NVCS Ltd Trading as Vendstore (hereinafter known as the Company)
All orders received by the Company are subject to the following Terms and Conditions and on the strict understanding that these Conditions which supersede all previous Terms of Trading of the Company will prevail in the case of any difference between the Conditions and those of 'the customer'.
An order received by the Company or its representative is deemed to be an “offer to purchase” by the Customer subject to the Terms and Conditions herein contained which shall be deemed to be accepted by the Company upon delivery of the goods.
The prices quoted by our Representative are subject to stock availability and whilst every endeavour will be made to supply quoted prices, the Company reserves the right to revise prices at any time prior upon giving notice to the Customer to that effect.
Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.
a) No payment shall be deemed to have been received, until the Company has received cleared funds.
b) Unless otherwise agreed payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to The Company, goods will remain with The Company and will not pass to The Customer until the full payment has been received, subsequent orders and deliveries will be refused until such payment is received.
Retention of Title
a) The property in any goods supplied by the Company to the Customer shall remain with the Company until the goods are paid for.
b) Furthermore, the property in any such goods will continue to remain with the Company until the Customer has paid to the Company all sums due to the Company from the Customer on any other account whatsoever, provided always:-
The Customer may unless and until he receives notice from the Company to the contrary sell such goods, but only in the ordinary course of the Customer's business and only in arm's length bona fide transaction at full market value or at a proper trade discount. Save as aforesaid the Customer shall not sell charge or otherwise dispose of any goods belonging to the Company or of any interest in such goods and unless and until such goods are sold as aforesaid by the Customer, the Company may at any time require the Customer to deliver up the goods to the Company.
All risks in relation to the goods will pass to the Customer upon delivery to the Customer.
Delivery shall be deemed to be effected when the goods have been delivered to the address between the Customer and the Company, or collected by or on behalf of the Customer. The Company will endeavour to deliver howsoever caused nor shall such failure to deliver be deemed to be in breach of any contract. If for any reason the Customer refuses delivery then without prejudice to any other rights, the Company reserves the right to cancel the order and implement a restock fee of up to 25% of returned goods value.
No return of goods supplied will be accepted without the Company’s prior consent. Please call our customer helpline on 0800 526 216 to obtain details on how to return your product.
Liability for Loss or Damage
The Company does not accept liability for damage or partial loss of goods:-
a) Where a clean receipt or an “unexamined” receipt is given to the carriers,
b) Unless written notice is given to the carriers and to the Company within 14 days of delivery.
Containers, which show any sign of tampering, damage or shortage, must be signed for accordingly and the Company notified within 3 days of date of invoice or delivery note.
In the event of non-arrival of the goods or if the Customer learns that the goods are lost or destroyed in transit, it is essential the Customer notifies the Company within 14 days of date of invoice or advice note.
All claims must be substantiated by an official condemnation note, which must reach the Company within 3 weeks after the date of issue. The Company’s liability for goods proved to be defective shall be limited to the price of such goods and for this purpose the price should be deemed to be to the invoice price of the goods. The Company shall be entitled to replace such goods upon the terms hereof in settlement of its liability.
The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond the Company's reasonable control.
The Company warrants that all goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12 months from the date of delivery. The Company's obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods, which shall be returned to the Company by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions:
a) Claims must be notified in writing to the Company within seven days from the date of delivery.
b) The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
c) The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company's instructions, or alteration or repair of the goods without the Company's prior approval.
d) The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.
e) The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
f) Except in the case of death or personal injury caused by the Company's negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
N.V.C.S. Ltd. Unit 1, Green Farm, Rackheath Ind. Est. Norwich, Norfolk, NR13 6LQ. Company No. 01983363 VAT No. 353 2720 73. Registered in England and Wales.