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Terms of Service

GENERAL

In these terms and conditions of trading “Netflare” means Electronic Overtures Limited. “The Customer” means the customer to whom Netflare agrees to supply goods. “Goods” mean any goods supplied by Netflare to the customer. These terms and conditions shall apply to all contracts entered into between Netflare and the customer unless agreed to the contrary in writing by an authorised officer of Netflare. Unless otherwise agreed in writing by Netflare (the supplier) these conditions which supersede any earlier sets of conditions appearing in the supplier’s catalogues or elsewhere shall override any terms or conditions stipulated incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute common law otherwise are excluded and hereby negatived.

ORDERS

All orders are subject to the availability of the goods and to written acceptance by Netflare. Any prior indications by Netflare by telephone E-mail or verbally shall be provisional only. Limited stocks means that certain goods may only be available on a first come first served basis. Netflare shall not be liable for the unavailability of any goods whether for delivery or for collection..

PRICES

Catalogue, prices lists and other advertising or promotional material are intended to provide an indication as to the price range of the goods offered by Netflare and no variations shall give rise to a claim against Netflare. Netflare reserves the right to pass on to the customer any increases or decreases in the cost of providing the goods that occur between the date of quotation and delivery. All prices quoted are exclusive of VAT at the standard rate.

MANUFACTURERS SPECIFICATION

The customer recognises that Netflare is only a distributor of the goods. Although Netflare will try to notify the customer of any variations in specification of which it is aware the customer accepts that Netflare cannot be accountable for the consequences of any such variations made by the manufacturer or any shortage of supplies.

DELIVERY

  1. Dates and times quoted by Netflare for delivery run from the receipt by Netflare of a written order. All dates and times quoted are estimates and any delay in meeting delivery dates will not give rise to a right to cancel the order or a right to any form of compensation or damages.
  2. Offers for good ex-stock are subject to the goods being unsold at the time of receipt of the customers order.
  3. Unless specifically included in the quotation, prices quoted do not include delivery, any delivery charges incurred by Netflare will normally be passed on to the customer, subject to any scale charges employed by Netflare at the time.
  4. Netflare reserves the right to make part deliveries. Any request by the customer for Netflare to delay or split delivery may result in a stockholding charge and any additional costs incurred by Netflare being debited to the customer.
  5. The customer must check the goods before use or resale and in any event within the time limit specified in clause (11), no liability can be accepted for the consequential loss arising from a breach of this condition.

PAYMENT

  1. Unless agreed to the contrary in writing all invoices are payable by cash or cheque before shipment of the goods or against a pro-forma invoice whichever is the earlier. If the customer is an approved account holder invoices are payable within 30 days of the invoice date. Any right or set-off in favour of the customer and against Netflare is hereby excluded.
  2. If the customer fails to make payment as provided for above Netflare shall have the right, in addition to any other remedies it may wish to pursue to charge interest on overdue accounts at the rate of 2% per month until payment is received.

FORCE MAJEURE

Netflare shall not be liable for any loss whatsoever suffered by the customer in the event of cancellation of the agreement to supply the goods if the supply of such goods would be illegal, contrary to manufacturers conditions of sale or impossible for Netflare to perform.

INSOLVENCY

In the event that the customer is declared insolvent or compounds or makes any arrangement with it’s creditors or has distress levied against its goods or assets or has a receiver or liquidator appointed Netflare shall have the right to suspend deliveries until payment has been made goods already supplied and for all outstanding orders.

TITLE AND RISK

  1. Risk in the goods shall pass to the customer at the time of delivery to or collection by the customer or its agent whichever is the earlier.
  2. Legal and beneficial ownership of the goods shall remain with Netflare until it has received payment in full for the goods. Until that time the customer accepts that it holds the goods in a fiduciary relationship as Netflare bailee and will store the goods so as to identify them as the property of Netflare and keep them free from any charge or encumbrance.
  3. Even before title passes, the customer may sell and deliver the goods to a third party but only on behalf of and to the account of Netflare. Until Netflare has been paid in full for the goods the customer shall be liable to account to Netflare for the proceeds of sale and shall keep such proceeds, including the proceeds of any insurance claim, apart from other monies. Netflare shall have the right to inspect any records relating to the customers dealings with the goods and the proceeds of sale.

CONSEQUENTIAL LOSS

All liability for any loss of any nature including consequential loss arising out of the use or supply of the goods is hereby excluded.

RETURNS

  1. All goods shall be deemed accepted unless rejected within 72 hours of delivery/collection of the goods. Notice of rejection must be confirmed in writing giving detailed reasons for rejection. No compensation, credit or right of set-off shall be given by Netflare until the same has been received by Netflare from the manufacturer, supplier or insurer as the case may be, Goods incorrectly ordered by the customers shall be returnable only at the sole discretion of Netflare and subject to a return charge of 15% of the net order value, and the recovery of the delivery costs for the original order.
  2. Any goods being returned for any reason must be packaged in such a way that they are received in the same condition as when they were shipped to the customer, otherwise the amount of credit will be reduced to its resale value.

RETURN PROCEDURE

Before returning any goods to Netflare the customer shall notify Netflare by letter facsimile or E-mail of its desire to return the goods together with the reason for the return.

NON DELIVERY

Non delivery of any consignment or part thereof within 14 days of the date of invoice from Netflare must be notified in writing to Netflare.