The following terms and conditions supersede any terms and conditions imposed by the buyer and may not be varied except by written consent of one of the partners of Venta, hereafter known as the company. By placing an order, the buyer is deemed to have read, understood and accepted these terms and conditions
ARBITRATION Any contract made shall be subject to English law.
PRICE Prices quoted are exclusive of delivery and VAT. The company reserves the right to vary the price of items without notice.
DELIVERY Whilst the company shall at all times endeavour to deliver within the time specified, all delivery times are approximate. Quotations are conditional upon stocks being available and the company shall not be liable for short delivery. If there is a shortage of goods leaving the company’s premises, the delivery note will be marked ‘To Follow’ and the goods will be dispatched as soon as possible, or marked ‘Reorder’ whereupon the goods should be re-ordered and will constitute another contract.
TRANSFER OF RISK Goods leave the company in good condition and the buyer accepts all risk from the time the goods leave the premises of the company. The transfer of risk shall not be affected by any insurance taken out by the buyer.
TRANSFER OF PROPERTY Notwithstanding delivery, the property in the goods shall remain in the comparty until payment is made and the buyer shall hold the goods, and any proceeds of the sale of the goods, and any rights arising from the sale thereof, as trustee for the company. If payment is overdue in whole or part, the company may (without prejudice to any of its rights) recover or recall the goods, or any of them may enter the buyers premises for that purpose. These conditions constitute authority to a third party to enter upon any other premises wheresoever the goods are situated for the purpose of recovering the goods or any of them. Any loss sustained by the company upon recovery of the goods as aforesaid, shall be paid by the buyer. Furthermore, the company shall return to the buyer any monies recovered in excess of the amount then owed by the buyer to the company together with the costs and expenses involved in making such a claim. Failure by the buyer to enforce any of the above remedies shall not be construed as a waiver of the company’s rights hereunder.
DESIGN The buyer acknowledges the company’s ownership of designs applied to goods and the copyright in such design whether it is registered or not. Except where the company agrees to confine a design to a buyer exclusively, they reserve the right to apply the same design in goods to other buyers. Any exclusivity the company grants to a buyer shall automatically expire after a period of 6 months unless agreed in writing to such exclusivity being extended.
SUITABILITY FOR PURPOSE Every reasonable effort shall be made by the company to supply the goods in conformity with the description contained in the company’s catalogue. However, the company reserves the right to amend the specification as required by any manufacturer or third party provider of goods or to make improvements or alterations which do not materially affect the quality or purpose of the goods as described in the catalogue. Illustrations, diagrams, photographs, weights and measures stated in the catalogue are a statement of opinion and are provided for information only and form no part of the contract. It is the buyers responsibility to ensure that they, personally, are lawfully able to purchase, carry or use any item under applicable UK and / or local laws.
RETURN OF GOODS The return of unsuitable goods will be accepted within seven days of their receipt but only with the prior written agreement of the company. The return of goods will only be agreed if they are contained in the original packaging, unmarked and unused, and have not been specifically manufactured. Returned goods will be subject to carriage, handling and repackaging charges if found to be used, misused or badly packaged on return.
CLAIMS AND LIABILITY Any claim in respect of deficient delivery or missing goods must be notified to the carrier and the company by telephone within 24 hours of receipt of the delivery and confirmed in writing within 7 days of the invoice date. In the absence of claims within these terms the goods shall be deemed to have been delivered in accordance with the contract, and in any event the company shall not be liable for any consequential loss, however occasioned, arising out of any failure to deliver goods of the quantity ordered. The company will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the company within 14 days of receipt of then goods by the buyer, and provided that the company shall not be liable in respect of any such goods which have been subsequently processed or installed, unless fitted by the company. In any event, the company’s maximum liability will be limited to repayment of the purchase price or replacement of the goods, and under no circumstances will any liability be accepted for any consequential loss however occasioned. The company shall not be liable for any loss, injury, damage or deterioration arising directly or indirectly from the use, storage or application of any goods. If the buyer has specified that the goods shall be of a certain size, colour or rating, such specification shall be subject to reasonable commercial tolerances unless otherwise stated. If the goods are subject to such a claim, return of the goods will be conditional upon agreement by the company that the goods exceed acceptable commercial variation.
TERMINATION The company may, without prejudice to its rights and remedies, terminate any contract if either there should be any breach of the contractural liabilities of the buyer, or if in the opinion of the company the financial responsibility of the buyer should become impaired or unsatisfactory. Under such circumstances all outstanding unpaid invoices shall immediately become due for payment.
PAYMENT Payment should be made to the company at the time of order by cash, card or bank transfer. Account facilities may be granted at the company’s discretion whereupon, unless otherwise stated on the invoice, terms shall be 30 days from date of invoice. In the event of non -payment, the company reserves the right after 1 month to take steps to recover monies due to them without prejudicing any further transactions between the company and the buyer. Under no circumstances shall the buyer be entitled to a right of set off against the company in respect of any payment due. If the company is ready to deliver the goods on the date agreed in accordance with the contract and the buyer delays or requests the company to delay delivery for any reason, invoices may be presented for full settlement within 30 days of the date previously agreed for delivery. The company reserves the right to make a surcharge of 5% on any overdue account.