Any contract entered into by V J Tech Ltd (VJT) for Any contract entered into by V J Tech Ltd (VJT) for the supply of goods or supplies shall incorporate these terms and conditions unless waived in writing by VJT and shall be deemed to be concluded only upon the written acceptance by VJT of the Buyer's price or offer. All orders and contracts are subject to the Buyers credit standing being acceptable and approved by VJT. The terms and conditions set out herein are subject to variation in writing agreed between the parties from time to time. Any additional goods or services required by the Purchaser other than as set out in this agreement shall be charged separately and be sold or supplied on the same terms as set out herein.
Unless otherwise specifically quoted, firm orders are accepted only when acknowledged by VJT. Prices are ex-works and exclude packing, freight insurance, postage, port or air port costs unless stated to the contrary in writing.VJT reserves the right to alter prices without notice, to cover increases in the cost of any materials or labour. Prices quoted will be firm for 30 Days, unless otherwise stated in writing.
3. Quotations,Acknowledgements and Invoices
VJT reserve the right to amend errors and omissions accidentally made in quotations, acknowledgements and invoices.
Delivery dates, whilst offered in good faith, are to be treated as estimates only and the time of delivery shall be deemed not to be of the essence of the contract.The Buyer shall be bound to accept the goods and services when available, for so long as they are available within two months of the delivery date quoted.
5. Force Majeure
All contracts are subject to VJT's right to cancel the same in whole or in part in the case of war, rebellion, hostilities or any local or national emergency, government action, strikes, lock-outs or any other causes which are unforeseen or beyond the immediate control of VJT which affects or interferes with production, shipment, transit or delivery of the goods subject to contract.
6. Loss or Damage In Transit
In the case of any loss or damage in transit, the buyer must notify the carrier and VJT. in writing, such written notice must be given in the case of nondelivery within 14 Days of the dated of despatch and in the case of damage, errors or shortage within 7 Days of receipt.
Property in the goods shall not pass from VJT until the goods and all materials, supplies and work done shall have been paid for in full.
VJT accepts no liability for the consequence or infringement by the buyer of any patents or similar monopoly rights.
All contracts shall be deemed to have been made in England, unless otherwise agreed by VJT in writing, and the construction, performance and validity thereof shall be governed by English law. Where the buyer has his place of business outside the United Kingdom or its residences outside the UK; all disputes with regard to the contract shall be settled by arbitration in London in accordance with the rules for the time being of the International Chamber of Commerce.
VJT undertake to repair or replace any goods manufactured by VJT and found in the reasonable judgement of VJT to be defective in material or workmanship.VJT shall be required to comply with this warranty where such defective material or workmanship is found within twelve months from the date of delivery.
If required by VJT, the Buyer shall, at his cost, return or procure the return of the goods alleged to be defective to VJT, or where applicable to an authorised dealer or distributor of VJT who may carry out repairs or make good, in accordance with the arrangement from time to time between VJT and the dealer within the appropriate warranty period. Where goods are not of VJT manufacture the warranty issued by the manufacturer shall be passed onto the end-user for his warranty period.
VJT do not cover shipping, insurance or any import fees, duties and taxes for the returned product.
VJT shall not be responsible under this warranty if:
• The goods have been improperly maintained, installed or operated
• The goods have been altered or modified so as to adversely affect the operation or use or performance or durability or so as to change their intended use.
The VJT liability under the warranty contained in this clause is limited to the repair or replacement of defective goods and making good defective workmanship.
In no event shall VJT liability exceed the price paid for the product from direct, indirect, special, incidental, or consequential damages resulting from the use of the product, its accompanying software, or its documentation.
UK customers, unless otherwise agreed by VJT shall pay cash on delivery. New customers must provide VJT with two trade references and one bank reference at the time of placing their first order and wishing to purchase on credit terms, after agreement by VJT. Buyers having their place of business, or residence, located outside the UK shall pay by irrevocable Letter of Credit in English, in favour of VJ Tech Ltd, confirmed by a 1st Class London Bank, payable 100% at sight in London, unless agreed by VJT in writing.
Value Added Tax on the services and other items covered by this agreement shall be charged at the current applicable rate.
All accounts are payable on demand but in all cases not later than thirty days after the issue date of an invoice.
VJT reserve the right to charge interest at 2% per month where payment is not made by the due date.
Where the Purchaser comprises two or more individuals their liability hereunder shall be joint and several for any monies and liabilities.
16. Purchaser Information
VJT accept no responsibility whatsoever for any errors loss or damage that may occur as a result of the Purchaser failing to provide full and correct information to VJT.
17. Non-Defective Goods
Goods returned to VJT under warranty shall be delivered to VJT's premises at the purchaser's risk and expense. Goods so returned found not to be defective will be returned to the purchaser, at his risk and expense and subject to a charge of 10% of invoice value for testing by VJT.
18. Changes to Specifications
VJT reserve the right to make structural and design modifications without prior notification to cover continual technical innovations and improvements.
19. Purchaser's Design
Where VJT has manufactured the goods to the design of the purchaser, wholly or partially, no liability is accepted by VJT for design errors, which shall remain the responsibility of the purchaser.
20. Patent Infringement
The Purchaser shall indemnify VJT against all damages, penalties, costs and expenses for which VJT may become liable through any work done by VJT in accordance with the purchasers' specifications which may involve infringement of a patent or registered design. Due to continued development and improvements specifications may vary.