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.
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 will remain valid for thirty days from date of quotation.
All prices are subject to V.A.T. at the current rate prevailing at the time of delivery.
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.
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.
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.
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.
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.
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.