T&C's

NASC Data Terms and Conditions of Business

Unless otherwise agreed in writing by a Director of NASC Data (ND), quotations, offers and contracts are issued subject to the terms and conditions given below. ND shall not be bound by any Condition of Business of the Customer, unless such Conditions are expressly accepted by ND in a statement made in writing signed by a Director.

Where there is any variance between the Customer’s Conditions and these Conditions, these Conditions shall prevail and acceptance of goods or services by the Customer shall be evidence of acceptance of these Conditions.

1. LAW: 
Contracts shall be governed by English Law.

2 PRICE
Prices which are a works include where appropriate for the supply of any set of standard instructions in English and they are based on the prices published by the original manufactures and other suppliers of material to ND on the date of quotation and remain final unless otherwise stated. ND is not registered for Value Added Tax and not added to the quoted prices.

3. ACCEPTANCE:
Unless withdrawn, ND quotations are open for acceptance within 30 days.

4. GUARANTEE:
(A) Hardware: 
ND will guarantee products and materials supplied in relation to any defects which subject to proper we appear within a period of ninety days, or within the price and subject to the condition of the original manufacturer, after the item has been delivered and of which notification has been received within two weeks, of the defects then coming apparent and which arise mainly from faulty materials or workmanship. The defective item must be returned at the customer’s expense, to a ND engineering workshop and will be made good by repair or at the option of ND by the supply of replacement components.

(B) Software Products: 

ND acts as a dealer for companies specialising in the development of software products and ND supplies such products subject to the following terms and conditions. The Customer agrees to all copyright, patent rights, limitations on use, confidentiality terms, warranties and all other conditions of the software authors.

The software, its associated documentation, and written specifications will be made available by ND if requested for inspection by the Customer who is responsible for ensuring that the software meets the requirements of the Customer's business and that it is fit for its intended purpose.

Subject to the other terms and conditions contained within this Contract ND warrants only that a software product will conform to the corresponding written specifications delivered to the Customer, Subject to the conditions detailed under Clause 12

(C) ‘Bespoke software’ is defined as a suite of computer programmes which have been designed and written by ND to meet the specifications provided by the Customer and is supplied subject to the following terms and conditions. 

(i) A written System Specification shall he deemed a definition of previously stated bespoke software requirements of the Customer.
(ii) The copyright in software supplied to the Customer shall remain the property of ND and the software shall not be sold, leased or otherwise made available by the Customer to any Third Party without the prior written consent of ND. The software shall be supplied for use on a single computer as detailed in the System Specification.
(iii) Bespoke software work will be undertaken on the basis that 50% of the quoted price, together with the System Specification fee, is payable on the commencement of programming work, the balance of 50% is payable immediately on delivery. ND requires the Customer to take delivery of the software on the agreed date. 
(iv) ND reserves the right to charge for any modification to the software or for amendments to the System Specification

(D) All products: the following additional clauses apply to all products supplied by ND

(i) The Customer accepts that ND does not represent or warrant that the product supplied will be fit for any purpose or meet the specifications and requirements of the customer's business. Whilst every effort shall be made by ND to guide the Customer to select or specify the most suitable product, the Customer assumes full responsibility for the choice and adequacy of the product. In the case of computers, the Customer shall agree to be responsible for the supervision, management and control of the computer system, including but not limited to: 
Ensuring proper machine configuration, operating methods, program installation and audit controls. 
Establishing adequate back-up plans based on alternative procedures.
Implementing sufficient procedures and check points to satisfy the Customers requirements for security and adequacy of input and output as well as restart and recovery in the event of malfunction.
(ii) The price quoted for the product does not allow for time spent on testing, user training, additional documentation, modifying maintaining or implementing the product and travelling to the Customers premises, unless otherwise agreed in writing.

(iii) No guarantees shall apply in cases where goods or samples are supplied free of charge.

5. LIABILITY:

ND shall be under no liability in respect of the goods or any part thereof in respect of any alleged breach or default or in any of its obligations under the contract or Otherwise or in respect of any loss. Damage or injury whatsoever and howsoever caused and save as before mentioned warranties, guarantees, conditions and representation where collateral here or otherwise and whether expressed or implied by common law, statute, custom of the trade or otherwise are hereby expressly excluded and extinguished and exception shall not only for the benefit of ND but also its servants and agents.

6. ORDERS:

(a) Quotations represent no obligation until ND receives and accepts the Customers order which must be in writing, containing specifications where appropriate, including sufficient information to enable ND to proceed.

(b)No modifications, variation or cancellation of the contract is permitted without the written consent of ND.

(c) In the event of a request to postpone delivery, ND reserves the right to invoice the customer on the requested date of delivery in accordance with ND payment terms and to arrange and charge for storage and insurance of the goods.

7. DELIVERY:

All goods supplied by ND shall be examined and checked immediately upon receipt by the Customer. Unless ND is notified the date of receipt of a consignment or all and any alleged breakages, damage or loss in transit, no claim whatsoever will be entertained by ND.

ND will, in respect of goods lost or damaged in transit, repair or replace the same free of charge provided that not only ND, but also its carrier, are notified, and that any damaged packing is retained for inspection.

8 PAYMENT:

(a)For all new customers, ND will either require Cash with Order or Cash On delivery. Credit account applications will be considered for further supplies and services.

(b) Unless otherwise stated, all credit invoices shall be settled within 3O Days from the date of invoice.

(c) ND reserves the right to suspend deliveries or services where payment is not received in accordance with these terms.

(d) No cash or settlement will be allowed.

(e) Payment will be made in accordance with these terms by the customer for each consignment of goods delivered (whether the goods delivered (whether the goods delivered are the whole or only part of the goods ordered).

(f) Failure to make payment on the due dates in accordance with this clause will result in an entitlement to charge interest at the rate of 5% per annum above the Bank of England Minimum Lending Rate on the daily balance outstanding from the due date until payment is made.

(g)Unless otherwise agreed, in the case of sole proprietorships, partnerships or private limited companies, the owners, principals or directors of the business will provide personal guarantees to ensure that all overdue debts are recovered.

9. OWNERSHIP AND RISK:

On delivery of the goods, all risks shall pass to the customer but the ownership shall remain with ND until full payment has been received from the Customer with each Order being considered as a whole Risk shall pass to the Customer upon delivery to site or for equipment delivered FOB upon delivery on board a ship or aircraft, ND shall be entitled to enter the Customers premises to re-possess the goods in the event of non-payment unless they have been subject to prior re-sale in which case ND shall be entitled to the proceeds of resale in the hands of the customer or any liquidator, receiver or trustee in Bankruptcy of the customer.

10. RENTAL / LOAN OF GOODS:

On Delivery of goods, all risk shall pass to the Customer who shall be responsible for insuring the goods against loss or damage and shall reimburse ND in full for the cost or repairing or replacing the goods.

11. ORIGIN OF GOODS:

ND makes no representation and gives no warranty in respect of the source or origin of manufacture of the goods or any part thereof.
 
12. DRAWINGS, SALES BROCHURES AND INSPECTION:

Descriptions, illustrations and other advertisement material are intended to present a general idea of the product described therein and shall not form part of the contract and unless otherwise specified in our quotation all such specifications including those of manufacturers or software authors submitted therewith are approximate only. Specifications, drawings and technical descriptions submitted by ND in connection with quotations are the subject of Copyright and all such Copyright material and information and know-how whenever supplied shall at all times be treated by the customer as confidential and unless subject to prior consent shall not be used by the customer except for the purpose of adjudicating the quotation or in respect of placing the contract with ND and the operation of the equipment supplied here under and there shall be no communication to third parties without prior consent except as may be necessary for the permitted purposes.

13. OMISSIONS AND ERRORS:

Quotations are subject to correction for omissions and typing errors.

14. SERVICE:

Unless specifically referred to in the quotation, service, pre-testing and commissioning is not included although the services of our representatives to assist with the commissioning and full implementation of products can be provided when required at the standard ND daily or hourly charge.

15. WEBSITE DISCLAIMER 

The information contained in this website is for general information purposes only. The information is provided by NASCdata Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of [business name]. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, NASCdata Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

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