Any shortfall in products delivered. In this case SIRS shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
ii. Any delivery of products not in accordance with the order. In this case SIRS shall, at SIRS’ discretion, replace the products or refund the purchase price; or
Any non-delivery of the products (in which case the time limit is within 14 days of the estimated despatch date). In this case SIRS shall deliver the undelivered products or refund the price of the undelivered products.
6.2. If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. SIRS’ record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order.
7. Payment
7.1. If SIRS has not granted credit to the Customer, payment terms are cash with order.
Credit terms are not available on the online shop.
7.2. If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
i. all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
SIRS may apply a compensation charge as an estimate of administrative and other wasted costs incurred by SIRS to the Customer of £40 for outstanding sums up to £999.99; £70 for outstanding sums between £1,000 and £9,999.99; and £100 for outstanding sums of £10,000 or more; and
ii. SIRS may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 4 per cent per annum above the European Central Bank base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive (but at the rate of 5 per cent per annum for any period during which the European Central Bank base rate is below zero per cent), compounded monthly; and
SIRS may stop accepting orders and/or suspend shipments until payments are made in full.