1. Definitions a)
'Company' means Inventech Limited, registered in England and Wales as Company
Number 3204279. b)
'Customer' means any individual or firm that has purchased, or has offered to
purchase Goods from the Company. c)
'Goods' means any products or services that the Company has sold or is proposing
to sell to the Customer. d)
'Agreement' means any transaction or proposed transaction between the Company
and the Customer relating to the sale/purchase of Goods. e)
These terms and conditions shall apply to and be incorporated into every
agreement between the Company and the Customer. f)
These terms and conditions supersede any previous terms and conditions of the
Company. g)
These terms and conditions shall take precedence over any terms and conditions
of the Customer and shall not be varied without the written or email consent of
the Company.
2. Price a)
Unless otherwise stated, prices for Goods quoted by the Company are exclusive of
value added tax, delivery, and insurance.
b)
The Company will not be responsible for any local import duties and other taxes
if delivery is required outside of the EU. These shall always be the
responsibility of the Customer. c)
The Company shall be entitled to apply additional delivery charges where the
Customer requests partial delivery of an order. Where partial delivery is not
requested, the Company will wait until all Goods relating to an order are in
stock before delivering to the Customer. d)
Prices quoted are those current at the time of quotation. The Company shall be
entitled to alter prices to those current at the time of order, or withdraw the
quotation where the Goods can no longer be supplied. e)
The Company shall be entitled to alter prices to correct errors or omissions.
f) The Company reserves the right to refuse orders without giving
reason
3. Payment a)
Credit accounts are offered subject to procedures set by the Company, which may
be altered from time to time. b)
No right of offset exists between credit account orders and non credit account
orders. c)
The Company will not deliver Goods before credit/debit card transactions have
been authorised. d)
The Company will not deliver Goods if it has any evidence or suspicion that a
Customer is attempting to commit fraud or any other crime. e)
The Company will pass on all information it holds to the police and/or other
authorities where it has any evidence or suspicion that a Customer is attempting
to commit fraud or any other crime. f)
If, for any reason, full payment has not been received by the Company for Goods
that are in the possession of the Customer, it reserves the right to charge
interest on the outstanding amount from the date of delivery, on g) daily basis,
at 3% above the base rate of Barclays Bank plc.
4. Delivery a)
All delivery dates quoted, whether verbally or otherwise are best estimates and
are therefore not guaranteed. The Company shall have no liability for any delay
in delivery or non-delivery or for any consequential cost or loss whatsoever.
b)
Delivery of Goods to the Customer's address or any other place requested by him
shall constitute delivery and the risk passes upon such delivery to the
Customer. c)
Where partial deliveries are made, these terms and conditions shall apply to
each partial delivery.
5. Loss or Damage in Transit a)
The Company will not be responsible for damage or loss of Goods or part thereof
in transit or for any discrepancy between the Goods delivered and the Goods
ordered unless the Customer gives written or email notice of a claim to the
Company within three working days of delivery or expected delivery. b)
In the event of damage of Goods or part thereof in transit or for any
discrepancy between the Goods delivered and the Goods ordered, the Customer must
hold the Goods and make them available for inspection or collection by the
Company or its representatives or agents on request.
6. Title a)
Even where Goods have been delivered and the Customer is responsible for any
loss, destruction of or damage to them, the legal and beneficial ownership of
the Goods will remain with the Company until the Company has received payment in
full of: - i)
all amounts payable to the Company in relation to the agreement, and
ii) all other amounts due from the Customer to the Company in respect of any and
all other agreements. b)
Until the Customer becomes the owner of the Goods in accordance with 6a) above,
the Customer shall :- i)
hold the Goods on behalf of the Company, who may, at any time and without prior
notice, require the Customer to deliver the Goods back to the Company and, if it
fails to do so, enter the premises where the Goods are situated with its
representatives or agents to repossess the Goods;
ii) not sell, part with possession of, use, or do anything else detrimental to
the Company's ownership of the Goods and will ensure that they are kept separate
from any other item, properly stored, protected and clearly identifiable as the
Company's property, and are insured to their full replacement value against all
normal comprehensive risks. c)
After the Company has repossessed any Goods it may sell them and the proceeds of
sale will belong to the Company absolutely and the Customer will have no right
or interest in those proceeds. If the net proceeds received by the Company are
less than the amount payable to it in relation to the agreement, it may recover
the balance from the Customer. d)
The Customer will become responsible for any loss, destruction of or damage to
any Goods on their delivery. e)
If ownership of the Goods has not passed to the Company, in the event of any
loss, destruction of or damage, all insurance proceeds receivable by the
Customer in respect of the Goods shall be held in trust by the Customer for the
Company in a separate account and first be applied towards discharging any sums
payable under the agreement. f)
Even if ownership of the Goods has not passed to the Customer, the Company may
recover all sums payable to it in relation to the agreement.
7. Returns and Cancellations
The Customer shall not return any Goods (except in accordance with Condition 8),
or cancel any orders without the Company's written or email consent. Such
consent may not be given where Goods have been specially purchased by the
Company to meet the Customer's requirements, or if the Goods have a sales value
of £20 + VAT or less. If the Company at its discretion gives consent, it
reserves the right to charge a restocking fee of up to 15% + VAT of the price of
the Goods in question, or £15 + VAT, whichever the greater.
8. Guarantee a)
If within twelve calendar months of being delivered, any defect in the Goods is
discovered which is directly due to faulty materials or workmanship, the Company
should be promptly notified. The Company will, at its option remedy the defect
or damage by replacement or repair, or raise a credit note, as it considers
appropriate and within reasonable time. If a credit note is raised, it will
first be utilised against any existing indebtedness, then the balance refunded
by the same payment method as the original order was placed. b)
The guarantee will be subject to the following conditions :- i)
it will not apply to defect or damage resulting from any alteration or
modification of the Goods without the Company's prior written or email consent,
incorrect storage, normal wear and tear, misuse, abnormal conditions of use,
incorrect installation, maintenance or repair, use which is not in accordance
with the manufacturer's instructions, any act or omission of the Customer or any
third party or any fault in any other Goods or equipment.
ii) The Customer must complete and submit the Company's Return of Materials
Authorisation (RMA) form in relation to any such defect or damage. If it appears
to the Company from the information submitted on the RMA form that such defect
or damage is covered by the guarantee, an RMA number will be issued confirming
the Goods in question may be returned for inspection. If, on inspection, it is
discovered that information supplied on the RMA form is materially incorrect, or
that the Goods did not originate from the Company, or that defect or damage is
not covered by the guarantee, the RMA number is void and the Goods will be made
available for collection by the Customer or their representatives or agents. In
this event, the Customer will be advised and allowed seven working days to
collect the Goods. After this period, the Company reserves the right to dispose
of the Goods and will not provide replacement, credit note or refund. RMA
numbers issued by the Company are valid for seven working days from the date of
issue. After this period the RMA log is closed and a new RMA number must be
obtained.
iii) Allegedly defective or damaged Goods must be returned to the Company at the
Customer's cost, in original packaging, complete with all related documentation
and accessories. Goods must be packaged in the appropriate fashion and clearly
labelled with the relevant RMA number. Failure to do so may result in the Goods
being refused on arrival at our warehouse.
iv) the guarantee will apply to Goods replaced or repaired under the guarantee
for the balance of the original guarantee period.
9. Exclusion of Liability a)
The guarantee in condition 8 will be in substitution for all other terms,
warranties and conditions, express, or implied, statutory or otherwise in
relation to the Goods (except for the Company's title to them) which are hereby
excluded to the fullest extent permitted by law. b)
Neither the Company nor its representatives or agents will be liable in contract
or in tort (including negligence) nor in any other way for any consequential or
indirect loss, liability or damage or for any other claim for consequential
compensation whatsoever (including loss of profit, costs, expenses or loss of
data) arising howsoever from or in connection with the agreement or any breach
or non-performance of any provision of it by the Company or any fault in or the
supply, use, presence or resale of the Goods. c)
Excluding the Company's liability arising in condition 8, all warranties or
conditions implied by law regarding the Goods and without affecting conditions 9
a) and 9 b), the aggregate liability of the Company whether arising in contract
or tort (including negligence) or otherwise howsoever for any loss, cost,
damage, injury or liability (whether consequential or indirect or otherwise)
resulting from or in connection with the agreement or any such breach or other
matter as is referred to in Condition 9 b) will be limited to an amount equal to
the net invoice value of the Goods. d)
The limitation on any exclusion from liability contained in these Conditions
shall be subject to the provisions of section 2(1) of the Unfair Contract Terms
Act 1977.
10. Indemnity
The Customer undertakes to the Company that it will immediately indemnify the
Company against all proceedings, costs, fees, expenses, payments, liabilities,
losses and damages arising out of the breach or negligent performance by the
Customer of any terms of the agreement.
11. Website Use
The Customer will take all reasonable steps to ensure that it's authorised
website users do not disclose usernames or security passwords to any third
party, whether an employee of the Customer or not. If the Customer becomes aware
that there has been disclosure by any of its authorised users, the Customer must
inform the Company immediately.
12. Photos and Other Information a)
All photos, illustrations and other information contained on the website, sales
literature and price lists are representative, for guidance only and do not form
part of this agreement. b)
The Customer should check specifications, compatibility, suitability and
legality of Goods with manufacturers before ordering if in any way unsure. Any
advice or opinion offered by the Company or its representatives or agents should
not be relied upon to make a purchasing decision.
13. Trade Marks, Trade Names, Copyrights, Patents and
Intellectual Property Rights a)
The Customer acknowledges that rights in respect of trade marks, trade names,
copyrights, patents and other intellectual property rights connected with the
Goods do not pass to the Customer.
14. Force Majeure
The Company will not be deemed to be in breach of any of its obligations under
the agreement or otherwise be liable to the Customer as a result of any delay in
performing or any failure to perform any such obligations by reason of any cause
or event beyond the Company's control. This includes, but is not limited to
breakdown of plant or machinery, strike, industrial dispute, shortage or delay
in receiving Goods, war (whether declared or not), terrorism, or Act of God. If
any such event continues for more than 28 consecutive days, the Company may
terminate the agreement by written or email notice to the Customer without
prejudice to the accrued rights of either party.
15. Set Off
The Company shall be entitled but not obliged at any time to set off any sum
payable by or any liability of the Customer against any sum payable by or
liability of the Company to the Customer. Any exercise by the Company of this
right will be without prejudice to its other rights under the contract relating
to the supply of the Goods.
16. Subcontracting
The Company reserves the right to sub-contract any part of any work or supply of
any Goods or services.
17. Construction and Use
The Company shall not be responsible for adapting or modifying any Goods to
conform to statutory requirements not current at the time of order.
18. Termination
The Company shall be entitled by notice in writing or by email to terminate any
agreement without prejudice to any claim or right the Company may otherwise make
or exercise where :- a)
The Customer is in breach of any term, condition or provision of this agreement
or required by law. b)
The Customer shall go into liquidation, or if any petition or resolution to wind
up the Customer shall be presented, or if a receiver is appointed, or if the
Customer shall commit any act of bankruptcy.
