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General

Unless otherwise agreed in writing by the seller these conditions which supersede any earlier sets of conditions appearing in the seller’s catalogues or elsewhere shall override any terms and conditions stipulated, incorporated or referred to by the buyer whether in the order or in any negotiations.

The seller may adopt any changes in manufacture or design of the goods or the specification thereof at any time before or after order by the purchaser and the buyer shall accept the goods so changed in fulfilment of any order. The goods are supplied in accordance with the specification (if any) submitted to the buyer and any additions and alterations shall be the subject of an extra charge at the seller’s entire discretion.

The quoted price for the goods may be varied by additions upwards by the seller in accordance with market conditions at the date of actual supply and the buyer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour and / or materials operation and / or transport or charges made by the seller’s suppliers of goods and / or services.

Any time or date named by the seller for delivery is given and intended as an estimate only, time is therefore not of the essence in respect of delivery. The seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.

Delivery shall be taken by the buyer within the period (if any) named in the quotation or order and such full details as may be necessary (or required by the seller) to enable the seller to complete delivery within such period shall be supplied by the buyer. Time for acceptance of delivery is of the essence at the sole discretion of the seller. If for any reason the buyer is unable to accept delivery of the goods at the time when the goods are due and ready for delivery the seller may if its storage facilities permit, store the goods and may take steps to prevent their deterioration until their actual delivery. The buyer shall be liable to the seller for the reasonable cost (including insurance loss of profit and loss of interest) of its so doing. The seller will not be liable for any deterioration or insurance of the goods to the buyer or others. This provision shall be in addition to not in substitution for any other payment or damages for which the buyer may become liable in respect of his failure to take delivery at the appropriate date.

Title to all goods supplied remains in the ownership of Vesty UK Limited until paid for in full. In the event of any such matters occurring under clause 7 hereof the seller, his agents and servants may enter the premises in which the goods are or may be in order to retake actual possession of the goods. The seller, his agents and servants will not be liable for any damage arising as a consequence of taking any such action. Shortages, damage in transit – claims must be notified in writing to the seller within seven days from receipt of goods.

If the buyer shall make default in or commit any breach of any of his obligations to the seller or if any distress or execution shall be levied upon the buyer his (or others) property which may be under his control or assets which my be under his control or if he (the buyer) shall make or offer to make any arrangements or composition with the creditors or commit any act of bankruptcy shall be presented or made against him, or if the buyer shall be a limited company and any resolution or petition to wind up, such company’s business shall be passes or presented otherwise than for construction or amalgamation or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed, the seller shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted to it to the buyers last known address any subsisting order shall be deemed to have been determined without prejudice to any claim or right the seller might otherwise make or exercise.

Should default be made by the buyer in paying any sum due under any order as when it becomes due, the seller shall have the right either to suspend all further deliveries until the default is made good or to cancel the order at his discretion at any time so far as any goods remain to be delivered there under without any liability for any consequential loss or damage.

Payment – all invoices are due within thirty days of date of despatch of goods unless otherwise provided for. Vesty UK reserves the right to charge interest on all overdue accounts from the date of despatch of goods at 3.5% above the current base rate of HSBC Bank Plc from time to time in force.

The buyer shall indemnify the seller against all damages penalties costs and expenses, to which the seller may become liable if any work done in accordance with the buyer’s specification involves an infringement of a registered design, trade mark or patent.

In case of partial completion of an order the seller shall be entitled to a quantum merit in respect of all work done by it without prejudice to its rights should the buyer occasion non-completion.

In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war rebellion, revolution, insurrection or military or usurped power the seller shall be relieved of liabilities incurred under this contract wherever and to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by any statute, rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority or from strikes, lockouts, breakdown of plant or any other causes (whether or not of a like nature) beyond the seller’s control.

The seller reserves the right to subcontract the fulfilment of the order (including any installation) or any part thereof.

Warranty

Vesty UK reserves the right to either replace or credit items proven to be of faulty manufacture.

Goods must not be refunded or replaced under warranty until approved by any be prior written notification to Vesty UK.

All guarantees, warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute, common law or otherwise which may be and can be by contract are hereby excluded and negative.

Unless otherwise agreed these conditions and the contract shall be subject to and construed in accordance with English law.

Offers & Promotions

'Web' offers and 'in-house' offers may vary. Due to the nature of our systems, we can only offer some promotions on the B2B site and others in-house. There may be some exceptions where we can offer the same promotion on BOTH the B2B site and in-house. Our website and phone order systems work in different ways. Any promotions DO NOT sync between the two.

Delivery

Orders placed before 3pm will be delivered next day. We will always attempt to supply next day delivery but this cannot be guaranteed if order is placed after 3pm. Saturday delivery is available at extra cost, please contact us for details.

Free standard delivery on orders over £150.00 UK mainland only. Northern Ireland, highlands, islands and off-shore orders over £250 qualify for free delivery. NOTE: Web orders to highlands, islands and off-shore may carry an extra delivery charge. Orders through the website will be dealt with Monday to Friday, 9am until 4pm (Orders placed on a Friday will be delivered the following Monday unless Saturday Delivery has been requested). Orders placed over weekends will be handled on a Monday for Tuesday delivery.

Returns

It is mandatory to include a returns form with all returned goods.

Returned goods must be in the same condition as sent and in original packaging ready for re-sale.

All returned goods must be sent back within 10 working days of receipt, any returns outside of this time frame may be rejected.

Responsibility on non delivery of returned items rests with the sender.

Any damaged goods must be reported immediately by phone within 24 hours of receipt of delivery.

A 15% restocking fee will be charged on all returned goods that were supplied correctly but are no longer required.

No credit will be issued for returned goods sold under special terms- End of line, Discounted, Promotion or Special order items.

Any goods sent incorrectly by Vesty UK will be re-sent with no carriage cost payable by the dealer involved once accepted by Vesty UK.

Any claims for Warranty must be made by phone to the sales office prior to returning the goods. Vesty UK will cover carriage costs for items accepted as warranty but reserve the right to replace or repair any goods rather than issue a credit note where applicable. Any items not accepted as warranty will be returned to the dealer if requested and no carriage costs will be accepted by Vesty UK.

WE DO NOT ACCEPT RETURNS ON ANY CLEARANCE/PROMOTIONAL ITEMS.

Trademarks

The brand names APICO and RACELINE are registered trademarks, which belong solely to Vesty UK. Use of these trademarks is strictly forbidden without prior written notice from Vesty UK.

All products on this site are represented by an image. We have endeavoured to use the correct image, though where this has not been possible a substitute image has been used. Please make sure the product information is correct before processing your order, as Vesty UK will not be responsible for any incorrect orders based on the images supporting the product on the website.

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