Terms & Conditions of Sale
This document was last updated 01 May 2016.
These Terms of Sale contain the terms and conditions that apply to your purchase of products and/or services and/or support from the Supplier through the Website. By accepting delivery of the products and/or services and support described on the invoice, you (the "Customer") agree to be bound by and accept these terms and conditions. These terms and conditions apply (i) unless the Customer has signed a separate purchase agreement with the Supplier, in which case the separate agreement shall apply; or (ii) unless other standard terms of the Supplier apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, in the Supplier’s sole discretion.
- By your written acknowledgement of these Terms of Sale;
- By your acceptance of any shipment of any part of the items specified for purchase or delivery by you to the Supplier;
- By your placing any order for products or services on this Website; or
- Any other act or expression of acceptance by you.
2. Right to Cancel. If you are contracting as a consumer, you may cancel an order at any time within seven working days, beginning on the day after you received the products. The following conditions apply:
- you will receive a full refund of the price paid for the product(s) (including delivery charges) in accordance with the refunds policy (set out in clause 10 below);
- to cancel an order, you must inform the Supplier in writing;
- you must also return the product(s) to the Supplier immediately, in the same condition in which you received them, and at your own cost and risk.
- you have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, the Supplier may have a right of action against you for compensation.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within the Supplier's sole discretion, and unless otherwise agreed to by the Supplier, payment must be received by the Supplier prior to the Supplier's acceptance of an order. Payment for the products and/or services and/or support must be made by credit card or some other prearranged payment method accepted by the Supplier unless the Supplier has agreed to credit terms in writing. Product and pricing data may change without notice. Subject to clause 7, final pricing on a Customer’s order is effective on the date that payment for the order has been received. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. The Supplier may invoice parts of an order separately. Orders are not binding upon the Supplier until accepted by the Supplier. Any quotations given by the Supplier will be valid for the period stated on the quotation. Customer agrees to pay interest on all overdue sums at the higher of 5% above the base rate of the central bank of the Customer’s place of residence and the highest rate chargeable under any applicable legislation. Customer shall indemnify and hold the Supplier free and harmless from and against the imposition and payment of all taxes, whether or not they are stated in any invoice for products shipped to Customer.
4. Shipping. Orders placed through the Site are subject to product availability and will be shipped according to the shipping terms contained in these Terms of Sale and the shipping terms and charges presented on the Site at the time of purchase. In the unlikely event that your order never arrives, the Supplier must receive notification in writing (including email) or telephone within twenty one (21) days of the estimated delivery date stated in the shipping notification email that you received. Shipping charges are not refundable except where expedited shipping was purchased but not provided, in which case the Supplier will credit the account for the difference in cost of the shipping purchased and the shipping provided.
5. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the Supplier's invoice(s). Customer is responsible for all other taxes associated with the order, however designated (including, without limitation, Goods and Services Tax at the applicable rate), except for taxes on the Supplier's net income. If applicable, a separate charge for taxes will be shown on the Supplier' invoice.
6. Delivery; Title; Risk of Loss. Risk of loss to products passes from the Supplier to Customer on shipment from the Supplier. Title to product(s) passes from the Supplier to Customer on the later of payment in full for the products and shipment from the Supplier. The Supplier shall not be liable for any delays in delivery beyond the reasonable control of the Supplier including, but not limited to, delays caused by unavailability or shortages of product or product components from the Supplier's suppliers, natural disasters, acts of war, acts or omissions of Customer, fire, strike, riot, governmental interference, unavailability or shortage of materials, labour, telecommunications, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, transportation failures or computer-related transmission failures. Clause 9 of these Terms apply in respect of the Supplier’s liability for any loss to the Customer.
7. Errors on the Site. The pricing and availability of products and or services and/or support available through the Site are subject to change without notice. When the Supplier discovers an error on the Site it will be corrected as soon as reasonably practicable; however, the Supplier reserves the right to revoke any stated offer and to correct any errors, misstatements, inaccuracies, or omissions, both before and after an order has been submitted to the Supplier, whether or not the order has been confirmed and whether or not Customer’s credit/debit card has been charged. In the event that Customer’s credit/debit card has been charged and Customer’s order is subsequently cancelled by the Supplier, the Supplier will issue a credit to that account in the amount charged prior to the cancellation of the order. The Customer accepts that the Supplier does not control when the relevant credit will be reflected on Customer’s account balance. Returns are governed by the applicable clauses of these Terms of Sale.
8. Warranties. The Supplier hereby warrants that goods and/or services provided by the Supplier via the Site shall be of satisfactory quality. Additional warranties may apply to specific products, in which case details will be provided on request.
9. Limitation of Liability. The customer represents, acknowledges and agrees that, save as set out herein, the Supplier has not made any representations or warranties, direct or indirect, express or implied, as to any matter whatsoever, including without limitation, the quality or condition of any product, or any product’s merchantability or its suitability or fitness for any particular purpose, the quality of the material or workmanship of any product, and all such warranties are expressly excluded hereby. To the maximum extent permitted by applicable law, the Supplier hereby excludes and shall not be liable to Customer for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or any product, service or support provided to the Customer through this Website, including but not limited to, damages for lost profits, or loss of use, even if the Supplier has been advised of the possibility of such damages.
The total liability of the Supplier to the Customer for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount paid by the Customer for the particular product(s) or services or support.
10. Return Policies. If for any reason you are not completely satisfied with your product, read our Returns Information page for how to return your purchase.
11. Exchanges. From time to time, the Supplier may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with the Supplier's exchange policies in effect on the date of the exchange.