Terms and Conditions
1. Acceptance of OrdersAll contracts of sale made by Vand Information Systems Limited T/A Maple Systems ("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 subject to all these conditions of sale unless otherwise varied by agreement in writing. These Terms and Conditions do not form the full basis of sales/contracts. Please refer to the terms specific to those sales/contracts.
2. Carriage, Post & Packing
Charges are made to cover the cost of post, packing and delivery (where such a charge is required by company policy) and are charged at the rate prevailing at the time.
3. Prices
Goods are invoiced at the prices ruling at the time of order. However, the Company reserves the right to modify prices at any time. VAT will be added at the prevailing rate in accordance with government legislation.
4. Delivery
(a) Any date or time specified 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 stated time. 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 delivery of all or any of the goods howsoever caused.
(b) 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.
(c) The Customer shall be bound to accept the goods when they are ready for delivery by the Company and delivery will be deemed to have taken place when the goods are delivered to the Customer at the nominated address or by a nominated carrier as the case may be, whereupon the risk of loss, breakage or other damage whatsoever will pass to the customer.
(d) 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, and the Company is accordingly liable to the customer (in the cheapest available market) of similar goods to replace those goods not delivered over the price in question. Furthermore, the Company shall not be liable for any loss of profit or other consequential loss and it's liability (whether in contract or otherwise) shall in no case exceed the price of the article or articles in question.
(e) 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 select to store the goods pending their actual delivery, and the Customer shall be liable for the costs (including insurance) of so doing. The Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer. Alternatively, the Company can sell the goods at the best price readily obtainable and (after deducting reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer any shortfall below the price of the contract.
5. Payment Terms
Unless expressly stipulated by the Company, Credit Account Invoices are due and are payable in sterling 28 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 at 4% above Barclays Bank PLC base lending rate calculated on a daily basis for the total time the overdue amounts are outstanding. Payment shall be deemed to be received only when the full amount of the invoice has been credited to the Company's bank account and without recourse of the Company has received the full amount in cash.
6. Product Specifications
Whilst the Company will make every endeavour to deliver the goods as they have been described by any individual or company brochure, actual dimensions may in certain circumstances vary. The Company reserves the right without prior notice to vary the dimensions, specification and quantities of any of the goods without any liability to the Customer arising directly or indirectly from any such variation.
7. Supply In the event that the Company is unable to supply goods as ordered by the Customer, the Company reserves the right to offer goods of equal or superior quality comparable to or compatible with the goods at the same price.
8. Property and Title
Ownership of these goods shall remain with us until full and final payment has been received. Where these goods have been incorporated into the fabric of the customer's premises, ownership shall remain with us until full and final payment has been received in respect of the goods, services and transportation costs. In case of resale our beneficial entitlement shall attach to the proceeds of the sale.
9. Force Majeure
In the event that the Company is prevented from carrying out it's obligations under a contract for sale 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 by third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
10. Returns
Items should be returned within seven days of the invoice date in an undamaged, unopened, fully marketable state to the Company by prior agreement and after the acquisition of a valid Return Authority Code (RAC) from the Company which should be clearly displayed on the box(es). Goods without a valid RAC shall not be accepted. The Company reserves the right to make a handling and administration charge.
11. Warranty
All goods sold by the Company are warranted free from defects in materials and workmanship for a period of 12 months, or less if the manufacturer's warranty is less than 12 months, from date of invoice. If within the warranty period the appliance proves to be defective by reasons of faulty design, workmanship or materials, the Company undertakes, subject to the following conditions, to have the defective appliance (or any part thereof) repaired or replaced free of charge. 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 of the Customer, its employees or agents or through use contrary to the manufacturer's instructions by 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. If at any time during the warranty period any part or parts of the appliance are replaced with a part or parts not supplied or approved by the Company or of a objective quality safe and suitable for the appliance, or the appliance has been dismantled or repaired by any person not authorised by us, we shall have the right to terminate this warranty in whole or in part immediately without further notice. The purchaser's sole and exclusive remedy under this warranty against use is for the repair or replacement of the appliance or any defective parts or parts, and no other remedy, including, but not limited to, incidental or consequential damage or loss of whatsoever nature shall be available to the purchaser. Our decision on all matters relating to complaints shall be final. Any appliance or defective part which has been replaced shall become our property. For products returned, the Customer is responsible for transport charges to and from the Company's premises and for any charges and duties levied on importation and compliance with HM Customs and Excise regulations in all respects on importation and re-export. In the case of extended on-site warranty, it is the responsibility of the purchaser to complete all the registration documents and return them within the specified time constraint. Failure to return the registration documents in time could result in loss of warranty cover or delay in providing services.
12. Cancellation
Since under normal circumstances goods are despatched the same day as receipt of order the Company reserves the right not to accept cancellation of orders. Where cancellation is accepted the Company reserves the right to indemnify from the Customer in full for costs incurred.
13. The Company's Liability
(a) The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever incurred.
(b) 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. (c) Goods are not tested or sold as fit for any particular purpose or for any use under any specific conditions.
14. Health and Safety At Work Act 1974 and Consumer Protection Act 1987
In compliance with the above legislation the Company confirms that the goods supplied by the Company do not present a hazard to health and safety when properly used for the purpose for which they were designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.
15. Miscellaneous
(a) If any provisions hereof shall be held to be invalid, illegal or not enforceable the validity and enforceability of the remaining provisions shall not in any way be effected or impaired thereby.
(b) 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.
(c) All headings are for convenience only and do not form part of these Terms and Conditions.
(d) Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class pre-paid 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 forty eight hours after posting if posted as aforesaid.
(e) 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.
