(i) These Terms will only govern sales by NES unless we expressly agree in writing to any variation
(ii) A Contract is not made between ourselves and a Buyer until we have accepted his order.
(i) Prices may vary from those listed on our site due to fluctuations in material and consumable prices
(ii) Unless otherwise agreed the cost of delivery to the destination will be paid by the buyer and delivery which is by a common carrier.
(i) Payment terms are agreed at the point of order and payment must be paid at the time of the placing the order
(ii) When agreed with the buyer credit terms are based on payment 30 days from date of invoice
(iii) NES have the right to withdraw credit if we consider the buyers creditworthiness to be impaired or because of late payments.
(iv) Goods will be invoiced when they have been despatched.
(v) When goods are delivered as part of separate contracts each delivery will be subject to a separate invoices based on the parts which have been delivered.
(i) Delivery dates quoted are only estimates. We will make every reasonable effort to keep them but we accept no liability for the any financial or other loss or damage ( whether direct or indirect) if delivery is nonetheless delayed nor shall any such delay entitle the buyer not to accept or pay for the goods when they are delivered.
(ii) We will arrange delivery of goods in within the UK by means at our discretion unless the buyer otherwise requires their own transportation.
(iii) The risk in the goods will pass to the buyer when they are all off-loaded at their destination if we are the carrier, and on leaving our premises if not.
(iv) Without accepting any liability for our failure in any case to do so we will pursue for the benefit of the buyer any claim or damage to or short delivery or loss of goods in transit provided that we and the carrier are notified in any claim at the point of receiving the goods.
(i) NES is committed to providing customers with the highest quality products and service. If for any reason you decide to return the goods. That have been correctly supplied by us, these good must be returned to us in the original condition by you and at your cost, with a copy of the original invoice included and an explanation for the return. Once inspected that then customer may be issued with a restocking fee of 20% for any goods returned unless agreed priory to return.
(ii) Any specials which are returned will be subject to the 30 % Handling Charge unless otherwise agreed in writing.
(i) Packing costs will be borne by the buyer unless they meet our carriage paid requirements or outside of the UK
(i) Any goods which are sourced and stored by NES for the customer may be subject to a storage charge unless otherwise agreed
8) Guarantee of Extent of Liability
(i) NES Guarantee goods of our own manufacture for 6 months against effective workmanship and materials. We will have the option to repair or replace these goods free of charge or to offer a refund if required. Providing that the goods have not been subject to excessive wear and tear on inspection.
(ii) The Buyer shall ensure that the goods are made to the specification prior to use. The buyer shall not claim in respect of defects unless a written complaint is sent to us as soon as the issue is noticed. NES have the right to inspect the goods or the application where these products are being used
(iii) Any Goods or parts which are not of our own manufacture carry the guarantee from the manufacturer.
(iv) The Buyer is solely responsible for ensuring that the goods purchased from NES are fit for any particular purpose and not warranty or condition of fitness for any particular purpose is given or is implied in our terms and conditions.
(v) We shall not be liable for any claim or indirect claims of any consequential or incidental loss or damage made by the buyer against NES, whether in contract or in tort arising out of or in connection with any defect in the goods or any other act or omission of us in performance or the contract.
9) Ownership of the goods
(i) Will remain ours until the buyer shall have paid us the contract price together with the full price of any other goods which have been made. Our rights allow us to enter the buyers premises and take repossession of the goods if you fail to comply with the payment terms stated.
10) Industrial Property Rights
(i) If the good supplied by us to the buyers design infringe or are alleged to infringe any patent or registered design rights or copyright the buyer will indemnify us against all damages costs and expenses incurred by us as a result of the infringement or allegation. The Buyer will give us all possible help in meeting any infringement claim brought against us.
(i) We reserve the right to vary at any time of giving reasonable notice the specification of the product e.g material, grade etc and to supply the alternative goods in performance of any order.
(ii) Descriptions and images of goods on our website and our publicity material price lists and the like, are approximate and for general guidance only, neither they nor any representations made by any of our employees or agents form part of any contract between ourselves and the buyer.
(i) All drawings, designs, specifications and the like which we supply in connection with a quotation or order remain our property and are confidential, they must not be disclosed to any third party without our written permission.
(ii) We recognise the need for the confidentiality of customers drawings, designs and specifications and the like and will preserve the same during the works process.
(iii) We reserve the right to keep confidential the identity of any sub-contractor where we deem it appropriate.
(i) We reserve the right to sub-contract an order or part of there of
14) Health and safety
(i) The buyer will ensure that all information supplied by us on the use of goods (including information of the conditions necessary to secure that use is safe and without risk of health) will be available to and will be applied by his employees and contractors.
15) Force Majeure
(i) We shall be under no liability for any delay in carrying out of for the non-performance of any of our obligations under the terms caused by any circumstances ( including war, riot, accident, fire, flood, storage, industrial dispute and supplies of labour shortages) beyond our direct and reasonable control.
16) Insolvency and breach of contract
(i) The buyer shall commit any breach of the contract and shall fail to remedy such breach (if capable of remedy) with in a period of 30 day from receipt of notice in writing from us requesting such remedy.
(ii) Or any distress or execution is levied upon any goods or property of the buyer or the buyer offers to make any arrangements with or for the benefit of its creditors or commit any act of bankruptcy or be a limited company has a receiver or administrator appointed of the whole or any part of its undertaking property or assets
(iii) An order is made or a resolution passed or analogous proceedings are taken for the winding up of the buyer (save for the purpose of reconstruction or amalgamation without insolvency and previously approved in writing by us)
(iv) We shall therefore be entitled without prejudice to our rights to suspend all further deliveries until the defaults had been made good or to determine the contract and any unfulfilled part thereof at our option to make partial deliveries. Notwithstanding any such terminations the Buyer shall pay us at the Contract Rate for all the Goods Delivered up to an including the date of termination.
(i) These Terms shall in all respect be construed and have the effect according to English Law, and the parties agree to submit to the jurisdiction of the English Courts.