the quantity ordered.
Orb expressly agrees not to divulge any information acquired via this contract to any third party and will only use such information for the sole purpose of performing its duties in supplying the agreed goods and services. Orb will seek specific written agreement for the use of any Client information for publicity purposes, and this will not unreasonably be withheld.
13 Terms of Shipment
All terms of shipment and delivery, in addition to the respective performance responsibilities of Orb and the Client, detailed by way of incoterms within any contract entered into by Orb will be governed and interpreted by the International Chamber of Commerce (ICC) Publication 560.
These terms and conditions, any variations thereto agreed by Orb, and all disputes arising from the formation, interpretation, performance or termination of any contract between the Client and Orb or these terms and conditions, shall be governed and construed in accordance with English Law, and shall be subject to the non-exclusive jurisdiction of the Scottish Courts.
6.Alternative Ways to Pay
Online Payment of orders can be made via the secure Sagepay server with most debit or credit cards being accepted including; Maestro, Solo, Visa Delta, Visa Electron, Visa Debit, Mastercard & American Express.
Orb use 3D secure, address verification services, screening of territories and countries, card verification code, Mastercard secure code and the 3rd man facilities to detect fraudulent activity. As standard Orb Direct use SSL certificates in order to ensure a secure checkout process. Telephone Payments to orb direct can also be taken over the phone. Please call a member of our customer service team who will be happy to process the payment for you.
Other terms If the above terms are not suitable please call a member of the customer service team who may be able to arrange alternative payment options. Please note this will be dependent on various factors including order value.