General
Terms and Conditions of Sale
Products and Services
(Products) are sold by NCH Associates (NCH) on the following general terms which
cancel all previous general terms and conditions of sale. Where applicable,
special terms and conditions of sale are specified in NCH catalogues, price
lists, quotations or other literature.
Payment
Accounts
for Products are payable at the following postal address
N
C H Associates
299-301
Charminster Rd.
BOURNEMOUTH
BH8
9QP
Until
a credit account is established, all business with new customers is on a cash
basis unless otherwise agreed.
Non-payment
by the due date entitles NCH to cancel the contract or to suspend deliveries or
support without further notice.
All
prices will be those ruling at the date of delivery or those
quoted.
NCH
price lists do not constitute an offer.
All
prices are exclusive of any applicable VAT, which the customer shall be
additionally liable to pay NCH.
In
case of delays caused by circumstances beyond the control of NCH or NCH
suppliers, NCH shall have the right to either suspend deliveries without notice
or cancel the contract without liability.
By
way of illustration and not of limitation, the following are to be treated as
uncontrollable events: strike, lockout, riot, revolution, mobilisation, war,
epidemic, official regulations, transportation difficulties, working
difficulties, machine breakdown, fires, failure of suppliers, or other causes,
whether similar or not.
Products
are supplied subject to the following conditions.
a.
Products shall remain in their original packaging and the marks, numbers or
references indicated on the Products or packaging shall neither be covered,
defaced, altered or erased.
b.
Products normally shall be resold at any trade level only by qualified personnel
and in premises suitable for their storage, display and sale under satisfactory
conditions.
NCH advertising and display
material is supplied to the customer for his own business. The customer must not
in any way imply that he is the agent of NCH, since this implies one who acts on
behalf of and with authority from a principal.
Customers
considering advertising are invited to consult the relevant NCH
department.
In
the case of legal disputes, the law and the courts of England shall
apply.
Any provisions of the
customer’s order which conflict with, or are in addition to, the general terms
and conditions of sale and conditions of sale or any special terms of business
will be excluded.
Consequences
of the non-application of a clause in the present Terms and Conditions of
Sale
Should any of these general
terms of business and conditions of sale be inapplicable, this would not imply
that the rest of the present terms do not remain valid.
Any
verbal agreement that does not conform to the present terms, shall not be
binding on NCH unless it has been confirmed by NCH
in
writing.
a. Unless
otherwise agreed, the granting of credit facilities is made on the condition
that payment is received by NCH at the postal address referred to above, 14 days
after the date of invoice, and NCH reserves the right to withdraw credit
facilities forthwith if this condition is not observed.
b.
NCH may charge interest on overdue accounts from date of invoice until the date
of actual payment in accordance with the Late Payment of Commercial Debts
(Interest) Act 1988.
a.
Products supplied by NCH are delivered at the risk of NCH, unless a customer
stipulates a special method of delivery, in which event Products are delivered
at the risk of the customer and an extra charge may be made for
delivery.
b. Any
stated delivery date constitutes only a warranty for NCH to use reasonable
endeavours to effect delivery by or about that date. No liability will be
accepted by NCH for failure to meet delivery dates, however
caused.
c. In any
event, any liability for loss or damage in the course of delivery shall in all
circumstances whatsoever be limited (at the option of NCH) to the repair or
replacement of the Products concerned or to the crediting of the customer with
the invoice value of such Products.
d. In the
event of damage, the customer must advise NCH of any such damage, within 48
hours of delivery. No claim for damage will be allowed if advice is beyond this
time limit.
Product may only be returned
to NCH after first obtaining NCH’s agreement to do so. Whenever NCH agrees to
accept goods for return, it will do so by issuing a Returns Material
Authorisation (RMA) number. NCH drivers or its delivery carriers are not
authorised to collect products for return without an appropriate reference
number and any items received at NCH’s warehouses that do not clearly display an
authorised RMA number, will be rejected. All returns must be completed within 10
days of the issue of an RMA number.
Dead
on Arrival (DOA)
Any
product that has been received by an end-user and deemed to be non-working or
faulty, within 10 days from date of end-user invoice, is deemed to be DOA.
Provided the defect is confirmed by NCH technical support and the end-user proof
of purchase date is supplied, such products will be replaced for a new unit,
stocks permitting or for a purchase price credit, where stocks are no longer
available. Any Products exceeding this 10 day period and/or that were originally
purchased from NCH over a period greater than 6 months (hardware) or 12 months
(software) will not qualify for replacement or credit and will fall under the
standard warranty terms and conditions of the
manufacturer.
All
products are supplied with the benefit of the manufacturers warranty agreement
and warranty process.
All
works carried out by NCH are warranted against faulty workmanship for a period
of 12 months from the date of the works being carried out.
The
warranties are void if any third party is permitted to have access to the
warranted supplied goods or works without the written permission of
NCH.
Damaged
Goods
Any
products received visibly damaged must be notified, in writing or via email, to
NCH within 48 hours of receipt. All such units will be replaced provided the
damage was incurred prior to receipt by either the customer or the customer’s
carrier.
Generally, non defective,
undamaged goods will only be accepted back when they have not been supplied to
order. In exceptional circumstances
NCH may allow the return of certain non-defective goods, however such returns
will be on a case-by-case basis and will be subject to a re-stocking fee. Such
requests should be made to NCH’s sales department. All non-defective returns
will only be accepted for goods that are received at NCH’s warehouse in a
pristine condition – i.e. undamaged, unmarked, unopened and together with any
accessories or cables as originally supplied. The customer is entirely
responsible for the transportation and packaging of such
goods.
Until
full payment has been received by NCH for all products whatsoever, supplied at
any time by NCH to the customer.
a.
property of the products shall remain in NCH.
b.
the customer shall store the products in such a way that they can be readily
identified as being the property of NCH, and at all times in accordance with
NCH’s recommendations.
c.
subject to (d) and (e) below, the customer shall be at liberty in its own name
(but not on behalf of or in the name of NCH) to sell the Products in the
ordinary course of business, on the basis that the proceeds of the sale shall be
the property of and held on trust for NCH.
d.
NCH may at any time suspend or revoke the customer’s power of sale by notice to
the customer if the customer is in default for longer than 14 days in payment of
any sum whatsoever due to NCH or if any Bill of Exchange, cheque or other
negotiable instrument drawn or accepted or endorsed by the customer in favour of
NCH is dishonoured on presentation for payment.
e.
The customer’s power of sale shall automatically come to an end if a Receiver is
appointed over any of the assets or the undertaking the customer or a Winding Up
Order is made against the customer or the customer goes into voluntary
liquidation (otherwise than for the purpose of reconstruction or amalgamation)
or causes a meeting of, or makes any arrangement or composition with creditors
or commits any act of bankruptcy:
f.
upon revocation or determination of the customer’s power of sale under (d) or
(e), the customer shall place the Products at the disposal of NCH, which shall
be entitled to enter upon any premises of the customer for the purpose of
removing such products from the premises.
Where
payment is made by cheque, NCH shall not be deemed to have relieved payment
until the cheque has been cleared.
Not
withstanding the foregoing, risk in the Products shall pass to the customer on
delivery except where the customer requires a special method of shipment in
which case risk shall pass to the customer when the products leave NCH’s
premises.
The
customer shall ensure that any safety information of whatever kind provided by
NCH in relation to the Products supplied is passed, where the Products are
supplied for use at work, to the customer’s employees or, where the Products are
supplied for resale to the subsequent purchaser the customer shall not alter,
mask or remove any such safety information from the
Products.
NCH
will repair or at its option, replace or credit the customer with the invoice
value of any products found to be defective or faulty in all circumstances
whatsoever the liability of NCH, in respect of any failure to comply with the
contract or other breach of duty shall be limited to such repair, replacement or
credit.
NCH
reserve the right to alter or amend these General Terms & Conditions of Sale
for any particular class of Products or customer with reasonable
notice.