1111111111111Terms
and conditions of sale (please read this fully before purchase
or assembly).
1111111111111These
terms and conditions do not affect consumers' statutory rights
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GENERAL:
All orders are accepted on the terms, conditions and
exclusions herein contained. These terms, conditions
and exclusions (either taken as a whole or in any part
or individually) shall not be varied, nor shall their
application to any order be excluded or limited in any
way whatsoever, except as agreed by us in writing, all
special requirements with regard to marking, labelling,
...packing etc., must be agreed in writing. Any additional
work will be charged at our standard rates unless such
work is included in a Contract. 'The Company' shall
mean YT International and 'the Buyer' shall mean the
other party in the offer, quotation or contract. Transactions
are made at the discretion of the Company. Clerical
errors and omissions are subject to correction without
notice.
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PRICE:
Prices quoted are those ruling at the date of despatch
or as shown in our current price list, and shall be
subject to revision if increases in cost or other circumstances
arise. We reserve the right to change our current price
list without notice. Prices quoted include Value Added
Tax.
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TERMS
OF DELIVERY: a) Dates for delivery are given
in good faith and as accurately as possible, but are
not guaranteed. We shall be under no liability whatsoever
for any delay in performance of any order by reason
or in consequence of force major or of any matter or
thing outside our control including but not limited
to labour troubles, civil commotion, natural catastrophe,
government restriction, shortage of supplies or customer's
instructions or lack of instructions. We shall have
the right to despatch any portion of the goods ordered
and we shall be entitled to invoice the customer for
such despatched portion so that for the purposes of
payment each portion shall be deemed to be a separate
contract and may be invoiced separately. Should the
Buyer notify us of inability to receive or store goods
ordered or should the Buyer fail to give us adequate
delivery instructions when required or fail to collect
goods sold ex-works, the goods will be stored at the
Buyer's risk and expense. We shall be entitled to supply
the goods immediately upon receipt of the Buyer's order
or as soon thereafter as we think fit, irrespective
of any date which may be specified for delivery thereof.
b) Where the Buyer orders goods for delivery by installments
each delivery shall constitute a separate contract and
the Buyer shall not be entitled to refuse to take delivery
of or refuse to pay for any installments on the grounds
that a previous installment was defective or otherwise.
c) Unless we otherwise agree in writing our carriage
terms are as quoted on confirmation of order. The cost
of delivery of goods below any minimum value we may
impose will be charged to the Buyer at our discretion.
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PROPERTY
IN GOODS: Until the Company has been paid in
full by the Buyer for goods supplied by the Company,
such goods remain the property of the Company although
the risk therein passes to the Buyer at the time of
delivery (subject to the provisions in Clause 3(a) herein
relating to storage of goods at the customer's expense),
and the Buyer shall indemnify the Company against any
loss or deterioration thereof or damage thereto, and
without prejudice to any other remedies, the Company
may repossess those goods at any time from the Buyer,
and for that purpose the Company, its agents and servants
may enter any premises upon which the goods are situated.
In the event of the Buyer reselling any goods delivered
to it by the Company before the Company has been paid
in full, such part of the proceeds of such resale as
are equivalent to the price at which the goods were
invoiced to the Buyer by the Company shall be held by
the Buyer on trust for the Company and shall be placed
by the Buyer in a separate account so as to be identifiable
as being in the beneficial ownership of the Company.
Further, the fact that property in the goods remains
the Company's until the price has been paid in full
shall not prevent the Company from maintaining an action
against the Buyer for the price of the goods.
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NOTIFICATION
OF LOSS OF, OR DAMAGE TO, OR NON DELIVERY OF GOODS:
Claims for damage to or loss of goods in transit must
be submitted in writing both to us and to the carrier
(if appropriate) as follows:- a) In the case of non-delivery
of the whole of any consignment or of any separate packing
forming part of consignment - within 3 days of the date
of despatch shown on the invoice or advice note (whichever
is the earlier). b) In the case of damage to or partial
loss of the goods or shortages from packages - within
three days of delivery. The goods received must have
been signed for as damaged or incomplete. Failing which
we shall not be liable in respect of any such claim
and the goods shall be deemed to have been delivered
in accordance with the contract complete and in a satisfactory
condition. In no case shall the Company's liability
in respect of claims for damage to or loss of goods
in transit extend beyond an obligation either to repair
or replace free of charge any such goods or (the election
to be the Company's alone) to pay to the Buyer up to
the invoice price of the goods in respect of which a
claim is made, and in neither event shall the Company
be liable for consequential loss, damage or expense
howsoever arising.
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GOODS
DESPATCHED: Goods despatched may not be returned
unless prior agreement has been made by the Company.
Where the buyer has incorrectly ordered goods, the Company
reserves the right to charge a 10% handling charge to
cover clerical and other expenses. All goods must be
properly packaged, labelled correctly, and returned
to the Company carriage paid. Any damage on returned
goods shall be the responsibility of the Buyer.
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PAYMENT:
Unless otherwise agreed in writing, payment shall be
made at the net invoice value, without any deductions,
upon receipt of a pro-forma invoice or by supported
credit card at time of ordering. Failure by the Buyer
to make punctual payment shall entitle us to suspend
any outstanding deliveries, or to cancel the contract
so far as it remains unperformed at our option, and
without prejudice to our rights to claim for the price
of goods already delivered or manufactured at the date
of cancellation, and for loss or injury occasioned thereby.
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WARRANTY
AND EXCLUSIONS: a) We undertake that the goods
delivered to the Buyer will be of the described technical
specification and the Company's duty to the Buyer relating
to the quality of the goods delivered shall be limited
wholly and exclusively to the duty to deliver goods
of the aforesaid quality. Save as aforesaid any warranty
or conditions, statutory or otherwise express or implied,
whether oral or written as to quality of the goods or
their fitness for a particular purpose are excluded
and negatives. b) The application and use of the goods
is the absolute responsibility of the Buyer. Any other
advice and information provided by the Company, whether
verbally, in writing or by way of trials or tests, is
given without warranty and the Buyer shall be deemed
to have carried out his own tests to ensure the suitability
of the goods for his intended purposes and applications
and the Buyer shall be deemed to have placed no reliance
on any advice, information or data provided by us. c)
The Buyer must give us immediate written notice containing
full particulars of any claim that the goods are not
of the proper quality to enable us to investigate the
complaint before the remainder of the consignment of
goods is used or returned to us. We shall not be liable
for any defects in quality in the absence of such immediate
notification and, in any event, our liability hereunder
or in the case of any other breach of contract or misrepresentation
shall be strictly limited to the invoice price of the
goods proved by the Buyer to be of defective quality
or to be such as to cause us to have been in breach
of contract or guilty of misrepresentation and shall
not extend to consequential loss of any kind howsoever
arising. d) Warranty periods and terms shall be limited
to those that are offered by the individual manufacturer
of the goods.
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CONTRACTS
NOT ASSIGNABLE: This Contract is between us
and the Buyer as principals, and is not assignable without
our written consent.
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'ARTF'
or 'ARF' DEFINITION: This means a model assembly
kit that is partially prepared. The kit requires some
construction skill to complete and may require some
alteration and adjustment to achieve completion. Manufacturer’s
liability ceases at the commencement of construction
and no guarantees are offered or implied regarding construction
or flight. Other components are usually required in
addition to the supplied product. The buyer accepts
these liabilities by beginning construction of the kit.
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INDEMNITY
AGAINST INFRINGEMENT OF PATENTS AND RIGHTS:
The Buyer shall indemnify us against all damages, penalties,
costs and expenses to which we may be liable as a result
of work done or goods supplied in accordance with the
Buyer's specification which involves the infringement
of any letters patent, registered design, intellectual
property rights, proprietary process or otherwise.
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GOVERNING
LAW: This contract shall be governed by and
constructed in accordance with the laws of England and
the Buyer agrees to submit to the jurisdiction of the
English Courts
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INSURANCE:
We do not accept any liability for consequential loss.
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REFUNDS:
All products purchased at, or below full Recommended
Retail price must be returned to YT International within
7 days of purchase in its original packaging, and must
be in a saleable condition to qualify for a full refund.
The cost to return any item is the responsibility of
the customer, and they must ensure the goods are packaged
sufficiently well to ensure damage does not occur whilst
in transit. Refunds only cover the product and do not
include initial or subsequent postage costs. Any refunds
are to be affected from the point of sale. This does
not affect your legal rights.
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