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1.General
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Any contract entered into by V J Tech Ltd
(V.J.T.) for the supply of goods or supplies shall incorporate these terms and
conditions unless waived in writing by V.J.T and shall be deemed to be
concluded only upon the written acceptance by V.J.T of the Buyers price or
offer. All orders and contracts are subject to the Buyers credit standing being
acceptable and approved by V.J.T. 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.
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2.Prices |
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Unless otherwise specifically quoted, firm
orders are accepted only when acknowledged by V.J.T and prices are exworks and
exclude packing, freight insurance, postage, port or air port costs unless
stated to the contrary in writing. V. J. T. reserves the right to alter prices
without notice, to cover increases in the cost of any materials or labour.
Prices will be firm for 30 Days, unless otherwise stated in writing.
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3.Quotations , Acknowledgements & Invoices and Delivery.
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V. J. T 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
dated.
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4.Force Majeure
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All contracts are subject to V.J. Ts 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 V.J. T. which affects or interferes with production, shipment,
transit or delivery of the goods subject to contract.
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5.Loss or Damage in Transit
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In the case of any loss or damage in
transit, the buyer must notify the carrier and V.J.T. in writing, such written
notice must be given in the case of non-delivery within 14 Days of the dated of
dispatch and in the case of damage, errors or shortage within 7 Days of
receipt.
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6.Property & Patents
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Property in the goods shall not pass from
V.J.T. until the goods and all materials supplies and all work done shall have
been paid in full. V.J.T. accepts no liability for the consequence or
infringement by the buyer of any patents or similar monopoly rights.
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7.Jurisdiction
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All contracts shall be deemed to have been
made in England, unless otherwise agreed by V.J.T. 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 U.K; 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.
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8.Warrenty
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V.J.T. undertake to repair or replace any
goods manufactured by V.J.T. and found in the reasonable judgement of V.J.T. to
be defective in material or workmanship.V.J.T. 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 V.J.T, the Buyer shall,
at his cost, return or procure the return the return of the goods alleged to be
defective to V.J.T or where applicable to an authorised dealer or distributor
of V.J.T who may carry out repairs or make good in accordance with the
arrangement from time to time between V.J.T. and the dealer within the
appropriate warranty period. Where goods are not of V.J.T. manufacture the
warranty issued by the manufacturer shall be passed onto the end-user for his
warranty period.
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V.J.T. shall not be responsible under this
warranty if:
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- 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 V.J.T liability under the warranty contained in this clause is limited to
the repair or replacement of defective goods and making good defective
workmanship.
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9.Paying & V.A.T
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U.K. customers, unless otherwise agreed by
V.J.T shall pay cash on delivery. New customers must provide V.J.T with two
trade references and one bank reference at the time of placing their first
order of wishing to purchase on credit terms, after agreement by V.J. T. Buyers
having their place of business, or residence, located outside the U.K shall pay
cash against documents in London covered by an irrevocable letter of credit in
Ponds Sterling for the full value of the goods, unless agreed by V.J. T. in
writing.
VAT on the services and other items covered by this agreement shall be charged
at the current rate from time to time.
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10.Accounts & Interests
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All accounts are payable on demand but in
all cases not later than thirty days after the issue of an invoice. V.J.T
reserve the right to charge interest at 2% per month where payment is not made
by the due date.
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11.Where the Purchaser comprises
two or more individuals their liability hereunder shall be joint and several
for any monies and liabilities.
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12.V.J.T. 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 V.J.T.
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13.Goods returned to V.J.T under
warranty shall be delivered to V.J.Ts premises at the purchasers 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 charge of 10% of invoice
value for testing by V.J.T.
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14.V. J. T reserve the right to
make structural and design modifications from time to time without prior
notification to cover continual technical innovations and improve V.J.Ts
appliances.
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15.Where V.J.T. has manufactured
the goods to the design of the purchaser wholly or partially no liability is
accepted by V.J.T. for design errors which shall remain the responsibility of
the purchaser.
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16.The Purchaser shall indemnify
V.J.T. against all damages penalties costs and expenses for which V.J.T. may
become liable through any work done by V.J.T. in accordance with the purchasers
specifications which may involve Infringement of a patent or registered design.
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