Evatron Plastic Enclosures Ltd. Uunit 24-25 Broughton Grounds, Newport Pagnell MK16 0HZ. Telephone: +44 01908 325100 Email: email@example.com Website: www.evatron.com
TERMS AND CONDITIONS OF SALE Unless otherwise agreed in writing by Evatron Plastic Enclosures Ltd all goods are supplied in the following terms and conditions to the exclusion of any terms and conditions stipulated by the Buyer and any previous representations, warranties or communications not expressly incorporated herein.
1) General – All orders for products and services on the Evatron website are accepted by Evatron Plastic Enclosures Limited (Evatron) subject to these terms and conditions of sale. No other terms will apply to the supply of products by Evatron unless agreed in writing by an authorised signatory of Evatron. All descriptions of the products contained on the Evatron Website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Evatron and the Customer. Evatron may correct any errors in its website without liability to the Customer. The advertising of products and services in the Evatron website merely constitutes an invitation by Evatron for the Customer to make an offer to purchase products.
2) Prices – The prices of the products in the Evatron website are current at the date of despatch. All prices exclude VAT, which Evatron will add at the rate applicable at the date of despatch. Evatron reserves the right to change them without prior notice at any time.
3) Ordering – Evatron reserves the right to decline to trade with any company or person. In addition, Evatron may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt by Evatron of the order. If orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s request) either be put on back order to be fulfilled when Evatron next has available stock or be cancelled.
4) Delivery – Evatron will aim to deliver products in accordance with the Customers order. The Customer’s delivery options, and the prices for them, are set out in the Evatron website current at the date of order or will be notified to the Customer at the time of order. Delivery will be made to the Customer’s usual business address, unless otherwise agreed. Times and dates for delivery quoted in the Evatron website or by Evatron employees are approximate only and Evatron shall not be liable for the consequences of any delay in delivery. If any delivery is late, the Customer must notify Evatron and Evatron will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. Evatron may also, at its discretion, refund the total delivery charge to the Customer.
5) The customer may use their own courier to collect from Evatron. At the request of the customer, Evatron will contact the customer’s courier to collect the goods using the customer’s courier account. It is the responsibility of the customer to approve the delivery charges. Evatron will not accept the charges and will invoice the customer if the charge is passed to them as shipper.
6) Inspection, Delivery Delays and Non-Delivery – The Customer must inspect the products as soon as is reasonably possible after delivery and shall within 5 working days of the date of delivery, give notice to Evatron details of;
i) Any defect in the product that is apparent on reasonable examination. In this case Evatron shall, at Evatron’s discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition.
ii) Evatron shall be under no liability whatsoever (including without prejudice to the generality of the foregoing any liability in tort or for consequential loss or damage of any kind) for breakage or resulting defect occurring after delivery for any defect in or failure of or unsuitability for any purpose of the goods or any part thereof whether the same be due to any act omission negligence or willful default of Evatron or its servants or agents or to faulty design, workmanship or material or any other cause whatsoever, including (without prejudice to the generality of the foregoing) any breach by the Evatron, its servants or agents of any fundamental term or any fundamental breach by Evatron, its servants or agents of any term of the contract of which these conditions form part; and all other conditions, warranties or other terms whether express or implied, statutory or otherwise inconsistent with the provisions of these conditions are hereby expressly excluded.
iii) Any shortfall in products delivered. In this case Evatron shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
iv) Any delivery of products not in accordance with the order. In this case Evatron shall, at Evatron’s discretion, replace the products or refund the purchase price.
v) Any non-delivery of the products (in which event the time limit is within 10 working days of the estimated despatch date). In this case Evatron shall deliver the undelivered products or refund the price of the undelivered products.If the Customer fails to give any such notice, the products shall be presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly.
7) Payment – If Evatron has not granted credit to the Customer, payment terms are cash with order. If credit has been granted, the Customer shall pay the price of the product by the 30th day of the month following the month in which the products are despatched. Evatron maintains retention of title to the products supplied until all monies owing to Evatron have been paid in full.
8) Product Changes and Availability – Evatron reserves the right, without prior notice, to discontinue any product or to make design changes to improve the product.
9) Cancellations and Returns – The Customer may not cancel orders once accepted by Evatron. Evatron may, at its discretion and in writing, allow an order to be cancelled subject to Evatron recovering 20% of the order value from the Customer. In the event of part cancellation, Evatron may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered. The customer may only return products to Evatron, and receive a credit or refund, if the following conditions are met;
i) The Customer must contact Evatron and obtain the prior consent of Evatron.
ii) Returns must be made within 30 days of the date of delivery.
iii) Products must be returned to Evatron in their original condition and packaging and in a condition that will enable them to be immediately fit for re-sale.
iv) The Customer must follow any specific instructions notified by Evatron employees and quote the invoice details from the original despatch paperwork.