Terms and conditions

1. These conditions shall apply to all contracts for the sale of goods by Oracle Storage Systems Ltd. To any person firm or company purchasing or agreeing to purchase goods from Oracle Storage Systems Ltd ("the Buyer") to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order or similar document.

2. Oracle Storage Systems Ltd shall retain Title to any goods delivered by it to the Buyer under any contract with Oracle Storage Systems until all monies due from the Buyer to Oracle Storage Systems Ltd under the contract or otherwise have been paid in full.

3. Until Title to the goods delivered has passed to the Buyer in accordance with Condition 2.

4. Oracle Storage Systems Ltd shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains with Oracle Storage Systems Ltd. For this purpose shall be entitled at any time and without notice to enter upon any premises in which the goods or any part of them are installed, stored or kept, or are reasonably believed to be so.

5. Oracle Storage Systems Ltd shall be entitled to seek a Court injunction to prevent the Buyer from selling transferring or otherwise disposing of the goods.

6. The Buyer shall be bailee of the goods on Oracle Storage Systems Ltd behalf and shall store or otherwise denote the goods in such a way that the same can be recognised as Oracle's property.

7. In the event that the Buyer appropriates the goods to any process of manufacture or cuts, alters or mixes them with other goods, or otherwise deals with them in the ordinary course of business. The resulting product will become the property of Oracle Storage Systems immediately upon such dealing and the Buyer will be the bailee thereof.

8. If the Buyer sells them or any product or any such dealing with them as is set out above it will do so as the agent of Oracle Storage Systems Ltd and must keep any proceeds therefrom separate from proceeds of sale of not belonging to Oracle Storage Systems Ltd.

9. Not with standing the foregoing the Buyer assumes the risk in any goods delivered to it by Oracle Storage Systems Ltdupon delivery and of any products of the goods upon those products coming into existence.

10. All prices are subject to increase in the event of an increase by Oracle Storage Systems Ltd for labour and/or materials used by Oracle Storage Systems in performing its obligations under the contract and which occur between the date hereof and the date of delivery.

11. The price of the goods shall be paid in full to Oracle Storage Systems Ltd upon demand. If payment is not received Oracle Storage Systems Ltd reserves the right to charge interest on a daily basis at a rate of 5% above Natwest Bank Plc base rate from time to time. The Buyer may not withhold payment of any invoice or other amount due to Oracle Storage Systems Ltd by reason of any right of set off or counterclaim, which the Buyer may have or allege to have against Oracle Storage Systems or for any other reason whatsoever.

12. 7. If Oracle Storage Systems Ltd instruct Solicitors as a result of the Buyer's failure to pay any amount due to Oracle Storage Systems Ltd, the Buyer shall pay any and all Oracle Storage Systems Ltd Solicitor's costs and expenses incurred as a result on a full indemnity basis.

13. 8. Delivery dates or periods, are approximate only and time shall not be of the essence of the contract. Oracle Storage Systems Ltd shall incur no liability whatsoever in respect of any loss or damage suffered by the Buyer resulting from delay in delivery howsoever caused.

14. 9. No claim against Oracle Storage Systems Ltd in respect of short weight or damage in transit will be entertained unless the delivery notes have been marked accordingly and Oracle Storage Systems Ltd has been notified in writing by recorded delivery post within three days of the delivery of the goods. Oracle Storage Systems Ltd shall be given an opportunity to re-weigh and/or inspect the total consignment, or that part which it deems necessary.

15. 10. No claim shall be entertained in respect of goods delivered wet unless the Buyer informs Oracle Storage Systems Ltd by telephone on the day of delivery, endorses the delivery notes accordingly, and confirms the same to Oracle Storage Systems Ltd in writing on the same day by recorded delivery post.

16. 11. The liability of Oracle Storage Systems Ltd arising out of defective goods supplied under any contract with the Buyer is limited to the value of the defective goods. All other liability for delivering defective goods whether in tort or contract, by express or implied term, is hereby excluded to the extent allowed by law.

17. 12. It is up to the buyer to make sure that any floor where an Oracle Storage System Ltd is being installed is capable of taking the point and dead loads that are placed onto it

Oracle Storage Systems Ltd full terms & conditions available on request