TERMS AND CONDITIONS OF SALE AND SERVICE
NETCAB LTD TRADING AS BESPOKE USB

Definitions:

Goods: all articles sold to the Customer, including replacements for defective Goods and software products licensed for use by the Customer.

Provision of service: All labour and maintenance fees, and provision of Internet and related services.

Contract: The Contract between the Customer and Netcab Ltd for the sale of goods or provision of service.

Acknowledgement:

All orders will be accepted by Netcab Ltd subject to and in accordance with the following terms and conditions of sale, which shall be deemed to be incorporated into a Contract for the sale of Netcab Ltd’s Goods and provision of services. By the placement of an order by whatever means, the Customer will be deemed to have acknowledged and accepted the said terms and conditions that may be included in any written document including any order form from the Customer, except by prior written agreement.

Quotations:

Quotations will remain valid for thirty days from date of quotation.

V.A.T.:

All prices are subject to V.A.T. at the current rate prevailing at the time of delivery.

Settlement Terms:

1. Other than with the prior written agreement of Netcab Ltd, all payments are due upon receipt of a signed purchase order.
2. Interest Charge of 2% per month or part thereof will be imposed on invoices still outstanding after sixty days with a minimum charge of £1.00.
3. Netcab Ltd reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Customer.
4. If legal action is taken to recover monies due to Netcab Ltd, then Netcab Ltd reserves the right to charge the Customer an administration charge plus the cost of such legal action. Administration charges are currently 10% of total debt, or £50 (whichever is greater) for debts up to and not exceeding £1000, and 5% for debts exceeding £1000.

New Accounts:

A Customer wishing to open a credit account must fully complete and return a Netcab Ltd Credit Application Form. Netcab Ltd reserves the right in its absolute discretion to grant, refuse, or discontinue any credit facilities at any time.

Guarantee:

1. All goods supplied by Netcab Ltd are supplied with a manufacturer’s guarantee or Netcab Ltd’ guarantee.
2. The guarantees that are supplied vary in duration.
3. It is the Customer’s responsibility to check at the time of purchase whether Netcab Ltd’s guarantee is applicable and, if so, its duration. Where Goods or Service are covered by Netcab Ltd’s guarantee, the following applies:
   
   Any defects which under proper use appear in Goods supplied, or service provided within a period of twelve months (unless otherwise stated) after delivery/provision or service and which are due to faulty materials, workmanship or design will be made good by Netcab Ltd, either by repair, or at Netcab Ltd’s discretion, by replacement, provided the Goods are returned an accordance with the 'Returns' clause below. Netcab Ltd’s guarantee is provided by Netcab Ltd and accepted by the Customer in substitution for all express or implied representations, conditions, or warranties, statutory or otherwise, as to the state satisfactory quality, fitness for purpose or performance or the Goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded.
   
   
4. Where goods are covered by a manufacturer’s guarantee, then Netcab Ltd’s liability to repair or replace those Goods ends at the end of the period of the guarantee provided by the manufacturer.
5. Netcab Ltd’s sole obligation and the Customer’s sole remedy under this provision is limited to the reasonable cost of repair or replacement of Goods supplied.

Returns:

1. No order may be returned without the previous written agreement of Netcab Ltd. Without such written agreement, Netcab Ltd will not accept the return of any Goods incorrectly ordered or no longer required by the Customer. Returned goods will be subject to a restocking charge representing 30% of the value of the goods.
2. Netcab Ltd will only accept returns under guarantee if they are accompanied by a document in writing stating the date of purchase and original invoice number.
3. Netcab Ltd will not accept responsibility for Goods, which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Netcab Ltd’s opinion on this in final.
4. Without prejudice to 'Returns' (1) to (3), Netcab Ltd reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.

Delivery:

Netcab Ltd will use its reasonable endeavours to delivery Goods/provide service in accordance with delivery/completion schedules agreed with the Customer, but cannot accept any liability whatsoever for failure to do so, however arising.

Ownership:

The title to any Goods supplied will not pass to the Customer until payment in full of all sums due from the Customer to Netcab Ltd, inclusive of all and any cost of service provision and labour charges, has been made. If payment (whether in full or in part) is not made by the due date, in accordance with 'Settlement Terms' clause (a) to (d), or the Customer is wound up, or a receiver appointed over any assets or the undertaking of the Customer or an execution or distress be levied against the Customer, Netcab Ltd will be entitled without prior notice to the Customer or any liquidator or receiver to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.

Force Majeure:

Netcab Ltd shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, Communication and Networking Information shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

Cancellation:

If the Customer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Customer fails to make payment for Goods supplied or Service provided when due, in accordance with 'Settlement Terms' clause (a) to (d), Netcab Ltd will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Netcab Ltd and the Customer.

Legal Construction:

All contracts between Netcab Ltd and the Customer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction or the English Courts.