These terms and conditions specifically relate to the sale of the e-Lybra 9 System.
Buyer The person or company who buys or agrees to buy the goods from the Seller.
Conditions The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods The articles which the Buyer agrees to buy from the Seller.
Price The price for the Goods, excluding VAT and any carriage, packaging and insurance costs or any applicable import taxes or duties.
Seller World Development Systems Ltd, of Lucies Farm, 23 Colletts Green Road, Powick, Worcestershire, WR2 4RY, United Kingdom. Tel: +44 (0) 1684 899334 Fax: +44 (0) 1684 893434
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
2.6 The Buyer will be asked to expressly agree to these terms and conditions of sale before the Buyer places an order for goods.
2.7 The Seller reserves the right to refuse service to anyone.
3.1 The Price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing or the price quoted on the Seller’s confirmation of order.
3.2 The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
3.3 All carriage and delivery costs shall be paid for by the Buyer and will be detailed on the Sellers confirmation of order.
3.4 All goods are despatched from within the United Kingdom and the Seller operates a DDU (Delivered Duty Unpaid) policy. This means that for deliveries made outside the EU countries (European Union) the Buyer is liable for the import duties, customs and local sales tax levied in that country.
4.1 Once the Buyer has received an invoice for the goods from the Seller, full payment is required before the goods are despatched to the Buyer.
4.2 The Seller may withhold the goods and/or terminate this Agreement if the price is not received from the Buyer in full, in cleared funds.
4.3 All prices are in GBP pounds (£). Pricing is subject to change without notice and does not include shipping and handling unless otherwise indicated on the order confirmation.
4.4 If payment is made via a bank transfer, all related bank transfer fees (Buyer and Seller) are the responsibility of the buyer.
5.1 The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
6.1 The Seller warrants that the Goods are guaranteed to function without failure for a period of three years from the shipment date. The Seller does not guarantee the performance of its products in applications for which they may not be appropriate (please see web site for full details). In the unlikely event of a malfunctioning unit, the Seller must be contacted for a Return Material Authorization (RMA) number prior to return shipment. The Buyer has the right to return the Goods to the Seller by ground transportation freight prepaid. The Seller will promptly repair or replace the goods, at its sole discretion, and return to the customer by ground transportation prepaid. Repaired or replaced goods will carry the remainder of the original warranty.
6.2 The warranty is only applicable to the original purchaser of the Goods. This warranty shall not apply to any Goods that have been sold in lieu of a warranty or have been subjected abuse, mishandling or modification.
6.3 This warranty does not apply in cases where the unit has been dropped, squashed, come into contact with a liquid, been subjected to any kind of electrical power surge or excess, or any other kind of damage through external influence.
6.4 Please contact our Customer Service Team on +44 (0) 1684 899334 between 10:00 and 16:30 Monday to Friday or email us at email@example.com if you have a problem.
7.1 Delivery of the Goods shall be made to the Buyer's address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8.1 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery. The Buyer agrees to contact the Seller within seventy-two (72) hours of delivery if they find or believe the goods to be physically damaged upon delivery.
8.2 The Buyer shall be deemed to have accepted the Goods seventy-two (72) hours after delivery to the Buyer.
8.3 Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9.1 Risk shall pass onto the Buyer upon delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, the legal title to the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them has been paid in full.
10.1 The Seller shall be entitled to delay or cancel delivery or to reduce the amount of Goods delivered if and to the extent that it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including (but not limited to) strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
11.1 If the Goods shall be sold for export the invoice relating to the Goods may set out additional terms relating to that transaction.
11.2 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
This section applies to consumers only and NOT businesses or other organisations who order goods.
12.1 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
12.2 The Buyer cannot cancel the contract if any software supplied with the goods has been used or installed or removed from the sealed package in which it was delivered.
12.3 If you have received the goods before you cancel your contract then [unless, under clause 12.2, for which you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
12.4 Once you have received your e-Lybra system then we reserve the right to require that you attend and participate with the 2-day initial training before we will consider any refund.
12.5 Once you have notified us that you are cancelling your contract, we will give you a refund of the amount paid as soon as possible PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. If you return the system in a damaged or non-pristine state then we will deduct a reasonable amount from the refund as required to refurbish the system back to it's original appearance.
13.1 The Buyer agrees that these Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.