GOODS & SERVICES TERMS & CONDITIONS
1. Definitions
In this terms of sales and refunds policy the following words shall have the following meaning:
1.1 ‘Buyer’ means the person who buys goods and services from the seller
1.2 ‘Consumer’ shall have the meaning ascribed in section 12 of the ‘Unfair Contract Terms Act 1977’
1.3 ‘Goods’ means the articles that the buyer agrees to buy from the seller
1.4 ‘List Price’ means the list of prices of the goods and services maintained by the seller as amended from time to time
1.5 ‘Seller’ means NGC Hybrid & EV Ltd. – Company Registration No. 15301784
1.6 ‘Terms and Conditions’ means the terms and conditions of the sale set out in this policy and any special terms and conditions agreed in writing by the seller
2. General
2.1 These terms and conditions shall apply to all contracts for the sale of goods and services by the seller to the buyer and shall prevail over any other policy or communication from the buyer.
2.2 All orders for goods or services shall be deemed to be an offer by the buyer to purchase goods or services pursuant to these terms and conditions and are subject to acceptance by the seller. The seller may choose not to accept an order for any reason.
2.3 Acceptance of sales order confirmation or pro forma invoice of the goods or services shall be deemed conclusive evidence of the buyer’s acceptance of these terms and conditions.
2.4 These terms and conditions are available on request by email from the seller. The seller reserves the right to amend the terms and conditions from time to time.
2.5 Nothing in these terms and conditions shall affect the buyer’s statutory rights as a consumer.
3. Product Information
3.1 Any description given or applied to the goods/services is given by a way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the buyer hereby affirms that it does not in any way rely on any description when entering into the contract/order form.
3.2 The seller reserves the right to alter prices or withdraw and modify products/services from time to time.
4. Price and Payment
4.1 The price of the goods/services shall be that stipulated in the seller’s current list price/on the seller’s website/as contained in the seller’s quotation (as applicable) at the date of order or as agreed between the parties. The price is in GBP pound sterling exclusive of non-applicable VAT. All goods/services are sold ex-works and carriage shall be paid for by the buyer.
4.2 Payment of the total purchase price, exclusive of non-applicable VAT, must be made in full upon completion or dispatch of goods/services. Payment can be made by cash, debit card, credit card or BACS transfer.
5. Refunds and Warranties
5.1 In relation to services rendered, the customer will pay for the services post completion. The customer’s statutory rights are not affected and the ‘customer’ has an obligation to inform the seller if they deem any works carried out to be unsatisfactory at the earliest opportunity and within 7 working days. All repair works will be investigated on a case by case basis.
5.3 In relation to goods supplied, the customer will pay for the goods pre-dispatch, or at the time of collection, whichever is applicable. The customer’s statutory rights are not affected and the ‘customer’ has an obligation to inform the seller if they deem any goods supplied to be unsatisfactory at the earliest opportunity and within 7 working days. All goods supplied and disputed will be investigated on a case by case basis.
5.3 As no funds are processed via this website, all refunds if warranted will be subject to NGC Hybrid & EV’s discretion, and in the presence of the customer. In the absence of the physical presence of the customer, any internal processing, warranty claims or refunds will be completed in writing via email, or any other method of the customer’s choosing.
6. Cancellation and Returns
6.1 Upon delivery of goods/services to the buyer, the buyer shall inspect the goods/services for visible signs of damage before accepting the goods/services. In the event of visible signs of damage the buyer must clearly sign the goods received as ‘damaged’ on the delivery receipt document before signing. The buyer shall then notify the seller within 24 hours. If services rendered are not to the customer’s satisfaction or expectation, all disputes must be made in writing outlining the dispute, and provide any evidence within 7 working days.
6.2 When deposits are taken for specially ordered parts these parts will not be able to be returned to the supplier so no refund will be given if the appointment is missed or cancelled.
7. Warranty
7.1 The seller warrants that the goods will at the time of delivery correspond to the description given by the seller.
8. Guarantees
8.1 In addition to the buyers statutory rights, the seller guarantees all goods against faulty workmanship and materials for a period of 30 days from the date of delivery.
8.2 NGC Hybrid & EV Ltd. cannot provide any definitive guarantees of total repair due to the nature of the services we provide. Traction battery faults and electrical issues are extremely volatile and works carried out cannot always be guaranteed to repair any fault on the first attempt and further works may be required to resolve faults fully.
9. Limitation of Liability
9.1 The seller shall not be liable under any circumstances to the buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the buyer.
10. Force Majeure
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, and the party shall be entitled to a reasonable extension of its obligations.
11. Severance
11.1 If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12. Intellectual Property and Right to Use it
12.1 The buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the seller’s literature and websites shall remain at all times vested in the seller. The buyer is permitted to use this material only as expressly authorised by the seller.
12.2 The buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only.
13. Website Use and Links
13.1 Access to and use of the seller’s website is subject to these terms and conditions. The buyer agrees that use of this website is entirely at the risk of the buyer.
13.2 By using the seller’s website, the buyer agrees not to attempt to undermine the website’s functionality and integrity.
13.3 The seller’s website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and the buyer acknowledges and agrees that the seller is not responsible for the content or availability of any such sites.
14. Governing Law and Jurisdiction
14.1 These terms and conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
