Conditions of Sale


Confidentiality

Optimal Projects Ltd agrees not to disclose any information collected and/or processed in relation to business transacted under these Terms to any third party except to:-

  1. its respective officers responsible for or in charge of the operation of the transaction(s).
  2. its respective lawyer(s), accountant(s) and auditor(s); and,
  3. any competent judicial or regulatory authority, including but not limited to Inland Revenue, and Customs & Excise authorities, when requested by them to disclose such information.

Data Protection ACT

Optimal Projects Ltd may register details of transactions with any licensed credit agency and any supplier of equipment in relation to business transacted under these terms.

Management Information

So far as not prevented by law or any regulatory authority, Optimal Projects Ltd and The Client shall exchange relevant information in connection with proposed lease transactions.
Optimal Projects Ltd and The Client shall supply to the other, on request, such information as the other shall reasonably require relating to proposed lease transactions.

No Assignments

Any agreement between us is personal to the parties. Neither party shall assign this agreement or any right or interest thereunder without the consent of the other party.

No Agency

Nothing in these terms of business shall be deemed to create or affect any partnership between the parties thereto, nor anything herein contained or pursuant hereto agreed between us shall be deemed to make one party the agent of the other party.

Licences

Optimal Projects Ltd shall obtain and preserve all licences and consents required in connection with the transactions of the type hereby contemplated including, without prejudice to the generality of the foregoing a licence under the Consumer Credit Act 1974.

Duration of this Agreement

These Terms shall cease to be effective once Optimal Projects Ltd has duly delivered the goods or services detailed within the respect order pack or when one party notifies the other in writing but notice will not be retrospective.

Guarantee and Liability

Every product Optimal Projects Ltd sells is guaranteed in accordance with the terms of the manufacturer’s warranty provided with the goods. Optimal Projects Ltd accepts no liability of whatever nature arising as a result of any representations, breach of contract, negligence or otherwise including but not limited to any liability for indirect or consequential loss, or loss or corruption of data, or loss of profits, revenue, business or goodwill except for liability for death or personal injury caused by negligence.
All conditions, warranties, guarantees, and representations, expressed or implied, by statute, common law or otherwise in relation to the goods (other than any liability which Optimal Projects Ltd is not permitted by law to exclude or restrict) are hereby excluded.

Prices and Payment

Unless otherwise agreed Fees, Expenses, Commissions or any other payments due to Optimal Projects Ltd will be payable within 30 days on receipt of invoice. If any transaction includes the sale of goods or equipment from Optimal Projects Ltd to you title will not pass to you until we have received payment in full.
If the amount of invoice is not paid within 30 days of the invoice receipt Optimal Projects Ltd shall be entitled, without prejudice to its other rights and remedies, to charge The Client interest at a rate of 4% per annum above the Base Lending Rate of HSBC plc from time to time compounded monthly on all amounts overdue until payment. This interest shall run from day to day and accrue after 30 days from receipt of the invoice.
Optimal Projects Ltd accepts payment by cheque, BACS, or Paypal. Unless otherwise specified charges for services will be invoiced in advance and from time to time after this, dependent on the payment periods determined by the service.

Validity

All prices exclude VAT and are valid for thirty days.

Value Added Tax

Value Added Tax shall, when applicable, be payable on and in addition to all sums payable or at such other time as required by law or practise at the appropriate rate prevailing from time to time.

Delivery of Goods

Risk of loss or damage to the goods shall pass to you on delivery.
Claims for damage to goods must be noted at the time of delivery and notified to Optimal Projects Ltd. Optimal Projects Ltd regrets that where goods have to be specifically ordered for you Optimal Projects Ltd cannot accept cancellation of the order and the goods cannot be returned unless defective.

Insurance

Optimal Projects Ltd does not carry insurance that covers you. If you require insurance cover you must specify this in writing before any advice is given by Optimal Projects Ltd and prior to agreeing fees or commission.

General

  1. If we ignore any breach of these Terms, allow you more time to pay or give you any other benefit or privilege, it will not affect any of our rights or powers, and it will not change the relevant Term for the future.
  2. Any notice under these Terms sent by post must be to the right address. The 'right' address is 237 Tudor Drive, Kingston upon Thames, KT2 5PF, or any other address notified to you by us. The timing of serving the notice will be taken to be the day after thedate of posting. In proving that a notice was served, it only needs to be shown that the letter containing the notice was properly addressed, stamped and posted by first class mail. Any notice sent by facsimile or telex shall be taken to be served on the day the facsimile or telex was sent.
  3. The headings to these terms are for convenience only and don't affect their meaning.
  4. These Terms set out everything that has been agreed and the ‘sign-off’ of the Optimal Projects Ltd order pack shall constitute formal acceptance of these terms and no change to these Terms shall be sanctioned without approval by one of our directors unless there is a main contract associated with this order in which case the terms detailed in the main contract shall prevail.
  5. These Terms are governed by English law and you agree that English courts will have jurisdiction to deal with any disputes.
    Optimal Projects Ltd undertakes that it and its employees, agents, and sub-contractors will at all times comply with all health and safety requirements relating to carrying out of the work under these terms. Such requirements include in addition to statutory laws and regulations any codes of practice and British Standards or their equivalent relating to Health and Safety which may be applicable to the performance of the agreed works detailed in the order pack.