1. Definitions
1.1 "the Company" means Visakhanet.com
"the Contract" means the Contract between the Company and the Customer for the sale or supply of Goods or services.
"The Customer" means the person, firm or Company with whom the Contract is made by the Company
"the Goods or Services" means any Goods or services that the Company supplies is in accordance with these conditions.
1.2 These Terms and Condition of Sale supersede any previous Terms and Condition of Sale by the Company.
1.3 These Conditions may only be varied with the express written agreement of the Company.
2. PRICES
2.1 All prices quoted are exclusive of Value Added Tax and other taxes, insurance, freight and handling charges.
2.2 Prices are subject to change without notice, where the Company has incurred increased costs due to currency exchange rate, import duty change, increased freight cost, increased prices from supplier or surcharges.
2.3 The Company retains the right to invoice Goods at the price ruling at the time of despatch.
3. ORDERS AND DELIVERY
3.1 Customers shall follow any telephone orders with a written confirmation duly marked with any confirmation references.
3.2 The Customer is responsible for verifying the suitability and compatibility of Goods before purchasing.
3.3 The Customer shall instruct the Company with shipping instructions and delivery address, if no specific instructions are given, the Company will select a reasonable delivery method to provide a timely delivery, to the invoiced address.
3.4 The delivery dates quoted whether verbally or otherwise are estimates only and not of any contractual effect.
3.5 The Company shall be entitled to make partial deliveries by instalments and these conditions shall apply to each partial delivery.
4. LOSS OR DAMAGE IN TRANSIT
4.1 The Company will not be responsible for damage to any of the Goods or loss of the Goods or part thereof due to mishandling in transit.
4.1 The Customer shall inspect the Goods as soon after delivery as is reasonably practicable and in any event within 48hours after delivery.
4.2 Damages should be notified in writing to the appropriate carrier and the Company within 48hours of delivery.
4.2.1 Any shortages, discrepancy of description, loss of Goods must be notified in writing to the Company within 48hours after delivery.
4.3 If the Customer fails to notify the Company within such time then the Goods shall be conclusively presumed to be in accordance with the contract.
5. OWNERSHIP
5.1 At the companies discretion, the title (ownership) of the Goods may not pass from the Company to the Customer until the Customer has made a payment in full thereof, (and any other monies owing to the Company).
5.2 If payment is not made in accordance with these Terms and Conditions of Sale. The Company shall have the right (without prejudice to the obligation of the Customer to purchase the Goods, and to any other remedy that may be available to the Company) to retake possession of Goods not fully paid for, and to go upon any premises where the Goods are held by the Customer.
6. PAYMENT
6.1 Subject to any special terms agreed in writing between the Company and the Customer, the full purchase price is payable on demand.
6.2 Payment is COD, cash, cheque, chaps, bank electronic transfer and banker's draft, immediately upon receipt of delivery.
6.3 Credit card payments are subject to surcharge - maximum 3%.
6.4 Notwithstanding any of the terms and conditions hereof the time of payment shall be of the essence of the Contract.
6.5 Interest shall be payable on overdue accounts at the rate of three per cent (3%) above HSBC Bank base rate for the time being in force calculated on a daily basis.
6.6 IF any cheque presented in payment of an invoice by the Customer shall be returned unpaid by the Customers bank then the Customer shall in addition to all other sums payable under the Contract pay to the Company the sum of £20 for each such event or such greater sum as shall represent the cost incurred by the Company by reason of such dishonour or failure as aforesaid. The Company if so wishes can collect from the Customer the Goods until cleared funds are supported for the returned cheque.
6.7 The Customer shall not withhold or contra any payments due against any outstanding RMA.
7. REPRESENTATIONS
THE Company shall incur no liability to the Customer for misrepresentation by virtue of any statement made by or on behalf of the Company prior to the Contract whether orally or in any letter rescind the Contract on the grounds of any such misrepresentation
8. WARRANTY AND RETURNS POLICY
8.1 Warranty period is 12 months from date of delivery or the balance of any warranty period provided to the Company by the manufacturer or it's supplier, on the Goods purchased from the Company, except in the following cases:
In the case of Central Processing Units (CPU's) a period of six
month from the date of delivery.
(ii) Goods that carry extended manufacturers warranty must be dealt directly with the respected manufacturer's service centres.
8.2 THE Company will make good by repair or exchange (at its option with replacements or similar alternatives) such of the Goods or part thereof which is shown to its reasonable satisfaction to have proved defective in materials or workmanship during the Warranty Period.
8.3 The Goods must be unmodified, have been properly used under normal working conditions and have been properly stored installed and maintained. Warranty is void on physical and accidental damage, due to mishandling or careless installation .
8.4 The Company reserves the right to inspect and test all defective Goods, which are under the warranty period. No replacement or exchange shall be made if the returned Goods are found to be not defective or meet manufacturer's specification, or are found not to be sold by the Company, the Customer shall be charged delivery and repackaging of such Goods.
Returns Policy :
The Customer must obtain a Return Material Authorisation (RMA) form from the Company, or through the website www.visakhanet.com
8.5 The Company will issue a RMA number (on only validated defective goods) after receipt from the Customer a duly completed RMA form.
8.5.1 The Customer must only return validated defective Goods in secure packaging with the RMA number clearly marked on the package within 7 working days of the RMA number being issued.
8.5.2 Goods are returned to the Company at the risk and cost of the Customer.
8.5.3 Customer must ensure that returned Goods are complete, including all manuals, cables, and other accessories.
8.5.4 All replacements or exchange swap outs will be based on a like for like basis.
8.6 Where parts only are returned the Company shall not be responsible for installing any such parts after repair or exchange. The Company reserves the right to charge the Customer minimum £35+VAT upon installation of such parts.
8.7 The Company shall be under no liability to the Customer for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Company, its employees or agents.
8.8 IN no event shall the Company be under any liability whatsoever and howsoever arising for any loss of use or loss of profits, interruption of business or any other indirect special or consequential loss of any type arising or alleged to have arisen out of any act or default, whether negligent or otherwise, of the Company in respect of the Company' s obligations under the Contract.
8.8.1 IF the Customer deals as a consumer as defined in S. 12 of the Unfair Contracts Terms Act 1977 the above provisions shall not apply and the Customer's statutory rights under the Sale of Goods Act will be unaffected.
8.8.2 THE Company does not exclude liability for death or personal injury to the extent that it is caused by the negligence of the Company its employees or agents nor for breach of any of the undertakings as to title implied into the Contract by S.12 of the Sale of Goods Act 1979.
9. FORCE MAJEURE
The Company shall not be liable for any delay or failure in performance of its obligations under the contract which is due to or results from any circumstances beyond its reasonable control including but not limited to delays or defaults of suppliers, or the defaults of any sub-contractor, war, strike, lock-out, trade dispute, flood, accident to plant or machinery, shortage of materials or labour. In any such event the Company shall be entitled to delay or cancel delivery of the equipment. If due to any such event the Company has insufficient stocks to meet all its commitments the Company may apportion available stocks between it's Customers at its sole discretion.
10. CANCELLATION
No contract or order may be cancelled without the Company's written consent. In the event that cancellation is agreed for whatever reason the Customer shall indemnify the Company against all cost, claims and expenses occasioned thereby including any consequential loss and loss of profits.
11. JURISDICTION
11.1 The construction, performance and validity of the contract and of these conditions shall in all respects be governed by the laws of England and the parties to this contract hereby submit to the exclusive jurisdiction of the courts of England and Wales |