The terms of trade set out below govern all of the supplies of Products and Services from Invehō Limited (“Inveho”, “We”, “Us”) to the customer (“Buyer” “You”). Goods means the goods (Hardware as per quoted in written Quotations, Purchase Orders and Invoices – and including any software of the goods or any part of them should they be quoted in accordance with written Quotations, Purchase Orders or Invoices) which the Seller is to supply in accordance with the Contract.
These terms will replace all earlier terms of trade and any conditions contained in any document used by you and purporting to have contractual effect. Your acceptance of any Products from Invehō Limited indicates your acceptance of these terms of trade.
1.1 Invehō Limited reserves the right to change these terms of trade from time to time.
1.2 Invehō Limited reserves the right to refuse or accept any order or any part of an order, and to deliver goods by installments, in which case each installment will comprise a separate contract and shall be paid for as if it was a separate order.
1.3 Prices may be subject to change without notice.
1.4 You agree to pay for the Products or Services in full without deduction or set-off and to pay goods and services tax and any other government duties, levies or taxes in respect of the Products.
1.5 You agree to pay all delivery costs.
1.6 Where an order has been accepted by Inveho, the Buyer may not cancel the order for goods without written consent. Where consent is given to cancel an order, Inveho reserves the right to recover costs incurred in servicing the cancelled order.
2.1 Payment terms for the products and/or services shall be of the essence and shall be stated on the invoice. If no time is stated then payment shall be due within 7 days from the date of issue of the Invoice.
2.2 The method of payment to be made is by cash, by cheque, by direct credit or by any other method as agreed to between the Buyer and the Invehō Limited.
2.3 Unless we have agreed to extend credit to you, you must pay in cash or by Business or Bank cheque before supply. We have sole discretion to determine the amount of credit we will extend to you at any time.
2.4 Ownership and title to all goods remains with Inveho and does not pass to the Buyer until payment is made in full.
2.5 Outstanding / Late payments: In any event of outstanding and/or late payments due, Inveho shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed to.
3.1 Unless otherwise stated in writing at time of quotation, all Products will be box shipped and it is your responsibility to assemble, configure and install them.
3.2 Where you ask us to deliver goods directly to another person or party, that person takes possession of the goods for you as your agent, but you are still directly responsible to us under these terms of trade.
4.Warranties, Liability and returns
4.1 You acknowledge and agree that returns shall only be accepted by us in accordance with this returns policy as notified to you from time to time, and that you may receive a credit for goods returned only if we have consented in writing.
4.2 All claims for shortage or damage during delivery must be made to the carrier within 7 days of the date of delivery. Where goods appear to be damaged or missing you must contact the carrier and Invehō Limited immediately.
4.3 All Goods are sold subject to the express warranty terms specified by the original manufacturer or supplier that We will pass onto you to the extent achievable, the benefit of such guarantee or warranty relating to the goods as it may receive from the manufacturer of the Goods.
4.4 Where goods are subject to a return to base warranty, you are responsible for returning them to us or the manufacturer (as provided by the warranty) and you may be responsible for additional costs including (but not limited to) freight.
4.5 Any warranty may be voided by damage to or misuse of the system, problems caused by the use or misuse of software, negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorized repairs, modifications or the addition of incompatible hardware.
4.6 Save as expressly provided in these Conditions, we shall be under no liability to the you otherwise. Any Contract or claims for any loss or damage howsoever caused to you or any other person including, without limitation, any loss of profit, loss of earnings, damage to property, business interruption, damage to reputation or goodwill or any indirect, special or consequential loss or damage (save in respect of death or personal injury resulting from negligence) and any term, condition or representation to the contrary whether express or implied by statute, common law or otherwise is hereby expressly excluded as far as it is possible to exclude it, save for fraudulent misrepresentation to which this exclusion shall not apply.
4.7 The liability of the Inveho Limited to the you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price paid by the you for the goods.
5. FORCE MAJEURE
5.1 Neither party is liable to the other for failing to meet its obligations under this Agreement to the extent that the failure was caused by an act of God or other circumstance beyond its reasonable control. However where a party has been unable to perform its obligations for a period of 60 days or more the other party may immediately terminate this Agreement by giving notice in writing to the first party.
5.2 Nothing in clause 5.1 shall excuse a party from any obligation to make a payment when due under this Agreement.