Terms & Conditions
All orders for goods accepted by artec technologies are accepted subject to the following conditions which shall form part of and govern the contract of sale. Acceptance of goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a Purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of artec technologies has authority to vary these conditions unless accepted in writing. These conditions do not affect your statutory rights
1. Payment and Price
(a) artec technologies reserves the right to vary the quoted price for the goods in accordance with market conditions at the date of actual supply and that the Purchaser be given the choice of accepting the new price or canceling the sale, Pricelists do not constitute an offer.
(b) All invoices are due for payment on the date shown on the invoice. Payment is to be made in pounds sterling unless otherwise agreed in writing by artec technologies.
(c) All overdue accounts will be charged on a daily basis commercial interest at 8% above the base rate of ‘Deutsche Bank’ prevailing at the time.
2. Availability and Delivery of Goods
(a) artec technologies will make its best endeavors to comply with the date given for delivery, but said date is an estimate only and is not to be the essence of the contract.
(b) If owing to non-availability of the goods or other causes beyond artec technologies control, artec technologies should be unable to effect delivery the company shall be at liberty to rescind the contract or part thereof by giving notice to the Purchaser.
(c) The method of delivery will be at the sole discretion of artec technologies.
3. Property and Risk
(a) For so long as any amounts remain owing from the Purchaser to artec technologies (whether immediately due or not) title to the property of the goods shall remain with artec technologies and ownership will not pass to the Purchaser until payment has been made in full.
(b) In the event of the Purchaser reselling the goods, if artec technologies have not received all amounts owing to it, the Purchaser shall account to artec technologies for the proceeds of any such sale and meanwhile hold all proceeds of such sale of such goods upon trust of artec technologies until payment of such amounts has been made in full.
4. Design Variation
(a) While artec technologies makes every effort to ensure that goods supplied correspond to in every respect the sample, specification or description, provided as the case may be, artec technologies cannot be held responsible for minor variations in specification, color or other design features, and no such minor variation shall entitle the Purchaser to rescind the contract or shall be the subject of any claim against artec technologies by the Purchaser.
(a) No liability for any claim for damage or non-functionality shall be accepted unless the Purchaser notifies artec technologies in writing within a reasonable period of delivery; 48 hours should normally be this period. This period may be extended at the sole discretion of artec technologies where the manufacturer’s replacement exceeds this deadline (See 9).
(b) No liability for any claim for missing items such as manuals etc. shall be accepted unless the Purchaser notifies artec technologies in writing within a reasonable period, normally 48 hours of delivery (See 9).
(c) No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless the Purchaser notifies artec technologies in writing normally within 48 hours of delivery. The onus is on the Purchaser to prove any shortage (See 9).
(d) In the case of active third-party on-site maintenance contracts, the Purchaser accepts an obligation to use the services of the contracted third party to resolve the claims under clause 5(a).
(e) In the case of manufacturers who operate direct product support and returns procedures, the Purchaser accepts an obligation to process his claim directly through the manufacturer.
(f) No warranty is extended to consumable items, blank media or generic mice.
Excluding goods covered under clauses 5(e) and 5(f), all goods are warranted free from manufacturing defect for a period of 12 Months from the date of invoice, unless otherwise stated at the time of purchase. Goods failing within this period will be exchanged, repaired or credited at the sole discretion of artec technologies except where such failure can be attributed to reasonable wear and tear or user error or misuse, providing the goods are returned subject to the conditions outlined in Para 7. Excluding goods covered under clauses 5(e) and 5(f), or unless otherwise stated at the time of purchase, all goods are warranted on a return-to-base basis. The Purchaser shall be responsible for all carriage, telephone, postal and incidental charges incurred during the guarantee period.
7. Returned Goods
(a) artec technologies will not accept goods for credit or repair unless such return has been authorized ina advance by the returns department, and the goods are received in stock condition, with original packaging. artec technologies retains the right at its sole discretion whether to accept the return of goods or whether to rectify the goods or whether to issue a credit note in respect thereof. artec technologies reserves the right not to issue credit for goods returned after 30 days from the date of the original invoice, and where such credit is granted the credited amount shall not exceed the current market value or the invoiced value, whichever is the lower. artec technologies reserves the right to charge a restocking fee of up to 25% on goods returned for credit which are not in stock condition or that have been ordered in error by the Purchaser.
(b) All returned goods must be received at the artec technologies premises within the warranty period, irrespective of when return authorization may have been given. The Purchaser shall, unless otherwise stated, be responsible for the cost of outward and return carriage and insurance of all goods returned. The onus of proof of safe delivery shall rest with the Purchaser.
(c) All items returned to artec technologies by pre-arrangement and found to contain no fault will be subject to a 25% restocking charge, providing the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of artec technologies.
(d) No credit shall be allowed for goods until they have been received complete.
8. Consequential Loss
The extent of artec technologies’ liability to the Purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and artec technologies shall in no circumstances whatsoever be liable to the Purchaser in respect of any loss or damage whether suffered by the Purchaser or any customer of the Purchaser and whether direct, indirect, consequential or however else arising.
(a) If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.
(b) This contract is and shall be deemed to have been made in Germany and shall in all respects be governed by German Law.