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Terms and Condition of Sale |
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Unless otherwise explicitly agreed in writing,
the conditions as set out below apply to all/each transaction for the
sale of goods and materials, design services by ByVac to a purchaser of
Goods and/or Services.
These conditions shall apply to all orders (including internet, fax,
telephone orders) placed with ByVac by the purchaser. Acceptance by
ByVac of any order is conditional upon acceptance by the Purchaser of
these Conditions which shall override all other terms and conditions
inconsistent herewith, whether express, implied or otherwise including
terms, conditions or stipulations contained in the Purchaser's purchase
order or other form of writing or otherwise stipulated by the Purchaser
and with are at variance with or additional to these Conditions. The
same shall not be binding upon ByVac unless specifically accepted and
signed by ByVac.
Acceptance of a Purchase Order by ByVac cannot be construed or implied
to create an obligation on ByVac's part to accept, subsequent purchase
orders for any of the goods and/or services. |
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Price |
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The price of the Goods or Services is the price
contained in ByVac's non-binding quotation or is the current list price
as displayed on the web site. This price is exclusive of delivery,
packaging, carriage, insurance, custom duties which may be charged. ByVac reserves the right to adjust the price at any time. |
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Payment |
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Currently three methods of payment are
acceptable, Cheque, Credit Card or PayPal. If paying by Cheque or Money
order the goods will not be shipped until the money has cleared. Paying
by Credit Card or PayPal is much faster. As soon as we are notified that
a purchase has been made the goods will be shipped within 24 hours |
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Risk and Property |
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Risk of damage to or loss of the Goods passes on
delivery or, if the Purchaser fails to take delivery without good cause,
at the time when delivery is tendered. Title to and property in the
Goods does not pass to the Purchaser until ByVac has received full
payment of the Price and all other sums due to ByVac from the Purchaser.
Byvac makes every effort to ensure that this
website is free from viruses or defects. However, we cannot guarantee
that your use of this website or any websites accessible through it
won't cause damage to your computer. It is your responsibility to ensure
that the right equipment is available to use the website and screen out
anything that may damage it. Byvac shall not be liable to any person for
any loss or damage which may arise to computer equipment as a result of
using this website |
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Guarantee |
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All our parts are covered by a 90 day warranty, that the product is free
from defects in materials and workmanship. If defects arise during this
period, we will at our option, repair or replace the goods purchased or
refund your money. Our liability under this warranty is subject to us
being satisfied that the material is faulty due to poor materials or
workmanship. We will not be responsible for any damage caused by
incorrectly connecting or improper use of the material. Furthermore, we
will not be liable for any damage to third party or attached equipment
to which these products are used.
The goods are not suitable for any
medical, safety or mission critical applications. |
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Modifications, Substitutions, Returns and Cancellations |
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Unused and undamaged Goods can be returned to ByVac within 30 days of
the delivery date at the sole discretion of ByVac. Good returns must be
accompanied by a valid return merchandise authorisation. All Goods
returned as set out in the above clause shall be at the sole cost of the
Purchaser.
ByVac reserves the right to substitute goods substantially equivalent to
those ordered. The Purchaser agrees that it is its responsibility to
test all shipments of Goods so as to ensure that they are suitable for
its requirements.Orders can only be cancelled by notice in writing at
any time prior to shipment. |
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Limitation of Liability |
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The Purchaser shall accept sole responsibility for and ByVac shall not
be liable for any use of the Goods by the Purchaser, its agents and
employees and the Purchaser shall hold ByVac harmless and fully
indemnified against any claims, costs, damages, loss and liabilities
arising out of such use.
ByVac is not liable to the Purchaser because of any representation,
or any warranty (express or implied), condition or other term, or any
duty in common law, or under the express terms of the Contract, for :
(a) any loss of profit, business contracts, opportunity, goodwill,
revenue, anticipated savings, expenses, costs or similar loss; and/or
(b) any indirect, special or consequential loss or damage; and in the
case of either paragraph (a) or (b) above whether caused by negligence,
breach of contract, tort, or breach or statutory duty of ByVac, arising
out of or in connection with the Contract.
Any other liability of ByVac to the Purchaser in contract, tort,
negligence, breach of statutory duty or otherwise arising out of or in
connection with the Contract is limited to the Price. |
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Confidentiality |
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The Purchaser will at all times (and without limit of time) keep
confidential information acquired in consequence of the Contract.
Including business correspondence, technical literature, except for
information which is bound to disclose by law or to its professional
advisers where reasonably necessary for the performance of their
professional services. |
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General |
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These Conditions and the documents referred to in them, set out the
entire agreement between the Parties and supersede any prior written or
oral agreement between them relating to the subject matter of the
Contract and the Purchaser acknowledges that in entering into the
Contract, it has not relied on any representation not expressly set out
in the Contract.
If any provision of these Conditions is held to be illegal, void or
unenforceable the legality, validity and enforceability of the remainder
of the Contract is not to be affected. Nothing in this contract excludes
liability for fraud. No person (either legal or natural) who is not a
Party has a right to enforce any term or condition of the Contract. |
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