Terms and Conditions
In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who
purchases the Goods from the Company:
“the Company” means Neumetrix Limited;
“Contract” means the contract between the Company and the
Buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
Any date or period for delivery shall be considered as indicative only, although it is the Company’s policy to try to fulfil all orders within 3 working days. Any Goods not available at the time of the Buyer’s order will be sent to the Buyer, as soon as possible. Software license keys are delivered by email to the Buyer within 1 day of the receipt of final payment. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 10 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list. The price for the Goods shall be exclusive applicable VAT which the Buyer shall pay in addition.
Subject to paragraph 5, payment of the price of the Goods shall be due 30 days from the date of the Company’s invoice for the Goods. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
8. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed £100 and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.