1. Definitions
1.1 The "Buyer" means the Account Applicant or person who buys or agrees to
buy Goods from the Seller.
1.2 The "Seller" means VAGWORX Limited.
1.3 "Conditions" means the Conditions of Sale set out in this document and
any special conditions agreed in writing by the Seller.
2. Conditions
2.1 These "Terms and Conditions" do not affect your statutory rights as a
consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate
these terms and conditions which shall prevail over any other document or
communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it is
preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of
the Buyers acceptance of these Conditions.
3. Prices
3.1 The Price shall be that on the Sellerıs current list price, web site, or
if applicable the price contained in the Sellerıs Quotation
3.2 Should a product's price change between receipt of order and dispatch
the buyer will be notified and given the opportunity to cancel the order and
receive a full refund.
3.3 All Prices are inclusive of delivery to mainland UK addresses. Shipments to overseas addresses will be quoted additionally.
3.4 The total purchase price, including Delivery charges will be
displayed in the Buyer's shopping cart prior to confirming the order.
3.5 In the case of consumer sales, payment must be made in full before
dispatch of any Goods.
3.6 If any act or proceedings shall be commenced in which the Buyerıs
solvency is concerned, all monies under any transaction covered by these
Conditions shall become immediately due and payable
4. Interest on Overdue Invoices
4.1 Interest on any overdue or shortfalls of money shall accrue from the date when payment
becomes due from day to day until the date of payment at 2% above HSBC Bank
PLC base lending rate for the time being in force per calendar month.
5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the Seller. Except where the Buyer is
dealing as a consumer (as defined in the Unfair Contract Terms Act 1977,
Section 12) all other warranties, conditions or terms relating to fitness
for purpose, merchantability or condition of the Goods, whether implied by
Statute, Common Law or otherwise are excluded and the Buyer is satisfied as
to the suitability of the Goods for the Buyerıs purpose.
5.2 While every effort is made to ensure that the product specifications on
this web site are accurate, manufacturers do add and remove functionality in
their products as the software is developed. Inevitably there will be a
delay before the product descriptions are updated reflecting these changes.
It is highly recommended that an evaluation of the chosen product(s) is
carried out to ensure that it meets your functional requirements prior to
purchase.
6. Delivery
6.1 Products supplied within the UK will normally be delivered
within 7 working days of receipt of order.
6.2 Where a specific delivery date has been agreed, and if this delivery
date cannot be met the Buyer will be given the option to agree a new
delivery date or receive a full refund.
6.3 Whilst every reasonable effort shall be made to keep any delivery date,
time of delivery shall not be of the essence and the Seller shall not be
liable for any losses, costs, damages or expenses incurred by the Buyer or
any other person or Company arising directly or indirectly out of any
failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyerıs address and the Buyer
shall make all arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or
upon the Goods being appropriated to the Buyer but kept at the Sellerıs
premises at the Buyerıs request.
7.2 The Seller remains the owner of the Goods affected by the Contract until
the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller within a reasonable time of delivery if the Goods are
damaged or do not comply with any of the Contract. If the Buyer fails to do
this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is made
shall be preserved by the Buyer intact together with the original packing at
the Buyerıs risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its
agent to inspect or Collect the Goods or
b) at the Sellerıs option returned by the Buyer to the Seller who will
refund the cost of postage and packing to the Buyer if the Goods are in fact
defective.
8. Cancellation and Returns
8.1 If it is agreed that the goods are to be returned :-
a) a Goods Return number obtained from the Seller must be clearly shown on
the returned parcels.
b) the Buyer will be liable cost of remedying any damage to the Goods
returned where such damage has, in the opinion of the Seller, been caused by
the Goods being inadequately packaged by the Buyer or through the Buyerıs
fault.
c) the Seller reserves the right to make a handling and restocking charge of
25% on Goods which are returned if they were ordered in error or are no
longer required. If the goods are faulty or being returned under clause 8.2
then the restocking charge will not apply.
8.2 If you are a consumer you have the right, in addition to your other
rights, to cancel your contract with VAGWORX and receive a refund. You must
contact us and inform us in writing of your desire to cancel your contract
within 7 working days of receipt of the relevant product(s). You must return
the goods to us at your cost and we advise you to ensure the goods are
adequately insured during any return journey.
8.3 Boxed software returned under clause 8.1 must be returned with the box
seal unbroken. If the software is delivered electronically we will fax you a
Proof of Destruction form. Once this form is signed & returned and meets our
returns criteria, your account will be credited accordingly.
9. Force Majeure
In the event that the Seller is prevented from carrying out its obligations
under a contract for sale as a result of any cause beyond its control such
as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and
Failure of third parties to deliver goods, the Seller shall be relieved of
its obligations and liabilities under such contract for sale for as long as
such fulfillment is prevented.
10. No Waiver
10.1 The Sellerıs failure to insist upon strict performance of any provision
of these Conditions shall not be deemed to be a waiver of its rights or
remedies in respect of any present or future default of the Buyer in
performance or compliance with any of these conditions.
11. Liability
11.1 Except as may be implied by law where the Buyer is dealing as a
consumer, in the event of any breach of these Conditions by the Seller the
remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential
damage.
12. Complaints
12.1 If you have a complaint about our service or any goods or services you
purchase from VAGWORX Ltd then please contact us immediately. You will be
contacted as soon as possible and definitely within 24 hours of our hearing
from you and aim to provide a resolution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.
13. Misc
13.1 Any contracts shall in all respects be construed and operate as an
English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is
found to be illegal or unenforceable, such finding will not affect the
validity or enforceability of the remainder of these terms and conditions.
