1. RULING CONDITIONS
All contracts of sale made by V-TÜF are subject to these conditions to the exclusion of any and all printed terms or conditions of the purchaser which shall not form part of the contract. These conditions cannot be varied, suspended or added to except with the prior consent in writing of V-TÜF. Access to the V-TÜF web site (www.v-tuf.com) is subject to and in accordance with the following terms and conditions. Please read these terms and conditions carefully before using the V-TÜF web site. These terms and conditions are between V-TÜF ("we/us/our") and you the user of this Web Site ("you").
On accessing the V-TÜF web site on any occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities, services and information provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the V-TÜF web site after changes are posted on-line will constitute acceptance of the new terms and conditions.
All stock items will be delivered within 5 working days. V-Tuf use reliable delivery companies including but not exclusive to Fed-ex, pallet force and UPS.
Time for delivery shall not be of the essence of the contract.
The goods shall be at your risk from delivery to you or to any carrier or agent acting on your behalf.
3. LOSS OR DAMAGE IN TRANSIT
V-TÜF will accept no liability for loss or damage in transit unless preliminary notice is given to V-TÜF within three days of receipt of the goods by the purchaser and unless a complete statement of claim is received by V-TÜF within 7 days of receipt of the goods by the purchaser.
Discrepancies must be advised to us in writing within 7 days of Advice Note date. Claims outside this period cannot be considered. We must also be given the chance to Inspect and re-count or re-weigh.
5. GOODS RETURNED
Any goods returned and accepted by us as defective or not in accordance with order shall be replaced but shall not form the subject of claim for labour or other expenditure. V-TÜF hold the right to charge a restocking charge for all returned goods.
Unless agreed separately and in writing by V-TÜF, the price of the goods shall be the price ruling at date of dispatch together with any VAT or government taxes.
a) V-TÜF cannot accept an order until payment is received in full for all products and any related delivery charges, unless otherwise agreed in writing by V-TÜF. We reserve the right to reject any order for any reason. In all cases where payment is not made by due date, V-TÜF reserves the right to charge Interest, at the rate of at least 1% a month or part of a month, on all sums overdue for payment, the amount of interest being payable in full on demand. V-TÜF also reserves the right in such cases, exercisable with, or In lieu of, the fore-going right, to suspend all deliveries of all goods to the purchaser under this and/or any other contract, and/or to cancel all or any other contract with the Purchaser.
b) Notwithstanding any statement to the contrary in any Invoice or confirmation of sale note or other document from V-TÜF; V-TÜF reserves the right to demand payment of the price at any time.
c) On any account not paid within our terms of trading we reserve the right to add to the account any costs incurred by us in instructing an agent or solicitor to act on our behalf in the recovery of the account.
d) V-TÜF accepts all major debit and credit cards.
8. RETENTION OF TITLE
Until payment in full has been received by V-TÜF for all goods whatsoever supplied at any time by us to Purchaser:
a) Property In the goods shall remain In V-TÜF and Purchaser shall hold the goods as bailee on V-TÜF'S behalf:
b) Purchaser shall subject to (c) and (d) below store the goods separately from other goods in the possession of Purchaser:
c) Purchaser shall be at liberty to sell the goods In the ordinary course of business on the basis that all proceeds of sale of such goods are V-TÜF property for which Purchaser shall account on demand:
d) Notwithstanding that property in the goods has not yet passed, purchaser may incorporate the goods in or together with any product manufactured or assembled by purchaser in the ordinary course of its business. If purchaser sells any such product before property in the incorporated goods has passed. It shall do so as V-TÜF'S agent but purchaser's liability to account as agent for the proceeds of such sale shall be limited to V-TÜF'S invoice value of the goods so incorporated. If, before property in the goods passes any of the goods are incorporated in or together with any products manufactured or assembled by purchaser, purchaser shall maintain records sufficient to enable such products to be identified, and for the goods so incorporated to be identified, measured or otherwise quantified.
e) The powers of purchaser referred to in (c) and (d) above shall be determined:-
I. By written notice to purchaser if any payment for any goods whatsoever, remains unpaid 14 days after becoming due to V-TÜF.
II. Automatically if a receiver is appointed over any assets or undertaking of purchaser or a winding-up order is made against purchaser or purchaser goes into voluntary liquidation or calls a meeting or makes any composition or arrangement with its creditors or commits any act of bankruptcy:
f) Upon determination of the powers of purchaser referred to In (c) and (d) above purchaser shall place the goods at V-TÜF'S disposal and V-TÜF shall be entitled to enter upon the premises of purchaser and remove any goods Including any goods which may have been Incorporated Into other products or affixed to the realty.
9. REPRESENTATION & WARRANTIES
a) Goods are not sold or tested as conforming to any British Standard Specification or as fit for any particular purposes unless V-TÜF expressly so states In writing. Any term or condition or warranty that the goods are so fit is excluded.
b) All goods are supplied as per individual manufacturer’s warranty and all claims shall be subject to acceptance by the manufacturer whose decision will be final.
c) All warranty work is carried out strictly subject to individual manufacturer’s warranty terms and conditions. The purchaser will be liable for all costs incurred which are not accepted by the individual manufacturer.
d) Whilst V-TÜF will use their best endeavors to give instructions, recommendations and advice to the purchaser, In all respects it shall be the responsibility of the purchaser to satisfy himself that the goods are suitable for the intended use, process, production or storage methods used in his utilisation of the goods.
e) The purchaser shall not claim to rely upon any representation unless made or confirmed in writing by a Director of V-TÜF.
10. CONSEQUENTIAL LOSS
V-TÜF shall not be liable, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or In any other manner for consequential or indirect loss of whatever nature suffered by the purchaser or for special damages, loss of use, (whether complete or partial) of the goods, or loss of profit or of any contract.
11. ELECTRICAL TESTING
The responsibility for electrical testing of goods shall pass to the purchaser at the time of delivery of the goods.
12. GENERAL / LEGAL
We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the site and will take effect immediately. You should, therefore, read the terms and conditions each time you access this website. The material and information contained in this website is not aimed at, or meant to be viewed by, persons other than those in the United Kingdom. Any person who chooses to access this website from other locations is responsible for compliance with applicable local laws. The website, its contents and any contracts formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts. The construction validity and performance of the contract shall be governed by English Law.
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Web Site and/or a breach of these terms and conditions.
15. ACCESS TO THE V-TÜF WEBSITE
We will try to ensure that the V-TÜF website is available 100% of the time for you. However, we shall not be liable if this website is unavailable at any time and for any period, irrespective of the reason.
16.CONTENT OF THE WEBSITE
This Web Site, and any content contained on it, is for information purposes only.
This Web Site may contain links to other web sites, which are outside our control. We are not responsible for these third party web sites, or for their content. We are providing the link for your convenience and are not endorsing the third party's web site, products or services in any way.
We take all steps that we consider in our sole discretion necessary in order to provide you with a reliable service. We exclude, however, to the fullest extent permitted by law, any liability for the security or availability of the services on the Web Site or for any disruption of our web site however caused.
We provide the Web Site on an "as is" basis and make no warranties or representations of any kind as to the Web Site or its content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Web Site. Any liability, however it occurs, for any such inaccuracies or errors are expressly excluded to the fullest extent permitted by law.
We may terminate the provision of the Web Site or restrict your access to it without any prior notice to you.
20. COPYRIGHT AND DATA BASE RIGHTS
Unless otherwise stated, the copyrights and other intellectual property rights for all material on this website are owned by V-TÜF. You may download and print extracts from this website for your personal, non-commercial use. Any use of extracts of this website for any other purpose is prohibited.
Any rights not expressly granted in these terms are reserved.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 any contract between us is not intended to and does not give any person who is not party to it any right to enforce any of its provisions.