Vygon (UK) Limited Conditions of Sale
1. General
All quotations are given and all orders are accepted on these terms which supercede any other terms appearing elsewhere and shall overide and exclude any other terms stipulated or incorporated or referred to by the Buyer.
2. Prices
(a) All quoted and printed prices are ex works and where the Seller has undertaken to arrange carriage from its works to the specified place of delivery such carriage shall be charged in addition.
(b) All prices are subject to alteration without notice before delivery. The Seller reserves the right to invoice goods at prices ruling at the date of despatch.
3. Quotations and Invoices
(a) Quotations are subject to confirmation on receipt of order and the right is reserved to amend any errors and/or omissions on quotations or invoices. Where under the Seller’s direct control prices given on quotations will be held firm if an order is received within 30 days from the date of quotations.
(b) Where prices are quoted for specified orders or tenders if the final order is for a lesser quantity than specified or tendered the Seller reserves the right to invoice at a higher price than that quoted or tendered not exceeding its price shown in its Official Price List for the time being.
4. Risk and Damage and/or Loss in Transit
(a) Risk of loss of or damage to the Goods will pass to the Buyer at the time of despatch from the Seller’s works. No responsibility is taken for breakage or loss in transit.
(b) In the event of breakages the carriers concerned and their agents and the Seller must be advised in writing within 7 days after receipt of the Goods.
(c) In the event of non-delivery the carriers concerned and their agents and the Seller must be notified within 14 days after receipt by the Buyer of the invoice.
(d) Property in the Goods shall not pass to the Buyer until the whole of the price has been paid and until payment the Buyer shall hold the Goods on trust for the Seller.
5. Inspection or Cancellations
The Buyer shall inspect the Goods on receipt of the same. No claims can be entertained that the Goods are not in accordance with the contract unless notified in writing within 7 days of receipt of consignment.
6. Amendments or Cancellations
Whilst every effort will be made to meet Buyers individual requirements, amendment or cancellation of a contract or any part thereof can only be made with the consent of the Seller which if given shall be deemed to be on the express conditions that the Buyer indemnify the Seller against all loss or damage suffered.
7. Terms of Payment
Prices are net and no deductions or discounts are allowed unless specifically agreed by the Seller. Unless otherwise agreed all accounts are for settlement strictly net 30 days from date of invoice. Any overdue amount shall bear interest at the rate of 3 per cent above the Bank of England minimum lending rate for the time being.
8. Guarantee and Limitations of Liability
The Seller will make good, by repair or at the Seller’s option by the supply of a replacement or will at its option allow credit up to the amount charged in respect of the relevant Goods, defects which under proper use appear in the Goods within a period of 12 months after delivery and arise from faulty design materials or workmanship and (if the Seller so requires in writing) the Goods in question are returned to the Seller carriage paid. Save as aforesaid the Seller shall be under no liability in respect of any defects in the Goods.
9. Returns
Our company neither replaces nor accepts returned goods without previous written consent. Only unopened, complete boxes of product, with a minimum of two thirds shelf-life remaining will be considered for return. All authorised returns must be made within three months from the delivery date. No returns will be accepted, or replacements made after this time. Vygon (UK) Ltd reserves the right to apply a returns handling charge. Temperature controlled products are non-returnable and are excluded from our returns policy. This does not affect your statutory rights.
10. Descriptions and Specifications
(a) Catalogue and other illustrations and specifications are subject to alteration without notice. They are intended merely to present a general idea of the Goods and nothing contained in any of them shall form part of the contract.
(b) Notwithstanding that a sample of the Goods may have been exhibited to and inspected by the Buyer it is agreed that this was solely to enable the Buyer to judge for itself the quality of the bulk and not so to constitute a sale by sample.
11. Trial Orders
Trial orders are obtainable in quantities of one standard pack and are supplied once only on request at the lowest prices printed on the Seller’s Official Price List for the time being.
12. Quantities
In compliance with D.H. recommendations orders will be despatched to the nearest complete box quantity.
13. Proper Law
All contracts shall be governed by and construed in accordance with the Laws of England.
14. Arbitrations
All disputes or differences between the Seller and the Buyer arising out of or in connection with any contract between the same shall be referred to arbitration under a single arbitrator in London in accordance with the provisions of the Arbitration Act 1950 or any statutory re-enactment thereof.
15. Assignment
No contract with the Seller shall be assignable without the prior written consent of the Seller.