Terms and Conditions of Sale
1.0
Acceptance
1.1
The
‘sale’ is between Argonaught New Technology and the organisation or individual
referred to in the quotation/invoice.
1.2
Products and services purchased from Argonaught New Technology (the “Company”)
are governed by these terms and conditions (the “Terms and Conditions”) which
you should read carefully before purchasing.
By purchasing from the Company you agree to be bound by these Terms and
Conditions. If you do not agree with these Conditions, do not purchase from the
Company.
1.3
Argonaught New Technology requires that orders be submitted in writing (wither
by postal mail, e-mail or fax) although verbal orders will be accepted with the
following conditions:
1.4
Verbal
orders will be accepted by Argonaught New Technology although Argonaught New
Technology will not be liable for any loss resulting in any difference arising
between the products delivered by Argonaught New Technology and those ordered
verbally by the buyer, unless a written confirmation of that verbal order is
received by Argonaught New Technology prior to delivery.
Such written confirmation must be clearly marked "Confirmation only".
Any duplication of orders which takes place as a result of not stating
"Confirmation only" will incur a cancellation charge. No accepted order may be
cancelled or rescheduled except with the express written consent of Argonaught
New Technology.
2.0
Pricing
2.1
For service calls there is a callout charge.
This charge is a distance related fee.
2.2
The
hourly rate for a service call is £25-00.
This charge goes up to £35-00 for service calls that take place outside
of our normal working hours, which are 9am to 6pm Monday to Friday.
Therefore work carried out at the weekend will also be charged at this
increased rate.
2.3
Pricing does not include VAT. VAT is
shown as a separate entry. Any
delivery or carriage charges that are applicable are shown as separate entries.
2.4
For
service calls, if there is no free parking available onsite then local car park
charges will be added to the chargeable amount.
This judgment is to be made by the engineer attending the site.
2.5
Argonaught New Technology retains the right to refuse work based upon the above
pricing, in which case this will be made clear before work is accepted.
2.6
All
invoices shall reflect the quotation given to the buyer by Argonaught New
Technology except where there have been amendments made to the order with the
consent of Argonaught New Technology.
Where a quotation has not been requested by the customer prior to
receiving an order, Argonaught New Technology shall not be responsible for
discrepancies in the invoice amount.
2.7
If the
buyer amends the quantity or delivery date from that specified in the order,
Argonaught New Technology reserves the right to increase prices to reflect such
variations.
2.8
Argonaught New Technology reserves the right to amend accidental errors or
omissions.
2.9
Argonaught New Technology reserves the right to refuse any order.
3.0
Terms of payment
3.1
All sales are subject to the prior approval of Argonaught New Technology.
3.2
Payment is required with the receipt of goods except unless payment is made in
advance.
3.3
If the
customer has an account, the terms of payment are 7 days from receipt of the
invoice except where otherwise stated on the invoice.
3.4
The
buyer shall be in default of payment without reminder.
3.5
In the
event of non-payment, Argonaught New Technology reserves the right to alter
terms of payment, suspend credit and delay shipment and pursue any remedies
available at law or under this agreement
3.6
Late
payments shall be pursued and treated in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998.
4.0
Retention of title
4.1
Title
in the products is rested in Argonaught New Technology until Argonaught New
Technology has received the purchase price in full as well as any other payments
due to Argonaught New Technology from the buyer.
4.2
As
long as the title remains in Argonaught New Technology the buyer must keep the
products free from any charge lieu or encumbrance and mark the products
conspicuously as being the property of Argonaught New Technology and ensure that
such marking is not removed or obliterated and if the buyer is in default in any
obligation hereunder or is insolvent or has a Receiver appointed over all or any
of its assets Argonaught New Technology have the right (with or without prior
notice to the buyer) to retake possession of the goods (and for that purpose to
go onto any premises occupied by the buyer and sever the goods from anything
they are attached to without being responsible for any damage caused) and shall
have the right and power to sell the goods without prejudice to such other
rights as the buyer may have. Such repossession shall not constitute a recession
or termination of the contract between Argonaught New Technology and the buyer
unless Argonaught New Technology expressly elects to do so.
5.0
Limitation of liability
5.1
Argonaught New Technology will not be liable for any damage, loss or injury of
whatever nature whether direct or consequential arising out of or in connection
with any goods supplied or resulting from the use or failure thereof.
5.2
Argonaught New Technology (the ‘Seller’) shall not be liable to the ‘Buyer’ for
any loss (including loss of profit), costs, damages, charges or expenses
incurred by the Buyer or for any loss or damage to or caused by the Service.
5.3
The
liability of the ‘Seller’ under this Agreement howsoever arising shall not
exceed the Price.
6.0
Law
6.1
This
Agreement shall be governed by and construed in accordance with the law of
England
and the parties hereto submit to the non-exclusive jurisdiction of the English
Courts.
6.2
If any
invoice is not found to be correct in all respects, Argonaught New Technology
must be notified immediately. Any
invoice dispute received 14 days from date of invoice will be deemed invalid.
6.3 In
accordance with the Data Protection Act 1998, customer data shall be obtained
for one or more specified and lawful purposes and shall not be further processed
in any manner incompatible with that purpose(s).
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