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Terms and conditions of use

Terms & Conditions
  • The following conditions are deemed to be incorporated in all Sales Contracts entered into by Neek57 Ltd (hereinafter called “Neek57”) and represents the only basis upon which goods can be supplied save to the extent that the conditions have been varied by express agreement in writing signed by both the Customer and for and on behalf of Neek57 by a Director. To the extent that these Conditions of Supply contradict any standard Terms and Conditions of the Customer then these Terms and Conditions shall prevail.
  • Delivery of goods will be next day wherever possible. This delivery is subject to stock and related issues as well other factors outside our control. The time for delivery shall therefore not be of the essence.
  • The Customer shall pay the reasonable cost of delivery and insurance of the goods whilst in transit to the Customer.
  • Claims arising for damage to, shortage or partial loss of the goods in transit shall not be entertained by Neek57 unless notified in writing to Neek57 within 3 days from the date of receipt of the goods by the Customer and in respect of claims for non-delivery unless notified in writing to Neek57 within 5 days of despatch by Neek57 of the invoice relating to the goods allegedly the subject of non-delivery.
  • Claims by the Customer in respect of defective goods should be made in writing and accompany the return of the sold defective goods at the Customer’s expense. At Neek57’s sole discretion for accepted claims such defective goods will be replaced at Neek57’s cost.
  • Neek57 shall not in any circumstances whatsoever be liable for any incidental or consequential loss expense or damage arising directly or indirectly out of goods supplied or by reason of any failure to supply goods ordered or by reason of any failure of the goods to comply with the Customer order or specification.
  • Neek57 shall not be liable for any failure to fulfil any order, contract or agreement where the failure is due to circumstances beyond Neek57’s control including (but without limitation to the generality of the foregoing) strikes, lockouts, labour disputes or any kind (whether relating to Neek57’s own workforce or others) Act of God, war, terrorism, fire, flood, force majeure or any other courses beyond Neek57’s control.
  • Neek57 reserves the right to sub-contract any order or part thereof.
  • Neek57 shall not be obliged to fulfil an order to a Customer being a Company or Firm which has passed a resolution, or the Court has made an Order for winding up compulsorily or voluntarily or where a Receiver or Manager has been appointed on behalf of a Creditor or where a Liquidator has been appointed.
  • The risk in the goods passes to the Customer upon delivery.
  • In cases where goods have been delivered on a pallet, it is the Customer's responsibility to dispose of the pallet as they see fit.
  • The property in the goods shall not pass to the Customer, whether or not the Customer shall have taken delivery of the goods or any part thereof, until the Customer shall have paid to Neek57 the whole of all sums due to Neek57 under the contract or order and Neek57 shall be entitled to recover from the Customer any goods supplied in respect of which property has not passed to the Customer but without prejudice to Neek57’s rights under these Terms and Conditions.
  • All orders for goods until accepted or rejected at its discretion by Neek57 shall be deemed to be an offer by the Customer to purchase goods pursuant to these Conditions and all goods are offered subject to availability. Neek57 reserves the right at any time to impose a minimum order quantity on any orders for goods prior to the order being accepted by Neek57.
  • Payment of the total invoice value shall be made within 1 day of the date of the invoice. The time of payment shall be the essence of the contract.
  • Whilst Neek57 has attempted to ensure that the information within its price lists, web site and any other publications is correct at the time of publication they do not form part of any contract of sale of goods. For technical reasons colour illustrations should be viewed as a guide only.
  • Any typography, clerical or other error or omission in any of the sales literature, quotation, price list, web site or any other documentation or information issued by Neek57 shall be subject to correction without any liability on the part of Neek57.
  • All prices are correct at time of going to press and are in pounds sterling and are exclusive of V.A.T.
  • Neek57 reserves the right to, alter, amend or withdraw at any time without notice any of these Terms and Conditions.
  • Neek57 shall credit Customers for products which are returned within 30 days of delivery provided always that the Customer has an authorised returns number from Neek57 that is clearly visible on the outer packaging not the products packaging and the goods remain unopened and are returned in their original packaging and in the condition in which they were delivered otherwise Neek57 shall have the sole discretion not to accept the return of goods.
  • If a Customer fails to make payment on the due date then without prejudice to any other right or remedy available to Neek57, Neek57 shall be entitled to charge the Customer:

    • a. Interest (both before and after any judgement) on the amount unpaid at the rate of 3% per month until payment is made (a part month being treated as a full month for the purpose of calculating interest).
    • b. An administration fee of £30.00.
  • The contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction for the English courts in relation to any dispute hereunder.
  • Nothing in this agreement shall confer, nor do the parties intend it to confer, any enforceable rights on any third party and the Contracts (Rights on Third parties) 1999 shall not apply.