Range overview
General terms of delivery Viega Ltd.
1 Interpretation 1.1 Definitions. In these Conditions, the following definitions apply: “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks are open for business; “Conditions” means the terms and conditions set out in this document as amended from time to time in accord- ance with clause 11.6; “Contract” means the contract between Viega and the Customer for the sale and purchase of the Products in ac- cordance with these Conditions; “Customer” means the person or firm who purchases the Products from Viega; “Delivery” has the meaning given to it in clause 4.3; “Delivery Date” means the date on which Delivery takes place; “Delivery Location” has the meaning given to it in clause 4.2; “Force Majeure Event” means to the extent that they are beyond a party’s reasonable control, any strikes, lock-outs or other industrial disputes of third parties, act of God, riot, war, civil commotion, malicious damage, fire, explosion, terrorist act, compliance with any law or governmental or- der, rule, regulation or direction but excludes any weather related event; “Order” means the Customer’s order for the Products, as set out in the Customer’s purchase order form, the Cus- tomer’s written acceptance of Viega’s quotation, or over- leaf, as the case may be; “Products” means the goods (or any part of them) set out in the Order; “Specification” means any specification for the Products, including any related plans and drawings, that is agreed in writing by the Customer and Viega; “VAT” has the meaning given to it in clause 7.5; “Viega” means Viega Ltd. , a company registered in Eng- land and Wales with company number 09096150 whose registered office is at Palmerston House, 814 Brighton Road, Purley, Surrey, United Kingdom CR8 2BR; and “Warranty” has the meaning given to it in clause 5.1. 1.2 Construction. In these Conditions, the following rules apply: 1.2.1 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amend- ed or re-enacted. 1.2.2 A ny phrase introduced by the terms including, in- clude, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 1.2.3 U nless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. 1.2.4 A reference to writing or written includes faxes and e-mails. 2 Basis of contract 2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or in- corporate, or which are implied by trade, custom, practice or course of dealing. 2.2 The Order constitutes an offer by the Customer to pur- chase the Products in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate. 2.3 The Order shall only be deemed to be accepted when Vie- ga issues a written acceptance of the Order, at which point the Contract shall come into existence. 2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Viega which is not set out in the Contract. 2.5 Any samples, drawings, descriptive matter, or advertising produced by Viega and any descriptions or illustrations contained in Viega’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force. 2.6 A quotation for the Products given by Viega shall not con- stitute an offer. A quotation shall only be valid for a period of twenty (20) Business Days from its date of issue. 3 Products 3.1 The Products are described in Viega’s catalogue as modi- fied by any applicable Specification.
3.2 To the extent that the Products are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify Viega against all liabilities, costs, expenses, damages and losses (including any di- rect, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Viega in connection with any claim made against Viega for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Viega’s use of the Specification. This clause 3.2 shall survive termi- nation of the Contract. 3.3 Viega reserves the right to amend the Specification of any Product(s) if required by any applicable statutory or regula- tory requirements. 4 Delivery 4.1 Viega shall ensure that: 4.1.1 each delivery of the Products is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Viega reference numbers, the type and quantity of the Products (including the code number of the Products, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Products remaining to be delivered; and 4.1.2 if Viega requires the Customer to return any pack- 4.2 Viega shall deliver the Products to the location set out in the Order or such other location as the parties may agree ( “Delivery Location” ) at any time after Viega notifies the Customer that the Products are ready. 4.3 Delivery of the Products shall be completed on the Prod- ucts’ arrival at the Delivery Location (“Delivery”). 4.4 Any dates quoted for Delivery are approximate only, and the time of Delivery is not of the essence. Viega shall not be liable for any delay in Delivery that is caused by a Force Majeure Event or the Customer’s failure to provide Viega with adequate Delivery instructions or any other instruc- tions that are relevant to the supply of the Products. 4.5 If Viega fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Custom- er in obtaining replacement Products of similar description and quality in the cheapest market available, less the price of the Products. 4.6 If the Customer fails to accept Delivery of the Products within three (3) Business Days of Viega notifying the Cus- tomer that the Products are ready, then, except where such failure or delay is caused by a Force Majeure Event or Vie- ga’s failure to comply with its obligations under the Con- tract: 4.6.1 D elivery shall be deemed to have been completed aging materials to Viega, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Viega shall reasonably request. Re- turns of packaging materials shall be at Viega’s ex- pense. at 9.00 am on the third Business Day after the day on which Viega notified the Customer that the Prod- ucts were ready; and 4.6.2 Viega shall store the Products until Delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If ten (10) Business Days after the day on which Viega noti- fied the Customer that the Products were ready for Delivery the Customer has not accepted Delivery, Viega may resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Products or charge the Customer for any shortfall below the price of the Products. 4.8 The Customer shall not be entitled to reject the Products if Viega delivers up to and including 5% more or less than the quantity of Products ordered, but a pro rata adjustment shall be made to the Order invoice on receipt of written notice from the Customer that the wrong quantity of Prod- ucts was delivered. 4.9 Viega may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in Delivery or de- fect in an instalment shall not entitle the Customer to can- cel any other instalment. 5. Quality 5.1 Viega warrants that upon Delivery, and for the statutory period of 6 years after the date of purchase, the products shall:
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