1. Contract Process
Upon Receipt of written quotation supplied by Us:
a. Where You submit Your Order to Us
by emailing Your Order direct to Us at mail@ndteks.co.uk:
i. You will receive an electronic confirmation of receipt of your Order and
of the details of Your Order as soon as is reasonably practicable. You will
be notified separately if the Goods or Services are unavailable or if Your
Order cannot be fulfilled for any other reason.
ii. If at any time you wish to alter the details of your Order, please
contact mail@ndteks.co.uk. You will not be able to alter the details of the
Order once the Order has been placed in our order processing system (This
does not affect the rights of Consumers set out in clause 9 below).
iii. No binding contract is formed until We have placed the Order in our
order processing system.
Orders placed from product promotions on www.NDTekS.co.uk and publications
a. Prices for promotions will only be published on www.NDTekS.co.uk
b.
Where You submit Your Order to Us by telephone or by post:
i. You will be notified if the
Goods or Services are unavailable or if your Order cannot be fulfilled for
any other reason.
ii. No binding contract is formed
until We have placed the Order in our order processing system.
c. We will retain a copy of the
Contract for one year in the case of all orders, the Contracts for which
will be kept for 5 - 6 years. We strongly advise You to keep a copy for Your
own records.
d. We cannot accept responsibility
for any error made by You on orders placed by telephone, mail or fax.
2.
Obligation to Supply
a. We are only liable to supply
You with those Goods which:
i. You describe accurately in your
Order; and
ii. are in stock at the time of
receipt of Your Order.
b. Where You do not accurately
describe the Goods, We will use Our reasonable endeavours to supply the
correct Goods but You shall not rely on Our skill and judgment in selecting
the Goods. We will accept the return of the Goods to Us and issue You a
credit invoice if the Goods delivered do not match the description given in
Your Order.
3.
Delivery
a. We will despatch the Goods to
an address in the United Kingdom during normal business hours within 5 days
of the date of receipt of your Order.
b. We do not deliver outside of
the United Kingdom.
c. We will, unless otherwise
agreed, despatch the Goods by Parcelforce or Royal Mail and charge You our
standard handling charge of £6.00, for each delivery. If You request
delivery by any other method We will advise You of our handling charge.
d. Where We cannot deliver,
whether due to a Force Majeure Event or otherwise, in accordance with the
timescales envisaged at 3(a) above, We will advise You and give You the
option to cancel Your Order or to accept a revised delivery date. We may
make a partial delivery of your Order where not all items are available.
e. We will arrange the return of
the Goods and issue You a credit invoice where We are responsible, and You
have been charged, for a duplicated delivery.
f. We may refuse to accept the
return of any duplicate Order or to issue You a credit invoice where, in our
reasonable opinion, the Goods were delivered in accordance with a valid
Order. In those circumstances, unless we agree otherwise, You will remain
liable to pay Us the Price together with the delivery fee and any other
applicable taxes or duties in accordance with clause 7.
g. Where We do accept the return
of duplicated Goods delivered in accordance with a valid Order, We reserve
the right to apply an administration charge of £10.00 per item for goods
incorrectly ordered.
h. Nothing in this clause 3
affects the rights of Consumers as set out in Clause 9 below.
4.
Damage or Loss in Transit
a. We will replace at no extra
cost to You any Goods damaged on or before delivery, provided that You
notify Us of the damage by telephone or in writing within 7 working days
after receipt of the Goods.
b. Subject to clause 4(a) above,
We will replace at no extra cost to You, any Goods which in Our reasonable
opinion have been lost in transit provided that You notify us by telephone
or in writing if the Goods fail to arrive within 28 days after the
anticipated delivery date.
5.
Ownership of the Goods
a. Ownership of the Goods will not
pass to You until We have received full payment for them.
b. If You become insolvent before
We have received full payment for the Goods, We may take the Goods back at
Your expense. In the event that You become insolvent, You authorise Us or
Our agents or representatives to enter Your premises in order to take back
the Goods or to inspect the Goods.
6.
Warranty
a. Subject to clause 6(b), We
warrant that the Goods are of a satisfactory quality and reasonably fit for
their normal purpose. We do not give any other warranties in respect of the
Goods, their condition or delivery, and any warranties implied by statute
are excluded to the fullest extent permissible under law.
b. These Terms and Conditions do
not affect any statutory rights You may have.
c. If you believe that the Goods
are not of a satisfactory quality, You may, within 30 days of delivery,
notify Us in writing stating the reason for Your dissatisfaction. If we
authorise return of the Goods and they are returned to Us in their original
condition and at Your expense, We will promptly replace them or refund the
Price of such Goods.
7.
Payment
a. All payments shall be made in £
sterling. You are responsible for paying any bank or transmission charge in
addition to the Price.
b. Payment will be accepted by
Credit, Debit Card, cash or cheque,
8.
Intellectual Property Rights
You will not do, or permit to be done, anything that may detrimentally
affect Our copyright, trade marks or any other intellectual property rights
in the Goods.
9.
Cancellation of Order
i. You may cancel your Order at
any stage before the Goods have been placed in our order processing system.
ii. Orders may not be cancelled
once the Goods have been unsealed.
10.
Waiver & Severability
a. Our failure to exercise or
delay in exercising any of Our rights or remedies under these Terms and
Conditions does not constitute a waiver of such rights or remedies.
b. If any provision of these Terms
and Conditions is found by a court or administrative body of competent
jurisdiction to be invalid or unenforceable, it shall not affect the other
provisions of these Terms and Conditions which shall remain in full force
and effect.
11.
Communications
a. Apart from Orders placed
pursuant to clause 1 above, any notices, request or other communication
required under these Terms and Conditions shall be in writing, and may be
delivered by post or facsimile.
b. Notices will be deemed to be
delivered within 48 hours of posting where they are delivered by ordinary
first class mail to an address within the UK , or where they are sent by
fax, on receipt of a successful facsimile transmission report.
c. Notices shall be delivered to
Us at the address set out in these Terms and Conditions and to You at the
address to which the invoice is sent or such other address as either party
notifies from time to time.
13.
Variation
These Terms and Conditions are the only terms which apply to this Contract.
Any variation to these Terms and Conditions is valid only if it is agreed in
writing by Our Head of Sales or Our Credit Controller.
14.
Headings
The headings used in these Terms and Conditions are for guidance only and
shall not affect the interpretation of these Terms and Conditions.
15.
Governing Law and Language
a. These Terms and Conditions
shall be governed by English Law and shall be subject to the non-exclusive
jurisdiction of the English courts.
b. These Terms and Conditions are
written in the English language and all notices and communications shall be
in the English language. In the event that these Terms and Conditions are
translated into another language, the English language text shall prevail.
16.
Definitions
In these and any other terms and conditions included in the Contract, the
expressions listed below shall have the following meanings:
"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our acceptance of your Order.
"Customer, (You, Your)" means whoever places the Order for the Goods with Us.
"Force Majeure Event" means any circumstances beyond Our reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, as a result of which the Goods are unavailable.
"Goods" means any items offered for sale by Us and requested by You in the Order.
"Order" means Your request to purchase any Goods.
"Price" means that amount quoted in Our current price list from time to time plus delivery costs and any applicable Value Added Tax or other taxes or duties.
"Seller (We, Us, Our)" means NewDale Technical Services Ltd (ndts Ltd), a company registered in England under number 6304834 and whose registered office is at The Light House, 8 Tyneview, Blaydon-on-Tyne, NE21 5DT, and its authorised representatives and assignees. Our VAT registration number is 856 436 792 and our email address is MAIL@NDTEKS.CO.UK.
"Term" means the period of 12 calendar months commencing on the date of the first delivery of the whole or any part of the Goods or any subsequent anniversary thereof.
"Website" means Our websites to be found at www.NDTekS.co.uk