Shop terms and Conditions of sale

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New Era Terms and Conditions of Sale

  1. Definitions

1.1       “Agreed Delivery Date” means the date of dates on or before the Equipment is to be delivered, as stated in the Quotation or, if not so stated, as subsequently agreed by New Era and the Purchase (or, in the absence of such agreement, as notified by New Era Ltd to the Customer, whether verbally or in writing);

1.2       “Agreement” means the agreement between New Era Ltd and the Customer for the sale and purchase of the Equipment, as recorded in these Terms & Conditions, the Quotation and any subsequent written or verbal agreement made by New Era Ltd and the Customer regarding the Agreed Delivery Date or otherwise;

1.3       “Customer” means the customer specified in the Quotation;

1.4       “Delivery Address” means the premises to which the Equipment is to be delivered, as stated in the Quotation;

1.5       “Equipment” means the equipment listed and described on the Quotation;

1.6       “New Era Ltd” means the company specified in the Quotation being either New Era Electronics Solutions Limited a company registered in Cyprus with number 99461 and whose registered office is 5C Mbogaziou Street, 2540, Dali Industrial Area, Nicosia;

1.7       “Price” means the total price payable for the Equipment as specified in the Quotation together with (i) charges for delivery of the Equipment, as agreed by New Era and the Customer, whether verbally or in writing. (ii) VAT thereon and (iii) if applicable, any customs or import duties; and

1.8       “Quotation” means the quotation on which these Terms and Conditions are printed or to which they may be attached.

  1. Sale and Purchase of Equipment

2.1       Subject to the customer’s unconditional and irrevocable acceptance of the Quotation (whether by issue of a purchase order, confirmation by email, verbally or otherwise) and Clause 2.3, New Era Ltd agrees to sell and the Customer agrees to purchase the Equipment on the terms of the Agreement.

2.2       The Agreement constitutes the entire agreement between New Era Ltd and the Customer regarding the sale of the purchase of the Equipment.  Any terms and conditions set out in any order forms acknowledgment of order forms, invoices or other documents provided by New Era Ltd or the Customer (including, without limitation, any terms and conditions printed on, or otherwise purporting to be incorporated in, the Customer’s purchase order) shall not apply to the sale and purchase of the Equipment.

2.3       Notwithstanding any other terms of the Agreement, New Era Ltd may at any time on or before the Agreed Delivery and without liability to the Customer, cancel the Agreement by giving notice to the Customer.  If applicable, New Era Ltd shall, forthwith following such cancellation, refund to the Customer any money already paid to New Era Ltd in respect of the Equipment which is the subject of the cancellation.

2.4       New Era Ltd may from time to time, and its entire discretion, operate a “Returns Procedure”.  The Customer acknowledges and accepts that, if such “Returns Procedure” is  (at New Era’s entire discretion) made available to the Customer, the terms on which any Equipment may be returned to New Era Ltd and, without limitation, the amount of any refund or credit offered by New Era  are subject, and without prejudice to New Era’s rights under the Agreement.

  1. Delivery; Risk and Title

3.1       New Era Ltd shall, at the Customer’s sole cost and expense, arrange for the Equipment to be delivered to the Delivery Address on or before the Agreed Delivery Date.

3.2       If the Customer does not accept delivery on the Equipment on the Agreed Delivery Date, New Era may charge the Customer the rate of € 25 per day (or part thereof) plus VAT thereon for storage, insurance and additional handling, such charges to be paid by the Customer within 14 days of receipt of New Era’s invoice therefor.

3.3       Unless the Customer notifies New Era Ltd in writing of any shortages of, damages to, or other defect in, the Equipment with three (3) calendar days of the date of which  the Equipment is delivered to the  Delivery Address, the Customer shall be deemed to have irrevocably accepted the Equipment as being complete, undamaged and in good working order.

3.4       If New Era is unable to deliver the Equipment on or before the Agreed Delivery Date it shall promptly notify the Customer of a revised date for the delivery of the Equipment (such revised date not to be more than two weeks after the original Agreed Delivery Date), and such revised date shall then be deemed to constitute the applicable Agreed Delivery Date for the purpose of the Agreement.  For the avoidance of doubt, the Customer shall have no right to cancel the Agreement as a result of New Era so delaying the delivery of the Equipment by three (3) months.

3.5       Risk of loss of or damage to the Equipment from any occurrence whatsoever passes. To the Customer (i) if New Era arranges for carriage or shipping of the Equipment, at such time as the Equipment is delivered to the Delivery Address or (ii) if the Customer is responsible for carriage or shipping of the Equipment, at such time as the Equipment is delivered or made available to the Customer’s carrier of shipping forwarder.

3.6       Title to the property in the Equipment shall remain vested in New Era Ltd (notwithstanding their delivery and the passing of the risk therein to the Customer) until the Price has been paid in full.  The Customer shall ensure that the Equipment is fully insured against all loss or damage until such time as title to the Equipment passes to the Customer.

(a)        If the Customer has not paid the Price payable of any Equipment by the due date of payment for such Equipment, New Era Ltd may at any time thereafter repossess and resell such Equipment.  For the purpose of exercising its rights under this sub-Clause 3.6(a), New Era, its employees or agents, together with any reasonably necessary vehicles and plant, shall be entitled during normal business hours to safe and unrestricted access to the Delivery Address and/or any other locations where any of the Equipment is situated;

(b)        The Customer shall store the equipment in a proper manner and in conditions which adequately protect and preserve it without charge to New Era and ensure that the Equipment is clearly identified as belonging to New Era.  Without prejudice to sub-Clause 3.6(a) above, New Era shall be entitled to examine the Equipment at any time during normal business hours and upon giving the Customer reasonable notice to New Era intention to do so and to enter upon any premises owned or occupied by or access to which is controlled by the Customer for that purpose; and

(c)        The Customer shall not resell the Equipment or combine the Equipment  with or permanently or permanently attach the Equipment to, or attach to the Equipment, any item.

  1. Price and Payment

4.1       New Era Electronics Solutions Ltd offers the following methods of payment:

  • Bank Transfer: Take advantage of the Web Banking that many banks offer today and deposit to our account the amount of your order. Please note that if you choose this payment method your order should be processed after the transfer is cleared.

4.2       New Era shall be entitled to charge interest for any overdue Invoices from the due date of payment at the rate of 9% per annum.  Such interest shall accrue on a daily basis and be compounded monthly.

4.3       New Era Ltd may by giving notice to the Customer at any time up to five (5) working days before the Agreed Delivery Date, increase the Price to reflect any increase in the cost to the New Era which is attributable to factors occurring after the Customer’s acceptance of the Quotation and which are beyond the reasonable control of New Era (including, without limitation, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs), provided that the Customer may cancel this contract within five (5) working days of receipt of any such notice from New Era.

  1. Warranties and Exclusions

5.1       New Era warrants that at the time the Equipment is delivered to the Customer, the equipment is complete, undamaged and that it operates in all material respects in accordance with the manufacturer’s specifications relating to the equipment.

The majority of the products have a warranty offered directly by the respective manufacturers. Please consult appropriate leaflet or warranty card enclosed with the product to find about the terms and conditions of the manufacturer’s warranty.

  1. Returns Policy

In the unlikely event of a fault or other reason that means you need or wish to return the goods to us then the following conditions should be adhered to.

You must obtain our advanced authorization before returning the goods, (in the event of a suspected fault this can often be cured by diagnosis via the phone with our engineers for example). This authorization must be obtained by contacting us through our web side “contact us” form.

We will not accept packages returned without a valid returns number; this is subject to the following conditions:

You have changed your mind and wish to cancel the order and return the goods in their original unopened and undamaged packaging within 14 days of the date of delivery to you.

We can’t accept returns if the goods you have ordered are:

Any kind of Audio or Video Recording products (CD/ DVD / Tapes) , Computer Software Products or any perishables goods or goods that by reason of their nature cannot be returned.

Shipping charges are not refundable.

The responsibility for returning the goods to us is yours and any refund will not be given until the goods have been checked by us on receipt. Please ensure you have adequate insurance for shipping goods back to us.

  1. Liability and Indemnity

7.1 Subject to Clause 7.2, New Era’s liability in contract, tort (including negligence) or otherwise arising under or in connection with the shall be limited to the amount of the Price actually paid by the Customer.

7.2 Except as set out in Clause 7.1 all other liability is expressly excluded to the fullest extent permissible under law and New Era shall not be liable, whether in contract, negligence or otherwise, for any indirect, special, penal or consequential losses, damage, cost or expense of any kind whatsoever caused.  In particular, but without limitation, New Era shall not be liable for any loss or damage resulting from damage to recorded video tape, digital and other storage media, and other magnetic media, exposed film and soundtracks which is attributable to faulty or detective Equipment and it is the Customer’s sole responsibility to obtain appropriate insurance for such damage.

7.3       Nothing in the Agreement shall exclude or restrict any liability for death or personal injury resulting from New Era’s negligence.

7.4       Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of such party.

7.5       The Customer agrees to indemnity, hold harmless and defend New Era from and against any or all liabilities, claims, demands, costs, expenses (including reasonable legal costs and expenses and VAT thereon) and liabilities suffered or incurred by New Era in consequence of any breach, non-performance or non-observance by the Customer of any of its obligations contained in the Agreement.

 

  1. General

8.1 The Customer shall not assign or transfer or purport to assign or transfer the Agreement or the benefit granted under it to any other person.  New Era shall be entitled to assign, transfer or       otherwise deal with all or any part of the Agreement.

8.2       Any notice to be given under the Agreement shall be sent by first class prepaid post to the Other Address as stated in the Quotation, or may be transmitted by fax to the fax number of the party to be served last known to the party giving notice.  Notices served by post shall be deemed served 48 hours after posting and notices served by fax shall be deemed served when the recipient’s fax machine acknowledges receipt.

8.3      Except to the extent expressly varied by agreement of the parties, these Terms and Conditions shall apply to any further or subsequent purchases of equipment from New Era by the Customer.

8.2       The Agreement shall be governed by and construed in accordance with Cyprus law and the Customer irrevocably submits to the non-exclusive jurisdiction of the Cyprus Courts.

8.4 Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

These terms and conditions only cover this website. Any other websites to which you link from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control.