2 - Governing Law
All transactions to which the Conditions apply shall be governed by English Law and Parallel Motion and the Buyer hereby submit to the exclusive jurisdiction of the English Courts.
3 - Notices
3.1 - Any notice by Parallel Motion to a Buyer may be delivered by hand or sent by first class mail or airmail and shall be deemed to have been duly received:
(a) If hand delivered, at the time delivery;
(b) If sent by first class mail, two days after the date of posting if posted to an address within the country of posting and seven days after the date of posting if posted to an address within a country outside the country of posting.
3.2 - In proving service:
(a) By hand, it shall be necessary only to produce a receipt for the notice signed on behalf of the addressee;
(b) By post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class.
3.3 - Parallel Motion do not accept service of any notice by facsimile or electronic mail.
4 - Payment
4.1 - The terms of payment are cash, cheque, banker’s draft or telegraphic transfer in pounds sterling or in the currency in which the sale was conducted on the date specified in the sale invoice overleaf or otherwise agreed by Parallel Motion and the Buyer in writing.
4.2 - Time for payment shall be of the essence of the Contract. If the Buyer fails to comply with the terms of payment, Parallel Motion shall be entitled to repudiate the Contract and the Buyer shall compensate Parallel Motion in full on demand for all loss, costs and expenses (including legal costs on an indemnity basis) arising in connection with or resulting from the Buyer’s failure to comply with the Contract. Parallel Motion may in any event sell the Goods elsewhere and recover any loss from the Buyer, and forfeit any deposit which may be refunded in whole or part if it exceeds any reasonable estimate of loss suffered by Parallel Motion.
5 - Title
5.1 – Ownership of the Goods shall not pass to the Buyer until the purchase price has been paid in full, and Parallel Motion is satisfied as such.
5.2 - Notwithstanding the above paragraph risk in the Goods shall remain with the Buyer from date of the Sales Invoice.
6 - Loss & Indemnity
6.1 - Parallel Motion will not be responsible for any damage to or the loss or the destruction of the Goods or any injury, loss or damage caused by the Goods before delivery unless caused by the negligence of Parallel Motion, its employees or agents in the ordinary course of their duties to Parallel Motion and the Buyer will indemnify Parallel Motion against all claims and proceedings brought against Parallel Motion in respect of any loss or damage to the Goods or injury, loss or damage caused by them.
7 - Liability Of Parallel Motion
7.1 - Parallel Motion shall not be liable for any failure in the performance of any of its obligations caused by the factors outside its control.
7.2 In any event:
(a) Parallel Motion shall only be liable for losses that are foreseeable; and
(b) the maximum liability of Parallel Motion to a Buyer shall be limited to the invoice value of the Goods.
8 - Loss & Injury
8.1 - Parallel Motion shall be under no liability for injury, damage or loss sustained by any person while on Parallel Motion’s premises (including any premises where a sale may be conducted or where Goods may be on view from time to time) except for death or personal injury caused by the negligence of Parallel Motion or its employees and agents in the ordinary course of their duties to Parallel Motion.
9 - Miscellaneous
9.1 - The benefit and burden of these Conditions may not be assigned by the Buyer without Parallel Motion’s prior agreement in writing.
9.2 - If any Condition or any part of any Condition shall be held to be unenforceable or invalid such unenforceability or invalidity shall not affect the enforceability and validity of the remaining Conditions or the remainder or the relevant Condition.
9.3 - The headings and numbering used in these Conditions are for convenience only and shall not affect their interpretation.
9.4 - Any concession or latitude allowed by Parallel Motion shall not affect Parallel Motion’s rights under or release the Buyer from liability in respect of the Conditions.