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Terms of Business
About Us This web site is owned and operated by
Liqua Distribution Limited - Liquavision who are completely dedicated to your
total satisfaction. If you have any suggestions or comments or if you need to
contact us, please email us using the link on the contact us page or use the
details below. Liquavision is a trading name of Liqua Distribution Limited
Our Contact details:
Liqua Distribution Limited
The Stables, Kingsley Den, Kingsley Paddock, Maiden Newton DT2 0DR United
Kingdom
Phone: 01300 322925
Fax: 013003 22926
Email: sales@liquavision.com
GB 925 5272 20
Company number: 06478104
Definition of Terms All references to the COMPANY, and to the author or authors
of this document, such as "US","WE", "OUR" or any terms implying title, rights,
ownership or possession shall be understood to refer to Liqua Distribution
Limited.
All references to the CUSTOMER, and to any other unspecified person or persons
shall be understood to refer to the individual, group or organisation that has
entered into a contract or agreement to purchase goods or commission services
from Liqua Distribution Limited
References to the LICENSEE or HOLDER in the case of computer software, designs,
ideas, written materials or schematics shall be understood to refer to the
Customer, as above.
References to any CONTRACT between the Company and the Customer, shall be
understood by default to refer to a formal agreement in writing between the
parties above, that defines the services the Customer has requested from the
Company, or in the alternative, to any agreement deemed a contract in common
law. In the case of the Customer having purchased material goods from, or
through the Company, the Contract shall be understood to refer to the terms and
conditions of this document relating to the sale and supply of goods. It is
assumed that if the Customer commissions a service or places a purchase order
with the Company, that the Customer is agreeing thereby to accept in full the
terms and conditions defined in this document.
DAMAGE shall be defined as any condition in which any physical component part of
a product, machine or system has suffered a permanent, irreversible malfunction.
In the event that the Customer shall accept delivery of any physical component
or product which may APPEAR to have suffered damage in transit or otherwise, it
is assumed that the Customer will take appropriate measures to contact the
Company BEFORE attempting to use said component or product.
GOODS or PRODUCTS shall be defined as any physical item, written material,
schematic, design or computer software supplied by, or purchased through, the
Company, by the Customer.
SERVICES shall be defined as any action taken by the Company, its agents or
employees at the explicit request of the Customer or necessary to perform or
complete a Contract between the Company and the Customer.
COMPUTER SOFTWARE shall be defined as any intellectual (non-tangible) product or
material designed for use on or in conjunction with a computer or data
processing device. This shall include computer programs and computer data but
NOT the medium of its storage or transmission.
MISUSE shall be defined as any use of any device, goods, products or service of
the Company other than that for which they were supplied as defined at the time
of order or contract. This shall include the operation of any such device in
conjunction with equipment it was not designed for use with, or the use of goods
or products under environmental or other conditions other than those specified
at the time of order. It shall also refer to the use of any goods, device,
product or service of the Company in the execution of illegal, unethical or
immoral acts.
Conditions of sale and trading and warranty terms 1) Unless otherwise specified
by contract or bill of sale, all consumer equipment is covered by a 3 month
limited repair warranty for parts and labour only, from the date of purchase.
This warranty shall not extend to reimbursement for labour performed by any
person other than an agent of the Company or other person so explicitly
authorised for the specific repair in question. Where a manufacturers warranty
applies this will take precedence.
2) Liqua Distribution Limited accepts no liability for direct, indirect or
consequential damage to any goods, services or products it has sold or the
Customer's equipment, where installation of a component or sub-assembly has been
performed by any person or agency, other than, or expressly appointed to do so
by the Company. The acceptance of the qualified status or competence of any
person by the Company, its dealers, distributors, agents or employees shall not
be deemed to constitute appointment or even approval by the Company.
3) It is the Customer's responsibility to contact the Company upon receipt of a
visibly faulty component or sub-assembly, or one that may be suspected to be
damaged or faulty, before installing it into other equipment. Failure to do so
shall automatically void any warranty either express or implied made by the
Company.
4) Any damage to goods in transit, or receipt of visibly damaged or
malfunctioning goods must be notified to Liqua Distribution Limited within 3
days of receipt. All packing, documentation and contents must be held for
inspection. In the event of non-receipt of goods, the Customer must notify Liqua
Distribution Limited within 10 days of receipt of invoice. The Company shall not
accept responsibility for locating or effecting delivery of any item where such
notification has not been given. Though a reasonable attempt to do so may be
made at the discretion of the Company.
5) All packing must be retained until the goods are fully tested and functional.
If for any reason the goods are returned, they must be returned in their
original packing material as far as is reasonably possible. This condition may
be waived where re-use of the original packing would not provide adequate
protection for the goods or products. Where the goods consist of electronic or
computer components, materials or sub assemblies that are susceptible to the
effects of electric, magnetic, electromagnetic radiation or fields, or nuclear
radiation, particle emission or static electricity, it is the Customer's
responsibility to ensure that the goods are handled, packed and labelled in
accordance with accepted industrial procedures for doing so. Liqua Distribution
Limited accepts no responsibility for damage to goods which are incorrectly
handled, packed or labelled by the Customer, his agents, employees or any other
person.
6) The Company must be notified and a returns authorisation code obtained before
any goods are returned by the Customer. Any item so returned must be accompanied
by a copy of the sales receipt, invoice or packing note. It is the Customer's
responsibility to ensure that items sent by post or courier are suitably insured
in the event of loss or damage. It is recommended that returned items are sent
via registered mail with consequential loss insurance where necessary wherever
possible.
7) The Company reserves the right to repair or replace at its own discretion,
faulty goods with no charge to the Customer. For any subsequent warranty repair
however, it will be the Customer's liability to pay all carriage charges.
8) Liqua Distribution Limited accepts no responsibility for any expenses
incurred in respect of special deliveries specifically requested by the Customer
or any expenses for deliveries to destinations outside the mainland United
Kingdom. These expenses will not be met or refundable in any event.
9) The Company shall not accept any liability for the supply of incorrect goods
(whether by type, quality or quantity) or damaged goods etc., where the customer
or his agent has collected goods from the Company. It is assumed that any
Customer or agent collecting goods shall exercise his right to inspect the goods
before removal and the removal of said goods by the Customer or agent shall be
deemed as their unconditional acceptance in full satisfaction of the terms under
which they were offered.
10) The Company does not accept any responsibility for any damage to Customer's
equipment caused by abuse or misuse of any product supplied or repaired by us.
This includes use of such goods in, or in conjunction with equipment other than
that specified by the Customer at time of order or contract, or its use under
environmental or other conditions other than those for which it was supplied.
This shall also apply to the use of our product for any purpose other than that
for which it was supplied, even if used in conjunction with equipment previously
specified by the Customer.
11) All goods and products supplied by Liqua Distribution Limited shall remain
the property of the Company until the Customer has completed payment in full. We
reserve the right to withdraw any product, goods or services before payment has
been transacted and in the event of the non-payment of any invoice. Furthermore
we retain all rights of title and ownership in whole and in part to any and all
goods supplied irrespective of whether they have been sold on to third parties
or manufactured into other products by the Customer. It shall be understood that
goods are supplied strictly on the basis of the Customer's liability in the
event of non-payment in accordance with the spirit of the legal ruling in the
case of Aluminium Industrie Vasssen B.V. v. Romalpa Aluminium Ltd (1976).
i) All goods and materials supplied by the Company shall be stored separately
from any other goods and materials in the possession of the Customer and shall
be clearly marked so as to indicate that they are the property of Liqua
Distribution Limited until such time as they are paid for in full. Such goods
are not to be given over to or included in the realisation of assets of the
Customer by any receiver or liquidator.
ii) It shall be deemed that until all goods belonging to the Company are paid
for in full, the customer shall assume a fiduciary duty of care to the Company
to keep and maintain a record of any such goods and materials which shall
include their storage location, the nature and quantity of any materials
supplied by the Company and manufactured into other products, including the sale
of any such goods or manufactured items and their quantities and the name and
location of any parties to whom they have been sold. Such a duty of care shall
establish a priority claim on recovery of the value of the Company's goods from
any receiver or liquidator of the Customer.
iii) The Company reserves the right to enter any premises in any legal manner,
be they the Customer's or those of parties to whom the Customers have sold the
Company's goods, for the purposes of the recovery of any goods and materials in
whole or in part which have not been paid for in full.
iv) The Customer shall agree to bear in full any costs associated with the
recovery of any goods or materials of the Company which have not been paid for
in full, including but not limited to costs of engaging personnel for the
recovery, work done to separate or recover materials from manufactured products,
or the hire or commission of specialised equipment or services for this purpose.
12) In the event that it becomes necessary for the Company to take any form of
legal action against any party for the recovery of goods or monies owed by the
Customer, the Customer agrees to pay unconditionally any and all expenses
incurred by the Company in respect of the pursuance of payment of the debt from
the date when the debt became due. The Customer agrees to pay the sum of £20
respectively for each warning letter sent by the Company, the sum of £10
respectively for each invoice reminder, the costs of any postage or £10,
whichever is greater; the costs of any telephone or facsimile calls or the sum
of £10, whichever is greater; a sum no less than £50 in respect of general
administrative expenses, and any other reasonable costs that may be incurred by
the company in the pursuance of payment of the debt, the above expenses or the
recovery of goods.
13) The Company shall offer Customer support in respect of any product or
service at its own discretion, except where such support is explicitly
contracted at the time of sale provided that it is in accordance with the
conditions herein. We also reserve the right to deny support to any party other
than to whom the product or service has been sold. In the event that a Customer
shall contract a service or purchase goods from us through the agency of a
subcontractor or other persons, we reserve the right to refuse support to the
final Customer unless the situation was made known to us at the time the
transaction was made.
14) Liqua Distribution Limited reserves the right to refuse to sell products or
contract services to any party or organisation at our own discretion and without
explanation.
15) Liqua Distribution Limited accepts no liability whatsoever in the event that
its products or services shall be used for illegal or immoral purposes by its
Customers or in the event that work contracted from the company results in any
breach of any act or statute of law.
16) The Company accepts no liability whatsoever in respect of claims against
personal injury or safety where its products have been misused, installed or
mishandled by persons other than us or our appointed agents. It is assumed that
the Customer shall take reasonable precautions for the use of any our products
in accordance with appropriate acts and regulations such as the Health and
Safety at Work act. We accept no responsibility in respect of any claim by the
Customer in the event that misuse or mishandling of our products as defined in
this document, shall be deemed to have caused damage to the Customer's premises,
holdings or assets.
17) Any equipment or product offered on loan or approval by Liqua Distribution
Limited or any product prior to payment of invoice, shall be stored, used and
maintained in good order by the Customer. The Customer shall accept sole
responsibility for loss of, or damage to the equipment or product and shall take
measures to reimburse the Company to the full new replacement value of the
equipment or product where necessary. All the conditions of Clause 11 above
shall apply in full in this case also.
18) Liqua Distribution Limited accepts no liability whatsoever for any loss,
damage or claims arising from wrongful information or advice given, where the
Customer has withheld information from the Company, its agents or employees,
pertinent to the situation for which that advice was given, or in the event that
the Customer has failed to impart or has imparted false or mistaken information
to the Company. In the event that the Customer has misstated his requirements or
omitted details that affect the completion of any work performed on his behalf
by the Company, the Customer shall remain liable to pay the Company in full for
any work already performed regardless of its state or outcome.
19) The Company offers repair services without any warranty as to the time taken
for any repair. Any time scales offered by the Company shall be deemed to be
opinions only and any time scales requested by the customer shall only be deemed
to be desired guidelines for the information of our engineers. The company
accepts no liability whatsoever, direct, indirect or consequential for failing
to meet any expectations of the customer as to the time taken for repair work.
The company shall use its best endeavour to repair equipment promptly but does
not guarantee that any repair will be possible.
20) The Customer shall remain liable to pay the Company in full in accordance
with any agreed sums for any completed product or service provided that the
completed product or service meets the specified terms of the initial contract,
regardless of any later requirements of the Customer.
21) In the event that the Customer desires to cancel goods or services already
requested from the Company, the Customer shall be required to give an absolute
minimum of 72 hours notice of same. If such notice is not provided the Customer
shall remain liable IN FULL for the cost of any goods or services that would
have been performed on his behalf regardless of whether they were actually
supplied or performed or not.
22) The Customer shall accept full responsibility for providing reasonable and
adequate notice of any requirement for goods or services or changes in any such
requirement from the Company. If the Customer fails to provide an absolute
minimum of at least 72 hours notice of any such requirements, we reserve the
right to charge an emergency call out fee at our discretion in addition to any
other ordinary charges we may apply for said services. Please note that whilst
the Company shall endeavour to provide a high quality of service at all times,
the Customer shall accept full responsibility for any problems with the service
that arise directly out of failure to provide adequate and reasonable notice.
23) In the event that the Customer shall desire to terminate the any contract
with the Company at any time, and for any reason whatsoever, the Customer shall
remain liable to pay the Company in full for any work already performed and any
goods or services already ordered or commissioned by the Company on his behalf,
together with handling and administrative charges.
24) If for any reason whatsoever the Customer is dissatisfied with goods or
services provided by the Company, the Customer shall be required to provide
notification in writing to the Company within 7 days of the provision of said
goods or services. The Company will accept no complaint after this period except
our own discretion and no such complaint shall be used to avoid or defer any
payment to the Company for goods or services provided.
25) In the event of any outstanding debt to the Company, the Customer agrees to
unconditionally grant a lien to the Company on any goods that it has placed in
the Company's possession i.e. for purposes of repair, evaluation, loan or
otherwise. The Customer agrees that in the event of the Company's exercise of
such a lien that the Company shall not be liable in any way for any direct,
indirect or consequential loss either to the Customer itself or any third party.
The Customer agrees to meet and settle in full any claim against itself by any
third party arising out of the Company's exercise of its lien without involving
the Company in any way i.e. by third party action or otherwise.
26) The Company shall accept no liability whatsoever for breach of corporate or
national security where the Customer has failed to indicate the security
classification of any material upon the Customer's premises accessed or used by
the Company, its agents or employees in the course of any work performed on the
Customer's behalf. It is the responsibility of the Customer to ensure that
adequate provisions are made for the maintenance of security on his own
premises, and that national and corporate regulations pertaining to such are
adhered to. The Company undertakes however to maintain confidentiality with
regard to any work performed for, or any information imparted to us by the
Customer, unless explicitly requested not to do so by the Customer.
27) The Customer shall remain wholly responsible for providing a written
breakdown of the services and/or products required from the Company. The Company
shall accept no liability for failing to meet any conditions not stated in
writing in the initial contract and approved in writing by the Company.
28) The Company shall accept no liability to pay for any repairs, replacements
or modifications, whether within warranty or not, made by other persons or
agencies to products supplied by Liqua Distribution Limited, without our prior
written approval. Any modifications or repairs to our equipment by other parties
shall automatically void any and all warranties pertaining to the item in
question. If repairs are required to a product supplied by the Company, the
Customer shall notify the Company of the need for such repairs and shall allow
the Company a reasonable time to effect same, if the Company accepts that such
repairs are covered by its warranty terms. The time allowed for such repairs
shall not be based on any requirement of the Customer's for urgency except at
the discretion of the Company. The Company will accept no liability whatsoever
for any losses suffered by the Customer if the Customer chooses to buy,
commission or install alternative products or replacements for goods or
materials supplied by or in the process of repair by the Company.
29) Where goods are purchased by the Company on behalf of the Customer, the
Customer will be charged an additional handling fee on the net purchase price of
the product paid by the Company to the supplier. The Customer shall be required
to request such purchases from the Company in writing and shall pay the Company
in full for any goods so ordered regardless of any later requirements. If the
Customer wishes to stop a purchase before it has been transacted by the Company,
then the Company shall refrain from doing so but at its own discretion reserves
the right to charge a standing fee in order to cover administrative expenses.
30) The Company reserves the right to make minor changes to its products or to
purchase materials from different suppliers at its own discretion. The Company
undertakes to provide materials of a reasonable quality and suitability for the
purposes for which they are explicitly specified, solely provided that the
conditions of such use are specified in writing at the time of the contract with
the Customer. The Company may at its own discretion substitute products and
materials supplied to the Customer with suitable alternatives of equivalent or
superior specification.
31) The Company shall at its own discretion supply designs, schematics, products
or computer software upon the strict understanding that the Company reserves all
rights of ownership, Copyright and Patent in doing so. The design or structure
of any such schematics or products remains the sole property of the Company and
are sold on the understanding that the Customer is purchasing a limited license
to use those designs or products in accordance with the Company's license
agreement and any specified terms or conditions of the initial contract. The
Customer is not purchasing the ownership of, or exclusive rights to any product
or design. The Customer shall not copy, publicise, distribute, sell or modify
any design or product of the Company without the express written permission of
the Company.
32) In the event that the Customer wishes to completely purchase title to a
design or product from the Company, together with its associated rights, then
this shall be the subject of a separate negotiation. Terms for such a purchase
shall be drawn up as a separate and specific contract between the Customer and
the Company. It is to be understood that the Company shall even in such an event
retain the rights to use parts of such a design, or the design of sub-assemblies
within it, in the design and construction of other new products whilst retaining
absolute title to such a new design and all associated rights.
33) The Customer shall agree to abide by the terms and conditions of any license
agreement and the general terms and conditions of the Company. Acceptance of any
product, without notification or acceptance from the Company, its dealers,
distributors, associates, agents or employees shall constitute acceptance by the
Customer of all terms and conditions herein, in full, without modification or
exception except where expressly contracted to be so in writing between the
Company and the Customer.
34) The various provisions and sub-provisions of these Terms and Conditions of
business are severable. And if any provision or sub-provision or identifiable
part thereof is held to be invalid or un enforceable by any court of competent
jurisdiction then such invalidity or un enforceability shall not affect the
validity or enforceability of the remaining provisions or sub provisions or
identifiable parts
Payments
1) Invoices issued for equipment or services are to be paid for in full prior to
Dispatch. Liqua Distribution Limited reserve the right to not offer support on
any new contracts or product additions to existing contracts, until payment has
been received in full.
i) Late Payment will be subject to a charge of 2.5% of the outstanding amount
incrementally per month
2) Liqua Distribution Limited currently offers three ways to make payment,
(a) Via Debit Cards Visa, Euro card -MasterCard, Switch and Solo by completing a
credit card form. All credit card payments or processed by means of a secure
payment system. The credit or debit card you use to make a purchase from us is
your own card or your company's card, that you are authorised to use it, and
that there are sufficient funds or credit facilities to cover the cost of any
goods or services you order from us. We reserve the right to obtain validation
of your credit or debit card details before providing you with any goods or
services.
(b) By Bank transfer. Liqua Distribution Limited bank details will be provided
on all invoices.
(c) Cheque Payment - No items will be released until full confirmation of
cleared funds
For larger contract purchases please contact our sales team for further payment
options.
35) These terms and conditions shall be governed by and construed in accordance
with the laws of England and Wales
Tax Charges For orders made from the UK or the European Union, 17.5% VAT is
added. All other orders are VAT free.
Credit Card Security When the order is placed at our website, credit card
numbers are encrypted using 128 bit encryption. They are only decrypted after
they reach our computer. They are not held in clear text on any web site.
Guarantee We guarantee your satisfaction.
Reaching Us If you need to reach us, please email us using the link on the store
page, alternatively, you can call on 01300 322925 (International +44 01300
322925) or fax us on 013003 22926 or write to us at The Stables Kingsley Den
Kingsley Paddock Maiden Newton DT2 0DR United Kingdom
Privacy Policy Liqua Distribution Limited - Liquavision do not disclose buyers'
information to third parties other than when order details are processed as part
of the order fulfilment. In this case, the third party will not disclose any of
the details to any other third party.
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