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Consumer Terms and Conditions
Every
quotation, pro-forma invoice, price list or other
similar document made or issued by Nemax Trade Ltd ("the
company") is made or issued subject to these General
Terms and Conditions of Sale. These terms and conditions
do not affect consumers' statutory rights as contained
in current legislation governing the relationship
between consumers and businesses.
Definitions
The Company means Nemax Trade Ltd. The Customer or you,
means the account applicant or person who buys or agrees
to buy goods from the company.
Online Ordering
To place orders on our online store you must be a UK
registered card holder.
Age
Restrictions
You agree to be of legal age to purchase and/or use any
product that must adhere to official or recommended age
ratings.
Acceptance of Orders
No order resulting from any quotation, pro-forma
invoice, price list or other similar document made or
issued by the company shall be binding unless and until
it is accepted by the company. The company at its
absolute discretion may accept or reject any order
whether on account of the equipment being no longer
available or for any other reason whatsoever.
Product Specifications
The company warrants that the goods will be at the time
of delivery correspond to the description given by the
company. It is the responsibility of the customer to
check the compatibility and suitability of goods for any
particular purpose before ordering. The company hereby
reserves the right to make without notice such minor
modifications in specifications, designs or materials as
it may deem necessary or desirable by experience.
Payment
Payment will be taken from the Customers Credit/Debit
card when the customers ordered goods are on order from
our suppliers or are in stock ready for despatch. The
contract will be deemed as active once payment has been
received by the company.
Despatch
Customers will be given an estimated date of despatch
when placing orders. If these dates are exceeded the
company will endeavour to keep customers informed of the
delay and an expected new delivery date. Customers may
cancel their order at any time prior to despatch by
contacting the Customer Services Department in writing.
This should be sent to the Customer Services Manager at
the company's registered address. If payment has been
made by cheque a refund will be issued within 14 days of
written receipt of the cancellation order.
Delivery
Whilst every reasonable effort shall be made to keep to
any delivery date, time of delivery shall not be of the
essence and the company shall not be liable for any
losses, costs, damages or expenses incurred by the
customer or any other person or company arising directly
or indirectly out of any failure to meet any estimated
delivery date. The risk in the goods shall pass from the
company to the customer upon delivery of such goods to
the customer.
Damages and Shortages
The customer must report any damage or shortage to the
company and the carriers in writing within 7 days of
delivery. Provided prompt notice of transit damage or
loss is given and provided it is proved to the company's
satisfaction that such damage occurred in transit in the
UK but not otherwise, the company will refund, repair or
replace such equipment free of charge to the customer.
Ownership and Risk
The risk in the goods shall pass from the company to the
customer upon delivery of such goods to the customer.
However, notwithstanding delivery and the passing of
risk in the goods, title and property in the goods,
including full legal and beneficial ownership, shall not
pass to the customer until the company has received in
cash or cleared funds, payment in full for all goods
delivered to the customer under this and all other
contracts between the company and the customer for which
payment of the full price of the goods there under has
not been paid. Payment of the full price of the goods
shall include the amount of any interest or other sum
payable under the terms of this and all other contracts
between the company and the customer under which the
goods were delivered.
Warranty & Returns
In addition to any manufacturers warranty all products,
except consumables and input devices, are covered by our
own 12 month return to base warranty. If you wish to
return any faulty item you must first contact our
Technical Support Department and obtain a Product
Returns Number. You may use any manufacturer repair
service or on-site arrangement provided or return the
product to the company. Any on-site arrangements apply
to mainland UK only.
Product Misuse
Should any equipment malfunction as a result of abnormal
environmental factors (including without prejudice to
the generality of the foregoing mains power transients
or dropouts, electromagnetic interference, extremes of
humidity, vibration, electro-static damage , temperature
or pressure or chemical corrosion then all costs
incurred by the company in repairing such equipment and
investigating the causes of the malfunction shall be
payable to the company.
Force
Majure
The company will not be liable for any breach of
agreement, for delay or failure to perform if the delay
or failure is due to acts of God, civil commotion,
riots, floods, drought , fire, legislation or other
cause beyond the companies reasonable control. This does
not affect your statutory rights. If the company choose
not to enforce a right under this agreement, that
decision will not prevent the enforcement of other
rights, or the same right on a later occasion.
Liability
Under no circumstances shall the company be responsible
for any indirect, incidental or consequential damages.
Distance Selling Regulations
The terms and conditions of sale detailed below are
provided for your information, in line with legislation
contained in Consumer Protection (Distance Selling)
Regulations 2000. This legislation covers items bought
where there is no direct contact between the supplier
and the consumer. It does not apply where goods are
bought for business use, from showrooms, fairs or
exhibitions.
TFT,
LCD & Plasma Pixel Policy
A 15 inch LCD display running at a resolution of 1024 X
768 contains 768,432 pixels, each pixel is made up of 3
sub pixels giving a total of 2,359,296 pixels. A 19 inch
LCD display running at a resolution of 1280 X 1024
contains 3,932,160 pixels, and a 24 inch LCD display
running at 1920 X 1200 contains 6,912,000 pixels, having
a few "dead" pixels is not considered a defect.
It is rare for a LCD screen to ship with, or develop
pixel irregularities. If or when a dead pixel occurs, it
is not an indication that more will occur. It is usually
a solitary incident. Therefore, Nemax Trade Ltd feel it
is important to make our customers aware that some
screens may have slight irregularities in the form of
dead pixels. Within the first 28 days from purchase
unfortunately, Nemax Trade Ltd will only be able to
replace a screen that has three or more dead pixels
spread across the screen, or two dead pixels that are
connected to each other. We are sorry for any
disappointment this may cause our customers, however,
the manufacturers of TFT, LCD and Plasma screens dictate
this policy. More information on manufacturer's dead
pixel policies can be found here.
http://en.wikipedia.org/wiki/ISO_13406-2
Please contact our Customer Support Department for any
further clarification regarding this policy.
Your
contract is with:
Nemax Trade Ltd,
Unit 5 Boulevard Factory Estate
Hull
HU3 4AY
Company Registration No 4544704
Company Vat No: GB 806 3907 29
Telephone: 01482 606624
Fax: 01482 215715
If
you have any questions or complaints regarding the
company, these can be addressed to the Customer Services
Manager at the above address. The company will endeavour
to acknowledge written complaints within 5 working days.
The time it takes to reach complete resolution of
complaints will be governed by the nature and complexity
of the issue but we will endeavour to ensure that
consumers are informed of the progress of complaints as
appropriate.
Distance Selling regulations allow for a cooling off
period of 7 days from receipt of goods covered under the
legislation. Customers may return specified goods
without reason within this period for a refund. This
excludes goods made to the consumer's specifications. It
does not apply to goods intended for everyday
consumption. Video recordings or computer software
unsealed by the consumer are also excluded . Goods
returned have to be complete and in a resalable
condition including original packaging. The cost of
returning and appropriately insuring the goods until
satisfactory receipt at the company will be borne by the
customer.
To
cancel the contract under the terms of the Direct
Selling legislation with the company the Customer
Services Manager must be contacted in writing at the
above address within 7 days of receipt of the goods. The
customer will be required to return the goods to the
company before a refund can be processed. The Customer
Services department will then contact the customer with
a RETURN TO MANUFACTURER number within 5 working days.
This number must be quoted on all returned goods so that
the goods can be properly identified . The company
cannot be held responsible for goods returned without
proper identification.
E&OE
Business Terms and Conditions
Definitions
The Buyer means the account applicant or person who buys
or agrees to buy goods from the seller. The seller means
Nemax Trade Ltd. Conditions means the conditions of sale
set out in this document and any special conditions
agreed in writing by the seller. Goods means any goods
or services offered for sale by the Seller from time to
time.
Conditions
These conditions shall apply to all contracts for the
sale of goods by the seller to the buyer to the
exclusion of all other terms and conditions including
any which the buyer may purport to apply under any
purchase order, confirmation of order or similar
document.
No
variation or addition to these conditions shall be
effective unless agreed in writing by the seller.
No
contract for the sale of goods shall arise until the
seller despatches the goods to the buyer or the buyer
notifies the seller in writing of its acceptance of the
seller's quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed
conclusive evidence of the buyer's acceptance of these
conditions.
Nothing in these conditions shall affect the statutory
rights of any consumer.
Prices
The price shall be that on the seller?s current list
price (or if applicable, the price contained in the
seller's quotation).
The
seller reserves the right to revise prices prior to
despatch of goods to reflect any direct or indirect
increase in costs . If the seller revises the price the
buyer must be informed prior to despatch and have the
option to cancel the order. If the buyer cancels the
order due to price revision any money they have paid
will be refunded in full.
All
prices are exclusive of VAT and charges for packing,
postage and carriage plus VAT which shall be paid in
addition.
In
the case of consumer and cleared funds trade sales,
payment must be made in full before despatch of any
goods.
In
the case of pre-arranged account sales, payment is due
in full on the terms of credit agreed which shall not be
more than 14 days from the date of invoice. Time for
payment shall be of the essence and any failure to pay
shall entitle the seller at its option to treat the
contract as repudiated by the buyer or to delay delivery
until paid (in addition to any other remedy).
If
any act or proceedings shall be commenced in which the
buyer?s solvency is concerned, all moneys under any
transaction covered by these conditions shall become
immediately due and payable.
Warranty and Liability
The seller warrants that the goods will be 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
warrants that the buyer is satisfied as to the
suitability of the goods for the buyer's purpose.
Delivery
Whilst every reasonable effort shall be made to keep to
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. Should the seller fail to deliver goods
on an agreed delivery date the buyer shall have the
right to cancel the order and receive a full refund of
any monies paid to the seller.
Failure by the buyer to pay for any instalment or
delivery when due shall entitle the seller to withhold
further deliveries and the buyer shall be liable for any
costs incurred by the seller relating to such goods
which the seller is then entitled to withhold.
Delivery of the goods shall be made to buyer's address
and the buyer shall make all arrangements necessary to
take delivery of the goods whenever they are tendered
for delivery.
Ownership and Risk
The risk in goods shall pass to the buyer when either
the buyer receives the goods or a contract is made but
the goods are kept at the seller's premises at the
buyer's request.
The
seller remains the owner of the goods affected by the
contract until the seller has been paid in full for such
goods.
If
any payment due under these conditions is overdue in
whole or in part, the seller may without prejudice to
any of its other rights recover and/or re-sell the goods
or any of them and may enter the buyer's premises, with
his permission hereby confirmed as a condition of
contract, by its servants or agents to recover the goods
and the buyer shall be liable for all the seller's costs
of so doing.
If
the buyer is a consumer and wishes to reject any of the
goods which are not in accordance with the contract, the
buyer must promptly gives notice of rejection to the
seller and make the goods available for collection by
the seller.
In
the case of any other sale the buyer shall inspect the
goods immediately upon delivery and shall notify the
seller within five days of delivery if the goods are
damaged or do not comply with the contract. If the buyer
fails to do this, he is deemed to have accepted the
goods.
Any
goods in respect of which any claim or defect or damage
is made shall be preserved by the buyer intact together
with the original packing at the buyer's risk and
either: Retained by the buyer for a reasonable period to
enable the seller or its agent to inspect or collect the
goods or At the seller's 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.
Cancellation Returns
No contract shall be cancelled nor shall any goods,
which are in accordance with the contract, be returned
without the prior written approval of the seller and on
terms to be determined at the absolute discretion of the
seller.
Unless the seller at its discretion decides otherwise,
if the seller agrees to accept the return of any such
goods, then: A goods return number obtained from the
seller must be clearly shown on the returned parcels.
The
goods to remain at the buyer's risk in all respects
until received by the seller. The buyer will be liable
for the 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 buyer's fault.
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.
Force
Majeure
The seller will not be under any liability whatsoever in
the event that the seller is prevented or delayed from
supplying or making delivery of any goods by any reason
or cause beyond the seller's control. These events
include acts of God, civil commotion , riots , flood,
drought, fire, legislation or any acts by third party
companies or individuals not either under contract to or
employed by the seller.
No
waiver
The seller's 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 of compliance with any of these conditions.
Liability
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 circumstances
not exceed the price of the goods and the seller shall
under no circumstances be liable for any indirect,
incidental or consequential damages.
Year
2000 Liability
The seller makes no warranty or representation that any
goods supplied by it are or will be Year 2000 compliant
and any terms or conditions which may be implied by
Common Law, Statute or otherwise to the contrary are
hereby excluded to the fullest extent permitted by law.
The seller shall have no liability whether in contract,
tort (including negligence) or otherwise to the buyer
for any loss, damage, costs, claims or liabilities
whatsoever incurred or suffered by the buyer which
relate or are attributable either directly or indirectly
to any goods supplied by the seller to the buyer not
being Year 2000 compliant, save to the extent that we
have given specific written advice. For this purpose,
goods are not Year 2000 compliant if either their
performance or functionality is adversely affected by
the advent of the Year 2000.
These
conditions shall be construed in accordance with English
law.
These
conditions do not affect your statutory rights.
E&OE
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