Terms & Conditions

Quotations

Each quotation made by Voyager Blue Ltd (hereinafter called “the Company”) shall be valid for a period of 30 days from the date hereof. “The Customer” shall mean any person who orders goods from the Company and pays the Company directly therefore. Each quotation is made on the basis that the goods are for use in the country to which such quotation is sent unless otherwise stated. Only the issue of the Customer’s order and written acceptance thereof by the Company shall constitute a contract.

Contracts

The Company offers goods for sale subject only to the terms and conditions which follow to the exclusion of all other items, conditions, guarantees and warranties (including any as to quality or fitness for any particular purpose) whether express or implied, statutory or otherwise. No variation from or addition to such terms and conditions shall have effect unless it is expressly adelccepted by the Company in writing signed by an authorised representative thereof. The Company’s price lists, catalogues and other advertising material shall not form part of any contract between the Company and the Customer.

Warranty

The Company guarantees the goods and will replace or rectify defective materials or faulty workmanship in the goods subject to the contract for a period of 14 days from the date that the Customer takes, or has the right to take, physical possession of the goods, whichever is earlier, provided that the goods have been used in accordance with their intended use and maintained in accordance with the Company’s recommendations. Claims must be made promptly and in any event within 14 days from the date on which the fault or defect becomes apparent. The Customer shall be liable for cost incurred in returning defective goods and the Company will be liable for cost incurred in despatching repaired or replacement goods. All express and implied conditions, warranties and other liability arising under common law or statute are expressly excluded. Save as hereinbefore expressed the Company shall be under no liability in contract, tort or otherwise for any personal injury, loss or damage of whatsoever kind however caused or for anything done or committed in connection with the goods or any work carried out in connection therewith.

Delivery

a) Unless otherwise agreed in writing, delivery of the goods shall be ex-works, UK.

The Company shall not be liable for any damage occurring after collection. Unless the Customer instructs the Company in writing to the contrary, insurance will not be effected beyond that stage and all losses occurring thereafter will be the responsibility of the Customer. The goods shall be at the risk of the Customer upon despatch thereof to the Customer.

VoyagerBlue aims to despatch within 48 Hours with a delivery schedule using 1st class mail of 5 working days.

b) The property in the goods shall remain with the Company and shall not pass to the Customer until all monies payable hereunder have been paid in full.

c) Until payment of all monies has been made in full the Customer undertakes to the Company

i. to keep the goods in suitable repair and condition

ii. if requested by the company, to place on the goods a notice to the effect that the goods are the property of the Company

iii. at all times to keep the goods suitably housed in premises under the control of the Customer, to notify the Company at/or before the time of delivery of the location of the goods and not without the previous consent in writing of the Company to remove the goods to another location.

iv. to allow the Company, its servants or agents at all reasonable times access to the premises in which the goods are housed in order to inspect the same

v. in the event of default in making payments in accordance with the terms of these conditions to permit the Company, its servants or agents to enter any premises wherein the goods are housed and to remove the goods and to pay all reasonable costs of the Company in effecting such entry and removal and the transport of the same to the Company’s premises and

vi. to maintain insurance against loss or damage of the goods in the full replacement value thereof including the cost of transport to and installation at the Customer’s premises and to hold any proceeds of such insurance and all rights to obtain payments under such insurance in trust for the Company.

Delivery Delays

Whilst the Company will use reasonable endeavours to adhere to any time stated for delivery it shall not be liable for damage caused directly or indirectly by any delay in delivery or completion howsoever caused.

Suspended Or Withheld Deliveries

The Company may suspend or withhold deliveries if and when ever production of the goods or performance of the contract is prevented or interfered with, hindered, lessened, delayed or rendered commercially impracticable either directly or indirectly through circumstances beyond the Company’s reasonable control including (but without prejudice to the generality of the foregoing) instructions (whether or not of legal force) of any British or foreign Government Department or Authority, mechanical breakdowns, accidents, civil commotion, labour disputes, shortages of fuel, power, labour or raw materials, and inability to obtain permission to export or import. If by reason of any such circumstances or of national emergency, the quantities of goods or of any materials used in the production thereof, reasonably available to the Company shall be less than the Company’s total needs for its own use and for sale, the Company may allocate its available supply of any such goods or materials to any one or more of its customers on any basis it may deem proper. In such circumstances the Company undertakes to refund any monies paid to it for goods not delivered but shall not otherwise be under any liability whatsoever.

Samples

Notwithstanding that a sample or model may have been submitted or exhibited such sample or model will be deemed to have been so submitted or exhibited solely to give the Customer an idea of the type or class of the goods and shall not cause the contract (if any) to be a contract for sale by sample. Descriptive matter, weights, dimensions submitted and the descriptions and illustrations contained in the Company’s catalogues, pamphlets, price lists and other advertising matter are approximate and by way of identification only and are intended merely to present a general idea of the goods described therein and shall not constitute a sale by description.

Condition of Goods

The Company’s goods are carefully inspected and, where practicable, submitted to the Company’s standard tests at the Company’s works before despatch. If tests other than those specified in the Company’s offer or tests in the presence of the Customer or his representative are required these will be charged for. In the event of any delay on the Customer’s part in attending such tests after fourteen days notice that the Company is ready, the tests will proceed in the Customer’s absence and shall be deemed to have been made in the Customer’s presence.

If requested, a report on the condition of the goods, signed by a senior executive of the Company, will be submitted to the Customer in lieu of any such additional tests.

Despatch of Contracts

If by reason of instructions or lack of instructions from the Customer, despatch of goods in accordance with the contract is delayed for more than 14 days after the Customer has been notified that the goods are ready for despatch, for purposes of delivery the goods shall thereupon be deemed to have been delivered. If and for so long as the Company’s storage facilities permit, the Company may store the goods and the Customer shall pay a reasonable charge therefore.

Order Cancellation

In the event of any orders for goods manufactured by the Company being cancelled between 120 and 60 days prior to the scheduled delivery date the Company reserves the right to charge the Customer a cancellation charge equivalent to 20% of the order value and the full price of any goods not of the Company’s manufacture or of special construction.

Cancellation cannot be accepted for goods less than 60 days before the scheduled delivery date.

Pricing

a) The Company will endeavour to maintain prices quoted, but unless otherwise agreed in writing any price contained in this offer may be changed by the Company without notice. Any such change shall reflect changes in costs which have been incurred by the company between the date of quotation and the date that delivery is effected.

b) The price stated will not apply to quantities less or delivery rates lower than those specified overleaf. Variations or suspension of work by the Customer or instructions contrary to or lack of instructions necessary for the performance of this offer may result in price adjustment and/or delays in delivery.

c) Unless otherwise agreed in writing goods notified by the company as ready for despatch, or that have been despatched, will be invoiced and payment in full shall be due in accordance with the terms as highlighted in the attached quotation.

d) If a customer requires delayed delivery the Company reserves the right to increase its prices on account of increases in cost of wages or materials and any such increase shall form part of the purchase price and shall be of such amount as the Company may in its sole discretion determine.

In the event that the Customer is in default with any payment the Company reserves the right to charge interest upon all payments for the time being outstanding at a monthly rate of 2 per cent.

Bankruptcy

In the event of any distress or execution, being levied against the Customer or in the event of any act of bankruptcy or any arrangement or composition with creditors or any offer thereof on the part of the Customer in the event of any resolution or Petition for the winding up of the Customer or the appointment of a Receiver of the Customer or the equivalent of any of the above the Company shall at its option be entitled to determine forthwith any contract on its part by notice in writing of such determination by post to the Customer’s last known address but without prejudice to the right of the Company to be paid pro tanto for any work carried out by it pursuant to such contract prior to such determination.

Damage or Loss Liability

The Company shall not in any event be liable for indirect or consequential damage or loss howsoever caused. The Company’s maximum liability in respect of any one contract shall be limited to the replacement of the goods ordered hereunder or to a sum not exceeding the net invoice value thereof.

Arbitration

Any contract entered into by the Company shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts to which the Customer hereby agrees to submit.

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