Terms & Conditions
Conditions of Sale
1.1 APPLICATION - These conditions shall apply to any contract for the sale of goods ("the goods") by NETAGON LTD, ("the company") (any such contract being referred to below as " the contract", and the buyer as ("the customer").
1.2 No other standard conditions or terms shall apply. If any term put forward by the customer is inconsistent with these conditions or any other term specified by the company, the company’s acknowledgement of order shall be deemed to be a counter offer capable of acceptance by any conduct on the part of the customer indicating intention to proceed with the sale.
1.3 All customers need to be aware that these Conditions of Sale supersede any previous Conditions of Sale and Trading Terms and Conditions. Any contractual obligations that the company have entered into will be superseded by these Conditions of Sale.
2. AGREEMENT - The Company shall be bound by any Contract only on dispatch of an acknowledgement of order.
3. PATENTS - Many of the Company’s products are subject to patents, registered designs, copyright or other intellectual property rights in the United Kingdom and abroad. Action will be taken against counterfeiters to protect the Company’s rights.
4. DESIGN and SPECIFICATION - The Company may withdraw or modify any design or specification of the Goods at any time without notice to the Customer.
5. PAYMENT - The Customer shall pay the price in respect of each instalment of the Goods within 30 days after the date of invoice (which shall be sent after delivery or tender delivery). After that period, the Company may recover by action the whole or any part of the price, which is due and unpaid, in addition to any other rights or remedies and notwithstanding Condition 9 below.
6. TIME OF DELIVERY - Any delivery time or date given by the Company is an estimate only and not a term of contract, and the Company shall not be liable for any loss or damage in respect of any delay in delivery howsoever arising. If at the time of order the Goods are not immediately available for delivery the Company shall deliver the Goods when they become available, unless otherwise requested in writing by the Customer at the time of order.
7.1 ACCEPTANCE - Within 7 days after delivery, the Customer shall check the Goods delivered and give notice to the Company and the carrier by letter or telex of any damage or defect or shortage. If nothing has been delivered within 14 days after the date of invoice, the Customer shall immediately give notice to the Company by letter of telex.
7.2 The Goods or any instalment shall be deemed to have been accepted by the Customer and to comply with the Contract in all respects unless the Company gives such notice.
8 RISK - Risk in respect of any instalment of the Goods shall pass to the Customer on delivery to the Customer or to any third party on behalf of the customer, and the customer shall be responsible for insurance from that time.
9.1 RESERVATION OF TITLE - Property in the Goods shall pass to the Customer on payment (meaning, in relation to a cheque, honouring of the cheque) of all amounts due to the Company under the Contract.
9.2 Until such payment:-
9.2.1 property in the Goods shall remain with the Company
9.2.2 the Customer shall keep the Goods in its possession as bailee and take all reasonable care of them;
9.2.3 the Customer shall keep the Goods separate from other goods and identifiable as the Company’s Goods and fully insured for the benefit of the Company;
9.2.4 the Company may at any time without notice recover the possession of the Goods and the Customer grants the Company irrevocable licence to enter for that purpose any premises then occupied by the Customer.
9.3 Any goods manufactured or supplied by the Company and in the possession or control of the Customer shall be deemed to have been supplied by the Company pursuant to the most recent contract of sale between the Company and the Customer in respect of Goods - of the same type, unless there is conclusive documentary evidence to the contrary.
9.4 Whilst the Customer retains possession of the Goods and the Company has not given notice of intention to recover possession, the Customer may (acting on its own behalf and not as agent for the Company) sell the Goods in the ordinary course of its business. In that event, the company shall be entitled absolutely to the proceeds of the sale, and customer shall pay the proceeds into a separate bank deposit account and shall hold the same to the Company on Demand.
10. WARRANTY - If on delivery there is any damage defect or shortage in the Goods, and the Customer gives due notice under Condition 7 above and returns the damaged or defective Goods to the Company, the Company shall replace the damaged or defective or missing goods or (at the Company’s option) credit the Customer with the amount of the price attributable to those goods.
11. EXCLUSION OF LIABILITY - Except where the Contract is a consumer transaction (within the meaning of S.I 1976 Number 1813 as amended) and otherwise to the extent permitted by statue:-
11.1 the customer acknowledges that the Company gives no warranty or representation and the Contract does not contain any condition warranty or term whether express or implied pursuant to statue or otherwise as to the quality or fitness for any purpose (whether or not such purpose be known to the Company) or correspondence with sample of the Goods, except under condition 10 above.
11.2 the Company’s obligations under Condition 10 above shall be in substitution for and the Customer waives any claim in respect of any other condition warranty term or representation and any other obligations or duties whatsoever (whether in Contract or negligence or pursuant to Statute or otherwise) of the Company its subsidiary and associate Companies employees and sub-contractors.
11.3 the Company shall not be liable in respect of any consequential loss or damage (including, without limitation, any work done or expense incurred or damage to property or loss of profit suffered by the Customer or any liability to a third party pursuant to resale of the Goods or otherwise) however caused or arising.
12. FORCE MAJEURE - The Company shall not be liable in respect of any loss or damage caused by or arising out of any circumstances outside the Company’s reasonable control (including, without limitation, government regulations or orders, war, civil disorder, fire, flood, drought, tempest, theft, industrial dispute, delay by suppliers, carriers or other sub-contractors, or inability to obtain materials labour or manufacturing services from usual sources).
13. CUSTOMER’S DEFAULT - If the Customer shall fail to observe or perform any of these Conditions or if a receiver of the Customer’s assets shall be appointed or if a resolution or petition to wind up the customer shall be passed or presented, the Company shall be entitled (in addition to any other rights or remedies) immediately to suspend performance of the company’s obligations under the Contract, or to terminate the contract or to suspend and later terminate.
14. VARIATION - The Customer shall not reply upon any variation or waiver unless confirmed in writing by the Company.
15. LAW AND JURISDICTION - The Contract shall be subject to and interpreted in accordance with English Courts.
16. NOTE - Due to the quantity of suppliers that we deal with, we cannot be held responsible for items that become deleted,discontinued or out of stock without notice.
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