STANDARD TERMS AND CONDITIONS OF SALE
We agree to supply the products and services you order in return for the payment of the price and according to these terms and conditions.
PRICE Any quote we make to you will be valid for 30 days unless we earlier withdraw it by notice to you. All prices exclude GST, freight costs, installation and any other applicable taxes and duties. You agree to pay these items (as applicable) in addition to the price. If we incur additional costs because of exchange rate fluctuations after the date of our price quotation then we may increase our prices to you accordingly.
PAYMENT AND DEFAULT
You agree to pay us within 14 days of our invoice to you. Failure to do so, may result in (without prejudice to any of our other rights):
These terms apply unless special payment terms are agreed prior to the start of development. Where you have only partly paid for the products and we recover them from you, we will refund the amounts you have paid from the proceeds of resale (if any) after deducting all our costs of recovery and sale (including any legal costs on a solicitor and client basis).
We will use all reasonable efforts to deliver the products and services to you on the agreed date. If you have a discrepancy in your order when delivered you agree to let us know in writing within 48 hours. After that time you agree to have accepted the order as delivered is correct. At our sole discretion, you may return undamaged products within 7 days of delivery to you and you will receive a refund less a restocking charge
OWNERSHIP AND RISK
Risk in the products will pass to you on delivery. Ownership in the products will not pass to you until you have paid in full the price you owe us.
WARRANTIES AND CONDITIONS
Unless you have rights under the Consumer Guarantees Act 1993, or other legislation which cannot be excluded or limited, there are no warranties express or implied. This disclaimer includes implied warranties as to merchantability and fitness for a particular purpose. The Consumer Guarantees Act 1993 will not apply in respect of goods or services which we provide you where you acquire (or hold yourself out as acquiring) them for the purposes of a business as defined in that Act.
REMEDIES FOR DAMAGED OR DEFECTIVE PRODUCTS OR SERVICES
You agree to notify us in writing as soon as you identify any damage or defect in the products or services we supply you, giving us full details. If the products or services we supply you are damaged or defective then we will remedy the problem at our sole option by either repairing or replacing the product, or resupplying the service or if it can not be remedied, we will refund you the price paid. We will not be responsible for any damage or defect where it has been caused by you or people you are responsible for.
LIMITATION OF LIABILITY
Our liability to you shall, subject to any statutory right you may have which can not be excluded, be limited to the remedy or refund under clause 6. IN ANY CASE, WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING ANY LOSS, WHATSOEVER AND HOWSOEVER ARISING OUT OF OUR SUPPLY OF PRODUCTS AND/OR SERVICES TO YOU.
We shall not be liable to you for any delay or failure to perform our obligations due to a matter beyond our control.
You agree that these terms and conditions applied at the time of your order with us, and will apply to future orders you make with us unless otherwise agreed between us. Any terms or conditions to the contrary of these terms and conditions shall not apply.
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