- Acceptance of Orders
All contracts of sale made by Nxcoms Limited (“The Company”) shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the party with whom the company is dealing (“The Customer”). All orders are accepted and fulfilled subject to these conditions of sale unless otherwise varied by agreement in writing.
Goods and services are invoiced at the prices quoted at the time of ordering. VAT will be added to all goods and services at the prevailing rate where applicable.
- Any time or date of delivery stated by the Company shall be treated as an estimate only. Whilst every effort will be made to despatch goods on time no liability can be accepted by the Company for failure to deliver within the estimated times. The Company shall not be liable for any loss or damage whatsoever, including consequential loss or loss of profit, arising directly or indirectly from any delay in the delivery of all or any of the goods however caused.
- The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Company in writing within three business days of receipt of the goods.
- The Customer shall be bound to accept the goods when they are ready for delivery by the Company and delivery shall be deemed to take place when the goods are delivered to the Customer at the nominated address for delivery.
- If the Company fails to deliver the goods for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, the Company is according liable to the Customer to replace not delivered. Furthermore, the Company shall not be liable for any loss of profit or other consequential loss and its liability, whether in contract or otherwise, shall in no case exceed the price of the article or articles in question.
- If, for any reason, the Customer cannot accept delivery of the goods at the time when the goods are due and ready for delivery, the Company may elect to store the goods pending their actual delivery and the Customer shall be liable to the Company for any costs incurred, or may sell the goods at the best price obtainable.
- Payment terms
- Unless otherwise expressly stipulated by the Company, all invoices are due and payable in sterling 30 (thirty) days from the date of the invoice. If an invoice becomes overdue for payment the full outstanding amount becomes overdue and payable. The Company reserves the right to charge interest on overdue amounts, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, the Company shall charge interest on late payments at the Bank of England base rate plus 8%, calculated on a daily basis on the full value of the overdue amount.
- The customer will be subject to a deposit of 50% (forty five percent) of the total order value including V.A.T. at the discretion of the Company. The deposit is payable immediately by the Customer at the time of ordering with the remainder amount to be paid within 30 (thirty) days under the payment terms (i) above. If a deposit is required from the Customer it will be clearly stated on all quotations and pro-forma invoices in advance by the Company.
- The customer may be offered a discount on goods for payment in advance. The discount will be applied at the time of payment including V.A.T. If a discount offer is made available to the customer, it will be clearly stated on all quotations and pro-forma invoices in advance by the Company..
- Payment shall be deemed to have been received only when the full amount of the value of the goods and services as invoiced has been credited to the Company’s bank account without recourse or the Company has received the full amount in cash
- Product Specifications
Whilst the Company will make every effort to deliver the goods as agreed, the actual specifications, dimensions and quantities may in certain circumstances, vary from those originally specified. The Company reserves the right without prior notice to vary the specifications, dimension or quantities of any goods without any liability to the Customer arising directly or indirectly from any such variation.
In the event that the Company is unable to supply goods or services as ordered by the Customer, the Company reserves the right to offer goods or services of equal or superior quality comparable to or comparable with the goods or services ordered, at the same price.
- Property and Title
No property or title to goods shall pass to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company’s bank account without recourse or the Company has received the full amount in cash and the Customer shall indemnify the Company against any loss or damage to the goods prior the passing of property therein whilst in the Customer’s custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the goods, at the time when the Company has tendered delivery of the goods.
- Force Majeure
In the event that the Company is prevented from carrying out its obligations as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities for as long as the fulfilment is prevented.
- Trade Name and Trade Mark
Indications of trade names or marks, other than those of the Company, shown in documentation of the Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.
Under normal circumstances the Company orders goods from its suppliers upon receipt of a signed order by the Customer, as such the Company reserves the right not to accept cancellation of orders by the Customer, if such orders have been ordered in turn by the Company from its suppliers. Where cancellation is accepted the Company reserves the right to indemnify from the Customer in full for costs incurred.
Goods received by the Customer that are undamaged, unopened and fully marketable may be returned by prior agreement of the Company, which reserves the right to make a handling or administration charge.
All goods sold by the Company are warranted free from defects and workmanship. If the Company should receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within 14 (fourteen) days of delivery, the Company, after it has had a reasonable time to investigate the same and examine the goods in dispute, shall be entitled at its option to repair or replace the defective goods.
No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission or the Customer, its employees or agents or by circumstances beyond the control of the Company, or goods which cannot be shown to have been supplied by the Company.
The Company offers a “no charge” collection, repair and delivery service for faulty computer hardware products under these warranty provisions, but reserves the right to make a charge where no fault is found.
- The Company’s Liability
- The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
- The Company’s liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
- Goods are not tested nor sold as fit for any particular purpose or for use under any specific conditions.
- Health and Safety at Work Act 1974 and Consumer Protection Act 1987
In compliance with the above legislation, the Company confirms that the goods and services supplied by the Company as a distributor of products and services, do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided that the Customer or its employees or agents take reasonable and normal precautions in their use.
- If any provision hereof shall be held to be invalid, illegal, or unenforceable, the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
- Waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
- All headings are for convenience only and do not form part of these terms and conditions.
- Any notice or demand to be given hereunder shall be in writing and shall be deemed to have been delivered by hand or sent by first class prepaid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and 48 (forty eight) hours after posting as aforesaid.
- The laws of England shall govern the validity construction and performance of any contract to which these terms and conditions apply and the parties submit to the jurisdiction of the English court.