Terms and Conditions of Sale

Definitions

1.1 "Customer" means the person who accepts a quotation of the Company for the sale of Goods or whose order for the Goods is accepted by the Company.
1.2 "Company" means DVS.
1.3 "Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company.
1.4 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.5 The headings in these Conditions are for convenience only and shall not affect their interpretation.

Basis of Sale

2.1 Unless otherwise agreed, all sales made by the Company and purchases made by the Customer are made under these Conditions. 
2.2 No variation to these Conditions shall be binding unless agreed in writing between authorised representatives of the Customer or the Company.
2.3 The Customer shall ensure that the capacity and performance of any goods purchased are suitable for the Customer’s purpose.
2.4 Any typographical, clerical or other error or omission in any sales literature, brochure, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

Price

3.1 The Company reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company, any change in delivery dates, quantities or specifications for the goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.

Terms of Payment

4.1 A Customer who does not hold an authorised credit account facility with the Company will be required to pay for the Goods prior to delivery. The Company reserves the right to request cleared funds prior to delivery depending on the nature and the amount of the goods ordered.
4.2 A Customer who holds an authorised credit account which is being maintained in accordance with the Company’s terms and within the credit limit set shall pay for any goods delivered by the end of the month following the month of invoice. 
4.3 If the Customer fails to make any payment by the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

4.3.1 Suspend any further deliveries to the Customer;
4.3.2 Appropriate any payment made by the Customer to such of the goods (or the goods supplied under any other contract between the Customer and the Company) as the Company may think fit.

4.4 We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

Delivery

5.1 DVS aim to deliver in 2-3 working days unless next day delivery is required (contact us).
5.2 Goods which require installation will be scheduled for delivery and installation subject to the availability of an installation engineer.

Return of Goods

6.1 Any goods which have been specially made or specially ordered for a Customer are non-returnable unless defective. All other goods will incur a 20% restocking charge and carriage back to the Company.
6.2 Any goods which are returned will only be accepted, subject to the above, within 30 days of delivery to the Customer provided that the goods are returned unused, in perfect condition, and in the original packaging. 
6.3 The Customer must contact the Company for authorisation to return goods. Any goods returned to the Company without authorisation or which are not in the condition set out above will be rejected and returned to the Customer at their cost.

Risk and Title

7.1 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the title of the goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
7.2 Risk or loss or damage to the goods shall pass to the Customer upon delivery. 
7.3 Claims for damage to goods must be noted at the time of delivery and notified to the Company in writing within 24 hours of delivery to the Customer.

Warranties and Liabilities

8.1 Subject to the conditions set out below, the Company warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of delivery or, if installed, 12 months from the date the goods are commissioned.
8.2 Any spare parts fitted are guaranteed against manufacturing defect for a period of 3 months after fitting.
8.3 The above warranty is given by the Company subject to the following conditions:

8.3.1 The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, operator error, abnormal working conditions, failure to follow the Company’s or manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Company’s approval; 
8.3.2 The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) until the total price of the goods has been paid in full;
8.3.3 The Company shall be under no liability under the above warranty if the goods are not serviced and maintained in accordance with manufacturers’ and Health and Safety Executive recommendations;

8.4 Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by statute or common law are excluded.
8.5 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Company in accordance with the warranty set out in the Condition 8, the Company shall, or arrange for the manufacturer to repair or, at the Company’s sole discretion, to replace the goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.
8.6 Subject as expressly provided in these Conditions, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for:

8.6.1 Any loss of profit, business, contracts, revenues, or anticipated savings; or 
8.6.2 Any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever

(whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or its use or resale by the Customer.

General

9.1 The Contract shall be governed by the laws of England, and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.