Conditions of Sale
Terms & Conditions Of Sale
In these Terms and Conditions the following words and phrases shall have the following meanings:
“The Client or Buyer” is the person, firm or company who purchases the Goods or Services from the Company:
“The Company” means NCSONLINE.co.uk
“Contract” means the Contract between the Company and the Buyer that shall be deemed to incorporate these Terms and Conditions.
“Place of Delivery” means the place to which the goods are to be delivered
Price lists and other advertising literature or material used by the Company are intended only as an indication of products and services offered. The price of the Goods shall, unless otherwise agreed, be the price set out at the time of order. The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall direct.
The Company reserves the right to alter prices without prior notification.
The information on our website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to:
- Correct any errors, inaccuracies or omissions.
- Change or update information at any time without prior notice (including after you have submitted your order).
- Refuse or cancel orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If a credit card has been charged, a credit will be issued.
- Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
3. The Contract
The Contract shall be on these terms only excluding any other previous terms and conditions, or presumed by the Buyer, by the Buyer placing an order with the Company for any monetary value will deem as the Buyers acceptance of these terms in full, any variation to these terms must be agreed and signed off either within a SLA, or by the Current CEO of the company.
The Place of Delivery will be the selected location by the Buyer. The Company shall have the right to deliver in instalments. All deliveries must be acknowledged by the signature of an authorised person, unless otherwise agreed by the Company. If ordered Goods are unable to be accepted by the Buyer at the scheduled time and place, the Company reserve the right to render additional charges.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only and are issued in good faith. If no date is specified for delivery of Goods, delivery shall be within a reasonable time. Any orders under £50.00 net will incur a delivery charge subject to order status. Any orders over £50.00 net will not incur a delivery charge subject to the whereabouts of the buyer. Any orders selected for collection will not incur a carriage charge by the Company. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods. Requests by a Customer for cancellation or amendment of any order or for the rescheduling of delivery will only be considered by the Company in writing and shall be subject to the written acceptance of the Company or if cancelled or rescheduled at the request of the customer, then the customer shall indemnify the Company against all loss costs (including the cost of labour and overheads incurred), damages, charges and expenses arising out of the order and the cancellation.
5. Ownership of goods
Risk in the Goods shall pass to the Buyer on delivery.
Ownership in the Goods shall not pass to the Buyer until the Company has received in full cleared funds all sums due in respect of the Goods and all other sums which are or may become due to the Company from the buyer on any account.
Payment should be made in full to the Company within the payment terms agreed within any SLA issued or any verbal agreement and any attached to these Terms and Conditions, the company will require Payment on Delivery/Collection basis unless otherwise agreed by the Company. Late payment of invoices will incur additional charges at a rate of 10% over the current Companies Bank Base rate at a daily rate, also any trade discount offered at the point of sale will be revoked and the retail price for the goods will apply to all outstanding invoices, the difference will be invoiced separately and will fall due for immediate payment. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
If the circumstances or status of the Buyer changes, for whatever reason (e.g. bankruptcy or receivership, change of name, litigation by the Company or other third parties etc) the Company reserves the right without prejudice, to cancel or suspend trading with the Buyer, including orders in progress and to demand immediate settlement in full of all outstanding invoices, notwithstanding any previous agreement or arrangements, Ownership of the Goods shall not pass to the Buyer until the Company has received in full, cleared funds all sums due in respect of the Goods and all other sums which are or may become due to the Company or the goods to the value of the outstanding debt, if the goods have been sold on to a third party and the invoice for such is unpaid to the Client, then the Client will reallocate and reassign the invoice in regards to the goods amount due from the third party back to the Company for collection of goods or payment of the invoice, either action does not indemnify the Client until either 1. The goods are returned 2. The debt is paid by i] The Client ii] the third party and interest will be incurred until such time passes. The client hereby gives unconditional permission to the Company or any of its representatives to enter any of their premises to collect unpaid for goods or goods to the value of the unpaid amount against the Clients account.
The Company warrants that the goods will be of satisfactory quality and to the specification or within reason of the product ordered.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company by registered mail within 3 working days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question to the following address,
152 City Road,
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The company shall be under no liability if the price for the goods has not been paid by the due date for payment. The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of on return of such Goods, minus any deductions deemed necessary.
The Buyer must return all unwanted goods within 3 days of the delivery date and must be notified to us in writing. The buyer shall pay the cost of returning the Goods. If the Company receives a valid reason for the return of Goods, then the Company may credit the Buyer for cost of returning the Goods. Goods that are deemed to be faulty will be credited in full. Goods ordered in error will incur a 20% Re-Stocking fee.
9. Force Majeure
The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond the Company's reasonable control.
10. Reservation of Title
The goods sold under these Conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the Goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator administrative receiver of the Customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company
Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company's property. Until that time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to the Company for the proceeds of sales of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of the Company but, if the Customer does so, all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
11. Data Protection
We will on occasion whilst you maintain a trade account with us make a search with a credit reference agency. We may also make enquiries about principal directors or any third party whatsoever. This information will be stored as required by the current Data Protection Act. The Buyer shall not use or deal with the Goods or our catalogues, brochures, leaflets, lists or website so as to infringe, interfere with or weaken any of our rights under or in respect of any patents, processes, proprietary information, trademarks, registered designs, logos, artwork or copyright in connection with the goods.
If any part of these Terms is found to be void or unenforceable by any Court of jurisdiction, such part shall be severed from these Terms, which will otherwise remain in full force and effect. These terms shall be governed by and interpreted according to the English law and the parties submit to the exclusive jurisdiction of the English Court.