|Terms And Conditions|
1.1. All orders for products and services on the Novus Automation UK website ("novusautomation.co.uk") are accepted by Novus Automation UK ("NovusUK") subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by NovusUK unless agreed in writing by an authorised signatory of NovusUK.
1.2. If a Customer or User of novusautomation.co.uk breaches these terms and conditions and NovusUK takes no action, NovusUK will still be entitled to use its rights and remedies in any other situation where the Customer or User of novusautomation.co.uk breaches these terms and conditions.
1.3. These terms and conditions do not apply to export transactions, to which separate terms and conditions of sale apply.
1.4. NovusUK is a business-to-business supplier. novusautomation.co.uk is intended for use by business customers and not for consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions shall affect the statutory rights of a Customer who deals as a consumer.
2. OUR CONTRACT
2.1. All descriptions of the products and services contained on novusautomation.co.uk or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between NovusUK and the Customer.
2.2. The advertising of products and services in novusautomation.co.uk merely constitutes an invitation by NovusUK for the Customer to make an offer to purchase products and services.
2.3. When the Customer clicks 'Next' after entering payment details at the end of the checkout process this represents such an offer which is accepted by NovusUK when NovusUK send email confirmation to the Customer that they have despatched this order (a "Despatch Confirmation Email"). That acceptance will be complete at the time NovusUK send the Despatch Confirmation Email to the Customer.
2.4. Any products on the same order that have not gone through this process of acceptance do not form part of that contract.
2.5. Unless otherwise agreed in writing, the contract shall in all respects be construed and operated as an English contract and in conformity with English Law. All terms and conditions here only operate to the fullest extent permitted by law.
3.1. NovusUK reserves the right to decline to trade with any company or person. In addition, NovusUK may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, facsimile, email or post within a reasonable period of receipt by NovusUK of the order. In such instances the Customer will not be charged for the order.
3.2. Generally, NovusUK will not charge for any item until it is ready to ship.
3.3. NovusUK executes orders to the Customer's requirements, and does not substitute one product for another unless requested or permitted by the Customer, or unless the product has been superseded. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will, at the Customer's option, either be put on back order to be fulfilled when NovusUK next has available stock or be cancelled without penalty.
3.4. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of '16. CANCELLATIONS' will apply.
3.5. Hard copies of the Customer's order documentation and hard and electronic copies of relevant NovusUK documentation will be kept on file by NovusUK to facilitate easy and accurate re-ordering in the future. This information will be made reasonably accessible upon request.
|Making A Purchase|
4.1. NovusUK will aim to deliver products in accordance with the Customer's order.
4.2. Delivery prices apply per shipment, irrespective of the number of products ordered.
4.3. NovusUK currently ships UK orders by ANC Express Next Day service as standard. The price for this is set out in novusautomation.co.uk current at the time of order. This Next Day service is optionally upgradeable to Before 9, Before 10 or Before 12 if required with prices on application.
4.4. NovusUK currently ships overseas orders by the most cost-effective method that gives traceability. Due to the diverse pricing structures involved in international shipping it is impossible to provide both a cost-effective delivery and an estimate for costs prior to dispatch. The shipping price shown in the checkout process and receipt is for domestic shipping only and should be ignored by international customers. Once the Customer places an order the NovusUK Sales Office will contact them with details of the most cost-effective shipping method. Should the cost be unacceptable the Customer may cancel the order without penalty.
5. TIMES AND DELAYS
5.1. Times and dates for delivery quoted in novusautomation.co.uk or by NovusUK's employees are approximate only and NovusUK shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
5.2. If any delivery is late, the Customer must notify NovusUK, and NovusUK shall endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. If a revised delivery time is not acceptable NovusUK may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
6.1. The Customer must refuse parcels delivered to them in a damaged condition.
6.2. The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within three days of the date of delivery, give notice to NovusUK (with accompanying delivery note where relevant) in detail of:
6.2.1. Any defect in the product that is apparent on reasonable examination. In this case NovusUK shall, at its discretion, replace the product (original to be returned at the Customer's cost and risk) or refund the purchase price;
6.2.2. Any shortfall in products delivered. In this case NovusUK shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
6.2.3. Any delivery of products not in accordance with the order. In this case NovusUK shall, at its discretion, replace the products (originals to be returned at the Customer's cost and risk) or refund the purchase price; or
6.2.4. Any non-delivery of invoiced products, in which case the time limit is within three days of the invoice date. In this case NovusUK shall, at its discretion, despatch the undelivered products or refund the price of the undelivered products.
6.3. If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Section 32(2) and 32(3) of the Sale of Goods Act 1979 shall not apply. NovusUK's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
6.4. The remedies set out above are the Customer's exclusive remedies for apparent defects in the products, short delivery of products, delivery of products not in accordance with the order and non-delivery of invoiced products. NovusUK shall not be liable for any losses, consequential or otherwise, arising from these circumstances.
|Shipping And Handling|
7. RISK AND OWNERSHIP
7.1. Risk of loss of or damage to the products in transit shall pass to the Customer immediately on despatch.
7.2. Absolute ownership of the products shall not pass to the Customer until all sums due to NovusUK from the Customer for all products ordered from NovusUK have been received by NovusUK (in cash or cleared funds).
7.3. If a Customer with credit terms is late in paying any sum to NovusUK, then NovusUK shall be entitled to the immediate return of all products where the ownership has not passed to the Customer.
7.4. The Customer agrees to store, record and identify as appropriate goods in such a way that they are readily identifiable as the property of NovusUK, whether on the Customer's premises or elsewhere and authorises NovusUK and its agents to recover the products, and to enter any premises of the Customer for that purpose.
7.5. Demand for or recovery of the products by NovusUK shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or NovusUK right to sue for the whole of the price.
8. REMITTANCE TERMS
8.2. NovusUK payment terms for customers registered for credit accounts are strictly thirty (30) days from date of invoice and observance of this is essential to ensure future deliveries. If payment is not made by due date an interest charge may be made monthly on the outstanding amount at two per cent above the current Bank Rate.
9. TAX CHARGES
9.1. For orders made from the UK, 20% VAT is added. For orders made from the European Union, 20% VAT is added unless the Customer checks the exemption box and provides a valid VAT number. All other orders are VAT free.
10. CREDIT CARD SECURITY
10.1. No credit card information is entered on any site operated by NovusUK. All credit card details are entered directly into the secure area of our nominated, fully acredited third party payment service provider, as part of our PCIDSS compliance.
11.1. When ordering goods from NovusUK for delivery outside of the European Union a Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance are borne by the Customer; NovusUK has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; it is therefore recommended that the Customer contacts their local customs office for further information.
12. PRODUCT AND AVAILABILITY INFORMATION
12.1. NovusUK reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of novusautomation.co.uk.
12.2. Unless otherwise confirmed, nothing in novusautomation.co.uk is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
13.1. NovusUK offers the following services in respect of the products: repair, recalibration, programming.
13.2. NovusUK may quote a turnaround time target for these services, but NovusUK shall be under no liability if it fails to comply with such target.
13.3. Except in respect of the repair service, the product must be free from physical and electrical damage and from modifications (other than modifications detailed in the literature supplied with the product).
13.4. The conditions which apply to each of these services are set out below.
220.127.116.11. The repair service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the product).
18.104.22.168. Any instructions set out in the repair information supplied with the product in question must be complied with, as must the NovusUK Returns Procedure as follows.
22.214.171.124 RETURNS PROCEDURE
126.96.36.199.1 Before returning any goods the Customer should first contact NovusUK via telephone, facsimile, post or at firstname.lastname@example.org to try and resolve any issues as quickly as possible, and to receive notification of return details and an RMA number, which is to be quoted on all paperwork.
188.8.131.52.2. The Customer must then return the products suitably packaged and, where relevant, returned in accordance with any particular instructions which NovusUK may have notified to the Customer at the time of supply. All returns are sent to NovusUK at the Customer's cost and risk.
184.108.40.206.3. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products, the RMA number and the nature of any claimed defect, together with such further information as NovusUK may at the time of supply have stipulated.
220.127.116.11. Where the Customer returns products otherwise than in accordance with these provisions, NovusUK may refuse such products and return them to the Customer at the cost of the Customer.
18.104.22.168. NovusUK may at its absolute discretion either repair the product or replace it with a substitute product.
22.214.171.124. Any products which are replaced by NovusUK shall become the property of NovusUK. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of despatch and invoice. The period of a repaired product's warranty shall also be calculated from the date of despatch and invoice.
126.96.36.199. Any Customer-generated software returned with a product may be erased or otherwise destroyed on receipt and NovusUK shall not be under any liability whatsoever in respect of any data contained in such software.
188.8.131.52. If the product is under warranty (see '14. WARRANTY' for more information) NovusUK will repair free of charge.
184.108.40.206. If the product is not under warranty NovusUK will advise the Customer of costs before proceeding. If the repair is not proceeded with after receipt of a costs quotation, NovusUK reserve the right to charge an inspection fee of £35.00 and return the product at the Customer's cost and risk.
220.127.116.11. Where product or part is returned as faulty or for examination and no fault is found, a handling charge of £35.00 may be made in addition to the cost of return of goods.
18.104.22.168. NovusUK will check the product for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to national standards. Full details are supplied by NovusUK on request.
22.214.171.124. The Customer shall be liable to NovusUK for any damage and/or expense to NovusUK arising from any computer virus present in any media supplied to NovusUK by the Customer for use in programming or software-based services.
126.96.36.199. Any data or programmes contained in Customer's devices may be erased or otherwise destroyed and NovusUK shall not be under any liability whatsoever in respect of any such data or programmes.
188.8.131.52. The Customer must advise NovusUK of its specific requirements and NovusUK accepts no liability if the Customer fails to do this.
184.108.40.206. The Customer warrants that the copying or processing by NovusUK of any programme supplied to NovusUK in any form will not infringe the intellectual property or other rights of any third party.
14.1. NovusUK warranty details
14.1.1. For goods purchased from NovusUK: NovusUK warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to NovusUK within 12 months of the original date of despatch, or such other longer period as may be indicated by NovusUK for specific products from time to time in writing, and the provisions below. Note that software is not included in this warranty.
14.1.2. For services purchased from NovusUK (as referred to in '13. SERVICES'): NovusUK warrants that if any service is defective, it will, at its option, either rectify the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to NovusUK within 12 months of the date of the invoice, or such other longer period as may be indicated by NovusUK for specific services from time to time in writing, and the provisions below.
14.2. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of NovusUK.
14.3. WARRANTY RETURNS PROCEDURE
14.3.1. Before returning any goods the Customer should first contact NovusUK via telephone, facsimile, post or at email@example.com to try and resolve any issues as quickly as possible, and to receive notification of return details and an RMA number, which is to be quoted on all paperwork.
14.3.2. The Customer must then return the products suitably packaged and, where relevant, returned in accordance with any particular instructions which NovusUK may have notified to the Customer at the time of supply. All returns are sent to NovusUK at the Customer's cost and risk.
14.3.3. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products, the RMA number and the nature of any claimed defect, together with such further information as NovusUK may at the time of supply have stipulated.
14.4. Where the Customer returns products otherwise than in accordance with these warranty provisions, NovusUK may refuse such products and return them to the Customer at the cost of the Customer; the NovusUK warranty shall not apply and NovusUK shall be discharged from all liability arising from the supply of defective goods to the fullest extent permitted by law.
14.5. Any products which are replaced by NovusUK shall become the property of NovusUK. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of despatch and invoice.
14.6. Where product or part is returned as faulty or for examination and no fault is found, a handling charge for time spent at NovusUK current charging rate of £65.00 per hour (minimum charge £35.00) may be made in addition to the cost of return of goods
14.7. The remedies set out above shall be NovusUK's sole liability and the Customer's sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions, all implied guarantees, warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. NovusUK will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied guarantees, warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on NovusUK by operation of law.
14.8. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
15.1. NovusUK will be responsible for any losses the Customer suffers as a result of NovusUK breaching these conditions if the losses were reasonably foreseeable to both NovusUK and the Customer when the Customer commenced using novusautomation.co.uk, or a contract for the sale of goods by NovusUK to the Customer was formed.
15.2. NovusUK shall not be liable for any business loss including intellectual property rights infringement, punitive damages, loss of revenue, loss of profits, loss of expected future business, loss of anticipated savings, loss of data, wasted expenditure, damage to reputation or goodwill, loss of any order or contract or any other consequential or indirect loss or damage, all as may result from, or be connected with:
15.2.1. Any express or implied terms of the contract between NovusUK and the Customer, or of any order accepted by NovusUK;
15.2.2. Any duty of any kind imposed on NovusUK by law arising out of or in relation to the contract or order;
15.2.3. Any defect in the products or services; or
15.2.4. Any other reason that is not reasonably foreseeable to both NovusUK and the Customer when the Customer commenced using novusautomation.co.uk or when a contract for the sale of goods by NovusUK to the Customer was formed.
15.3. NovusUK shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.
15.4. NovusUK does not limit in any way its liability by law for death or personal injury caused from its negligence or breach of duty or caused by its gross negligence or wilful misconduct.
|Tax Charges For orders made from the European Union, the prevailing VAT rate at the time of invoice is added unless the customer is a VAT registered business and provides its (valid) VAT number at time of order. All other orders are VAT free.|
|Credit Card Security|
16.1. The Customer may not cancel orders once accepted by NovusUK.
16.2. NovusUK may, at its discretion and in writing, allow an order to be cancelled subject to NovusUK recovering from the Customer the costs incurred by NovusUK. This charge will be a minimum of 10% of the selling price and, where equipment is specially manufactured or stocked, or where it cannot be returned to NovusUK's supplier(s), generally a maximum of 75% of the selling price subject to a minimum administration fee of £50.
16.4. In the event of part cancellation, NovusUK may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
16.5. Save as expressly provided in these terms and conditions, all implied rights of return (whether statutory or otherwise) are excluded to the fullest extent permitted by law.
16.6. A Customer in the EU dealing as a consumer has a 'cooling-off' period of 7 days following receipt of goods in which goods may be returned, at the Customer's cost and risk, for a refund. Goods must be in the same condition as despatched (unused, unopened and boxed), and software, calibrated products, or specially manufactured products are excluded. NovusUK accepts no responsibility for any loss of or damage to products in transit or for any items received by NovusUK with them.
17. FORCE MAJEURE
17.1. A force majeure event is any event beyond the reasonable control of NovusUK (including strikes, traffic congestion, the downtime of any external line, or NovusUK inability to procure services, materials or articles required for the performance of the contract except at enhanced prices).
17.2. If NovusUK is prevented or restricted from carrying out all or any of its obligations under these terms and conditions by reason of any force majeure event, then NovusUK shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period.
17.3. If the force majeure event continues for a period longer than 14 days, NovusUK may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.
17.4. This condition does not affect relevant statutory rights.
19. CUSTOMER ACCOUNTS
19.1. If users use the 'log-in' area of novusautomation.co.uk, they are responsible for maintaining the confidentiality of their username and password and for restricting access to their computer(s) to prevent unauthorised access to their account. Users agree to accept responsibility for all activities that occur under their username or password. Users should take all necessary steps to ensure that the password is kept confidential and secure and should inform NovusUK immediately should they have any reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
19.2. Users are asked to ensure that the details they provide NovusUK with are correct and complete and to inform NovusUK immediately of any changes to the information that they provided when registering.
19.3. NovusUK reserves the right to refuse access to novusautomation.co.uk, terminate accounts, remove or edit content, or cancel orders at its discretion. If NovusUK cancels an order, it will be without charge to the Customer (see '3. ORDERING').
20. LICENCE FOR WEBSITE ACCESS
20.1. NovusUK grants any User of novusautomation.co.uk a limited licence to access and make personal use of novusautomation.co.uk, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NovusUK. This licence does not include any resale or commercial use of novusautomation.co.uk or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of novusautomation.co.uk or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
20.2. novusautomation.co.uk or any portion of novusautomation.co.uk may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of NovusUK.
20.3. Any User of novusautomation.co.uk may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NovusUK without express written consent. Any unauthorised use terminates the permission or license granted by NovusUK.
20.4. Any User of novusautomation.co.uk is granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of novusautomation.co.uk as long as the link does not portray NovusUK, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Users may not use any proprietary graphic or trademark as part of the link without the express written consent of NovusUK and/or, where appropriate, Novus Electronics (Brazil).
21. USER CONDUCT
21.1. Users must not use novusautomation.co.uk in any way that causes, or is likely to cause, novusautomation.co.uk or access to it to be interrupted, damaged or impaired in any way. Users understand that they, and not NovusUK, are responsible for all electronic communications and content sent from their computer to NovusUK and they must use novusautomation.co.uk for lawful purposes only. Users must not use novusautomation.co.uk for any of the following:
21.1.1. for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
21.1.2. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam;' or
21.1.3. to cause annoyance, inconvenience or needless anxiety.
22. ACCESS TO NOVUSAUTOMATION.CO.UK
22.1. NovusUK shall endeavour to ensure that availability of novusautomation.co.uk will be uninterrupted and that transmissions will be error-free; however, due to the nature of the internet, this cannot be guaranteed. Also, users' access to novusautomation.co.uk may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. NovusUK shall attempt to limit the frequency and duration of any such suspension or restriction.
23. ELECTRONIC COMMUNICATIONS
23.1. When users visit novusautomation.co.uk or send emails to NovusUK, they are communicating with NovusUK electronically. NovusUK communicate with users by phone, fax, email or by posting notices on novusautomation.co.uk. For contractual purposes, users consent to receive communications from NovusUK electronically and agree that all agreements, notices, disclosures and other communications that NovusUK provides to them electronically satisfy any legal requirement that such communications be in writing. This condition does not affect relevant statutory rights.
24.1. NovusUK makes no warranties, representations or undertakings about:
24.1.1. Any of the content of novusautomation.co.uk (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content); or
24.1.2. Any content of any other website referred to or accessed by hypertext links or otherwise through novusautomation.co.uk ("Third Party Site").
24.2. NovusUK does not endorse or approve the content of any Third Party Site, nor will NovusUK have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).
25. ALTERATION OF SERVICE OR AMENDMENTS TO THE TERMS
25.1. NovusUK reserves the right to correct errors on and make changes to novusautomation.co.uk (including prices and offers), policies, and these terms and conditions at any time without liability to the User or Customer. Users and customers will be subject to the policies and terms and conditions in force at the time that they use novusautomation.co.uk or that they order goods from NovusUK, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
26. OUR DETAILS
novusautomation.co.uk is the company website of and is operated by Novus Automation UK, a trading name of UK Control Centre.
UK Control Centre
T/A Novus Automation UK
Unit 1 Wilmot Hall
Golden Butts Road
Registered Number: 4569160
VAT Registration Number: 808 9848 74
You can contact us by clicking Contact Us.
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes