Terms and Conditions
These terms of business shall constitute the entire agreement between the parties & may only be varied in writing by the authorised representatives of both parties.
Goods sold by the seller are warranted by the manufacturer and we endeavour to ensure sound materials and workmanship. Should you consider a product defective please notify us immediately. Our warranty procedure will be invoked and subject to the manufacturer accepting liability for the defect we will replace or credit the goods in question. All descriptions specifications and like data given by the seller are to the best of the seller‘s knowledge accurate. However the buyer must form his own judgement as to the suitability of the goods for the buyer‘s purpose.
lease note that orders will be accepted and executed only on the basis of the price ruling at the date of dispatch unless otherwise agreed in writing. We reserve the right to apply price adjustments immediately, without prior notice, to take account of increased supplier‘s costs, exchange rates and other overheads beyond our control. Quotations are valid for 15 days & will only be acted upon on receipt of a written order referring to the quotation number.
Within Europe it is mandatory to provide your local VAT number of your registrated business. If not we will have to charge you 21% VAT, which will be added to your invoice. VAT checks will be done by APNS Solutions.
The sellers’ warranty term for standard catalogued items is 6 months from the date the goods were received by the buyer. For non-catalogued items (Original Equipment or Special Products) the warranty term shall be, in all eventualities, that of the original manufacturer and the buyer shall in all cases, without exception, be required to request this information prior to purchase. All warranty claims must be submitted within 4 weeks of the date of failure. No claim will be considered after this period.
Shipment will only happen when the complete amount has been paid, or different agreement has been made by APNS Solutions and the buyer.
Orders will be dispatched as soon as reasonably practicable but may be delivered in instalments. Goods not immediately available will usually follow with one of your next orders. The seller will make all reasonable endeavours to deliver goods on the date specified but does not accept any liability for damage or loss caused to the buyer by failure to do so.
Any items missing from your shipment should be identified and informed to us within 2 working days of delivery. Unless there are exceptional circumstances, failure to claim within 2 working days will result in your claim for missing items being rejected.
6. Carriage / Risk
Carriage charges are set out in the price catalogues. Risk shall pass to the buyer on collection of the goods by the carrier from the seller’s premises or when collected by the buyer personally. Goods accepted unchecked or received in a damaged condition from the carrier should be recorded as such on the carrier’s docket at the time of delivery and, in the case of shortage or damage to the goods, the seller should be notified by telephone or fax within 24 hours of delivery. If not, the carrier’s conditions will apply and no liability for short delivery or damaged goods can be accepted.
This agreement shall terminate and the seller shall be entitled to recover the goods if:
7.1 at any time payment is overdue on an invoice
7.2 being an individual has a bankruptcy order made against him or compounds with his creditors or comes to any arrangement with them, or being a company goes into liquidation or if an administrator or receiver is appointed in respect of its assets or business of it makes any composition with its creditors
Except in the case of death or personal injury caused by the negligence of the seller or his employees, the seller’s liability under this agreement for any direct loss, however it is caused, shall be limited to the value of the goods ordered. The seller shall not incur any liability for consequential loss, e.g. loss of profit or contracts to the buyer. The seller shall not be liable for loss or damage arising from the incorrect use or alteration of the goods.
9. Force Majeure
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond the reasonable control of a party.
10. Third Party Rights
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
The validity, construction and performance of this agreement shall be governed by Dutch law.