Trading terms
Validation
1.1. These terms and conditions apply to all sales. Any variations to these terms and conditions must be confirmed by RefurbIT in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of these terms and conditions.
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2. Agreement Structure, Quotations/Orders/Contract.
2.1. Orders may be received in writing, telephone, fax or via the internet, but the order is only binding when the buyer receives a written Order Confirmation from RefurbIT. Please check the Order Confirmation and notify RefurbIT in writing immediately if there are any errors, otherwise the details stated in the Order Confirmation will apply to these terms and conditions. Catalogues, brochures, pricelists, and further information about the goods, measures, weight and other special capacities should be found before ordering. This information is only a guide and is only binding for RefurbIT when it is specified on the Order Confirmation. RefurbIT does not take responsibility for any errors or information in written materials about the products produced by the supplier. This applies to any form of sales literature, descriptions and manuals etc..
3. Eligibility to Purchase.
3.1. The RefurbIT website is only available to companies who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued valid credit insurance acceptable to us. We use Atradius to credit insure our customers. By making an offer to buy any Goods, the buyer specifically authorises us to transmit information from third parties. .
4. Price and payment Terms.
4.1. All valid prices are the ones stated in the terms of the Order Confirmation. .
4.2. Prices are from stock unless another written agreement has been made. Prices are exclusive of value added tax if nothing else is written. .
4.3. RefurbIT takes no responsibility for price increases from the supplier.
4.4. The Buyer pays transportation. Delivery charges are calculated per order, based on weight, and are added to the shopping basket. From time to time, we will have free shipping offers, and these will be advertised in the store and automatically applied to your shopping basket. Delivery charges are unbinding for RefurbIT.
4.5. RefurbIT takes no responsibility for changes from the public sector of any kind, or changes to import and export fees and VAT changes, which come after RefurbIT has sent out the Order Confirmation. Expenses lie with the buyer.
4.6. Cash Upfront. Payment must be made on the date that is stated on the Order Confirmation or on the invoice, before supply or, if agreed, within 8 days of the invoice date without further notice from RefurbIT.
4.7. RefurbIT may suspend deliveries until full payment for that order is received.
4.8. If payment is late, the maximum statutory interest rate will apply on the late amount.
4.9. The buyer must have credit insurance. RefurbIT claims the right to check the buyer’s information in Atradius.
4.10. If a delivery can not be delivered on time and the reason is caused by the buyer, payment is still due on the same date as if the delivery had been made at the agreed time.
4.11. The buyer can not deduct any counterclaim from RefurbIT, unless RefurbIT has agreed.
The Buyer can not refuse to pay part of the order due to counterclaims of any kind.
4.12. Discounts of any kind are only valid if payment is made at the right time.
5. Reservation of ownership
5.1. RefurbIT takes reservation of the ownership of the delivered goods.
The property of the delivered goods does not pass to the buyer until the final instalment with any additions is paid.
6. Delivery/title/risk
6.1. Risk of the loss of goods passes to the buyer on delivery. Delivery is made when the goods are handed over to the first carrier, whom is forwarding the goods to the buyer.
If the buyer is to collect the goods, then delivery is made when the goods are at his disposal at RefurbIT’s office/warehouse.
6.2. The delivery terms on the invoice are binding for RefurbIT unless alternative arrangements are made at a later date.
6.3. When delivery is at the buyer’s business, the goods will be placed for his disposal for unloading.
6.4. When the buyer receives the product it must be inspected for any defects and the buyer must ensure that personnel are available to unload the goods.
6.5. If the carrier, due to the buyer, can not deliver the goods at the buyer’s place or at another place instructed by the buyer, the carrier’s expenses for waiting have to be paid by the buyer.
7. Delays
7.1. The buyer does not under any circumstances get compensation for loss if the goods are delayed.
8. Risk
8.1. The Risk passes to the buyer when the goods are handed over to the first carrier, whom is forwarding the goods to the buyer. If the buyer is to collect the goods at RefurbIT’s premises, then the Risk passes to the buyer when the goods are at his disposal on RefurbIT’s office/warehouse.
8.2. If RefurbIT can not deliver the goods and it is due to circumstances of the buyer. The risk passes to the buyer when RefurbIT has been informed and the goods have been set aside for the buyer’s disposal.
9. Force majeure
9.1. RefurbIT is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation. This applies to RefurbIT, their chosen sub supplier(s) and/or a carrier hired by RefurbIT.
10. Proclaiming faults
10.1. When the product is delivered the buyer must, before usage, inspect a given number of goods for any defects according to present state of trade.
10.2. To exercise your right of proclaiming faults, the buyer must immediately give written notice to RefurbIT by hand, post or via our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
10.3. If the goods are faulty or damaged and RefurbIT is responsible, RefurbIT claims the right to decide whether the goods shall be repaired or redelivered within a reasonable time limit. In the case of faulty or misdescribed goods we shall, after receiving notification, either collect the goods from the buyer or ask the buyer to return the goods and possibly refund the reasonable postage costs.
10.4.RefurbIT shall not be liable to the buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of faulty or damaged goods.
10.5. If the goods have been damaged in transit, the buyer must proclaim it to the carrier immediately or if he can not see it at the delivery time, at any time up to the end of 6 working days after receiving the goods.
11. Your right of cancellation
11.1. If the buyer wishes to cancel or change the order it has to be accepted in writing.
11.2. Costs that arise from cancellation lie with the Buyer.
12. Returning the goods
12.1. Goods can only be returned if RefurbITagrees. If it has been arranged that the buyer can return the goods, the buyer will be responsible for returning the goods to RefurbIT at the buyer’s own cost. The goods must be returned to the address shown on the invoice. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. The goods must be unused and in their original packaging. The risk lies with the buyer until RefurbIT has confirmed that they have received the goods undamaged.
13. Warranty
13.1. RefurbIT does not give an independent warranty for the goods. RefurbIT passes on the manufacturer’s warranty. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the manufacturer in writing, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint. The warranty does not apply to any defect in the goods arising from, willful damage, accident, negligence by you or any third party use otherwise than as recommended by the manufacturer, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the manufacturer’s approval.
14. Product liability
14.1. If nothing else is specified, the following restrictions are the ones in force with regard to product liability.
14.2.RefurbIT is only responsible for personal injury if it is proven to be caused by RefurbIT´s negligence, or fraudulent misrepresentation by us or those who we represent.
14.3. RefurbIT shall not be liable to the buyer for any indirect or consequential loss or damage (whether for loss of property, profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
14.4. In the event that RefurbIT is responsible for product liability to a third party, the buyer is engaged to keep RefurbIT indemnified, in the same circumstances, as RefurbIT’s responsibility is limited under points 2 and 3 above.
14.5. These limitations of liability do not count if RefurbIT is found to be grossly negligent.
14.6. RefurbIT is only independently liable for compensation for product damage that arises outside of the original product if it is documented that the damage thereon is due, because of a defect in the goods provided by RefurbIT’s independent liability for compensation on products can never exceed £100,000. RefurbIT only has Culpa liability for 3 years after the day that the injured party has had or should have had knowledge to the defect.
15. Law
15.1. These terms of sale and the supply of goods will be subject to Dutch law and the Dutch supreme courts will have jurisdiction in respect of any dispute arising from the contract.
15.2. If this contract is not fulfilling. United Nations Convention on Contracts for the International Sale of Goods (CISG) are the rules in force.
15.3. If one of the above is declared void, it does not reflect on the other conditions in this agreement.
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Trading terms RefurbIT