Terms & Conditions of Products & Services
1. Definitions
- “Customer” includes both “Customer” and “you”.
- “NosmoTech” means NosmoTech Limited, registered in England and Wales (Reg no 13784382), whose registered office is 22 Friary Street, Sudbury CO10 2AA, UK; also referred to as “we” or “us” in these terms and conditions.
- “Catalogue” means the catalogue of products and services offered by NosmoTech.
- “Force Majeure” means any cause affecting the performance by NosmoTech of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control, including (but not limited to) governmental regulations, fire, flood, disaster, or industrial dispute affecting a third party.
- “Services” include consulting, advising, subcontract tasks and projects, and organising or managing projects or tasks.
2. General
- All orders for products and services on the NosmoTech website are accepted by NosmoTech Limited (“NosmoTech”) subject to these terms and conditions. No other terms shall apply unless agreed in writing by a NosmoTech Director.
- All descriptions of products and services are approximate only and shall not form part of the contract. NosmoTech may correct errors without liability.
3. Orders & Pricing
- All contracts incorporate these terms and conditions, which prevail over any Customer terms. Cancellation is not accepted, without prejudice to statutory rights.
- All orders are subject to acceptance and availability. NosmoTech reserves the right to decline any order.
- Prices are invoiced in British Pounds at the time of order. VAT and shipping are added where applicable.
- NosmoTech reserves the right to modify prices at any time.
4. Trade Names, Trade Marks & Rights
- NosmoTech acknowledges the intellectual property rights of its suppliers and manufacturers.
- The Customer acknowledges that NosmoTech and its licensors own all intellectual property rights in NosmoTech products, services, and website content. Reproduction without prior written consent is prohibited.
5. Delivery, Title & Risk
- Products are subject to availability. Customers will be notified if items become unavailable.
- NosmoTech will use reasonable endeavours to meet delivery dates but accepts no liability for delays beyond its control.
- Shortages or damage must be reported in writing within 72 hours of delivery.
- Risk passes to the Customer upon delivery to the nominated address.
- Title does not pass until full payment is received.
- The Customer must check deliveries and note discrepancies on the Proof of Delivery.
- Where delivery is authorised without signature, delivery is deemed complete on despatch.
6. Payment
- Payment is due on shipment unless approved credit terms apply.
- Late payments may incur interest at 4% above the Bank of England base rate, compounded monthly.
7. Product & Service Specifications
- Products may vary slightly in dimensions and specifications.
- The Customer is responsible for determining suitability and use of products and services.
8. Product Warranties & Returns
- Faulty products may be returned in accordance with NosmoTech’s returns policy.
- Products are warranted for six (6) months from delivery, excluding misuse or unauthorised modification.
- All other warranties are excluded to the fullest extent permitted by law.
- No returns are accepted without prior written approval.
9. NosmoTech’s Liability
- NosmoTech is not liable for indirect or consequential losses. Liability is limited to the invoiced order value.
- Nothing limits liability for death or personal injury caused by negligence.
10. Force Majeure
- NosmoTech is not liable for delays or failures caused by events beyond its reasonable control.
- Contracts may be rescheduled or terminated with a full refund of prepayments where applicable.
11. General Terms of Business
- Statutory rights are unaffected.
- Invalid provisions shall be severed without affecting remaining terms.
- Waivers and variations must be in writing.
- Contracts may not be assigned without written consent.
- Failure to enforce does not constitute waiver.
- Notices must be given in writing.
- Disputes may be referred to arbitration under the Arbitration Act 1996.
- The contract is governed by the laws of England & Wales.