These terms and conditions tell you information about us and the legal terms and conditions (Terms) on which we sell any goods (Goods) to you including those listed on our various websites (collectively our website). Due to the nature of the Goods we sell, we do not sell to consumers. You are a consumer if:
2.1 We are Servo Europe Limited, a company registered in England and Wales under company number 09252318. Our registered office is at 143 Tideswell Road, B42 2DR Birmingham, England. Our VAT number is GB304478117. We are also Servo Europe s.r.o., a company registered in the Czech Republic under company number (IČ) 14176653. Our registered office is at Potoční 441, 273 41 Brandýsek, Czech Republic. Our VAT number (DIČ) is CZ14176653. 2.2 Servo Europe Limited and Servo Europe s.r.o. operate using the following trading styles: Servo Europe 2.3 We operate the website: www.servoeurope.com You can order Goods from us by sending us an email with purchase order. To contact us for any reason, please see the Contact Us page on our website.
3.1 Definitions. In these Conditions, the following definitions apply: "Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. "Conditions" means the terms and conditions set out in this document as amended from time to time. "Contract" means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions "Customer" means the person or firm who purchases the Goods from the Supplier "Event Outside Our Control" has the meaning given in clause 17 "Goods" means the goods (or any part of them) set out in the Order "Intellectual Property Rights" means all of the trade marks, trade names, copyright, patents, design rights and registered designs and all other intellectual property rights used or embodied in or in connection with the Goods or the Services "Order" means the Customer's order for the Goods, as set out in the Customer's purchase order form, the Customer's written acceptance of the Supplier's quotation, or any other form of order placed by the Customer, as the case may be "Services" any services agreed to be supplied by the Supplier to the Customer as set out in a Specification "Specification" means any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier. "Supplier"means Servo Europe Limited (registered in England and Wales with company number 09252318) or Servo Europe s.r.o., a company registered in the Czech Republic under company number (IČ) 14176653. "Website" means www.servoeurope.com 3.2 Construction. In these Conditions, the following rules apply: 3.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 3.2.2 A reference to a party includes its personal representatives, successors or permitted assigns. 3.2.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. 3.2.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 3.2.5 A reference to writing or written includes faxes and e-mails.
4.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.2 These Conditions are intended for use by business Customers and not by private individuals.
4.3 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
4.4 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
4.5 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
4.6 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures or on the Website are produced for the sole purpose of giving an approximate idea of the Goods or Services described in them. They shall not form part of the Contract or have any contractual force.
4.7 A quotation for the Goods or Services given by the Supplier shall not constitute an offer. A quotation shall be valid for a period of 30 Business Days from its date of issue unless the quotation states otherwise.
4.8 The Supplier reserves the right to decline to deal with any Customer for any reason in its absolute discretion.
5.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. The Goods you receive may vary slightly from those images. 5.2 Although we have used our best efforts to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a tolerance and so are approximates only. 5.3 The packaging of the Goods may vary from that shown on images on our website. 5.4 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
6.1 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time save where you collect the Goods from us in which case delivery is complete once you (or your nominated carrier) collect the Goods from our premises at which point the Goods will be at your risk. 6.2 If you have asked to collect the Goods from our premises, you (or your nominated carrier) can collect them at any time during working hours after we have notified you that the Goods are ready for collection. 6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 6.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 6.5 If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our efforts we are unable to contact you or re-arrange delivery or collection then we may end the Contract and charge you reasonable compensation for our costs and/or losses. 6.6 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
7.1 If you order Goods from us for delivery to one of the international countries we deliver to, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. 7.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. 7.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law. Furthermore, you shall be responsible for ensuring that the Goods and their use comply with all applicable local laws.
8.1 If there is a problem with the Goods contact us as soon as possible but no later than 1 business day from the delivery of the goods. 8.2 Please note that you are not entitled to cancel a Contract or return Goods but if you have changed your mind about the Goods then please contact us as we may in our sole and absolute discretion allow you to return unwanted Goods. 8.3 Where we in our sole and absolute discretion allow you to return unwanted Goods (Returned Goods), you shall be responsible for the cost of returning the Returned Goods to us and any Returned Goods shall remain at your risk until we have taken receipt of such Returned Goods. Furthermore, any credit or refund issued for Returned Goods shall be subject to the Returned Goods being received by us in stock, resalable and satisfactory condition (as determined by us in our absolute and sole discretion). Where we consider that Returned Goods are not in stock, resalable and satisfactory condition then we may not credit or otherwise refund the price or may reduce any such credit or refund accordingly in which case we will notify you and you will have the opportunity to collect or arrange collection of the Returned Goods. 8.4 If the Goods are returned and there is no breach of warranty then the Supplier shall be entitled to charge a restocking fee of 30% of the invoice value of the Goods so returned.
9.1 The risk in the Goods shall pass to the Customer on completion of delivery. 9.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for: 9.2.1 the Goods; and 9.2.2 any other goods or services that the Supplier has supplied to the Customer in respect of which payment has become due. 9.3 Until title to the Goods has passed to the Customer, the Customer shall: 9.3.1 hold the Goods on a fiduciary basis as the Supplier's bailee; 9.3.2 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property; 9.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; 9.3.4 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; 9.3.5 notify the Supplier immediately if it becomes subject to any of the events listed in clause 16.2; 9.3.6 give the Supplier such information relating to the Goods as the Supplier may require from time to time, but the Customer may resell or use the Goods in the ordinary course of its business. 9.4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 16.2, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
10.1 The Supplier shall provide the Services to the Customer in accordance with the Specification in all material respects. 10.2 Time for the performance of the Services shall not be of the essence and any performance date given by the Supplier shall be an estimate only. 10.3 The Supplier warrants that the Services will be provided with reasonable skill and care.
11.1 We do not warrant that the Goods comply with the laws, regulations or standards outside the UK and EU. 11.2 Unless otherwise confirmed in writing and provided that the total price for the relevant goods has been paid in full and cleared funds on or before the due date for payment, where Goods come with a manufacturer’s guarantee we warrant that those Goods are free from defects in design, materials and workmanship to the extent only that we can enforce such guarantee or warranty against the manufacturer of the relevant Goods. 11.3 We shall not be liable for any loss or damage to the Goods during transit unless:
11.4 We may also sell extended warranties on terms agreed with you in writing. 11.5 For Goods which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery (Warranty Period), the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.6. 11.6 The warranty in clause 10.5 does not apply to any defect in the Goods arising from:
11.7 Subject to clause 11.6, in the case of Goods subject to the warranty at clause 11.5 only, if:
12.1 The price of the Goods and Services shall be the price set out in the Order, or, as quoted. 12.2 The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods or Services that is due to: 12.2.1 any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); 12.2.2 any request by the Customer to change the delivery date(s), quantities or types of Goods or Services ordered, or the Specification; or 12.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions. 12.3 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer. 12.4 The price of the Goods and Services is exclusive of amounts in respect of value added tax ("VAT"). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods or Services. 12.5 The Supplier may invoice the Customer for the Goods or Services on or at any time after the completion of delivery or performance (as the case may be). 12.6 Credit terms are available at the Supplier’s absolute discretion subject to the Supplier obtaining satisfactory credit references. 12.7 The Customer shall pay all invoices in full and in cleared funds by the end of the month following the month the invoice was dated. Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence. 12.8 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment ("due date"), then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Lloyds Bank plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount. 12.9 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer. 12.10 We accept payment by all major debit and credit cards (fee may be applicable), PayPal (fee may be applicable) and bank transfer. Unless we agree credit terms with you in writing, you must pay for the Goods before we dispatch them.
13.1 We may amend these Terms from time to time. 13.2 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us. 13.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
14.1 Nothing in these Terms limits or excludes our liability for:
14.2 Subject to clause 14.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: -
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2. 17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, failure of our third party suppliers, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: -
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.