Unless otherwise explicitly agreed in writing, the conditions as set out below apply to all/each transaction for the sale of goods and materials, design services by ByVac to a purchaser of Goods and/or Services.
These conditions shall apply to all orders (including internet, fax, telephone orders) placed with ByVac by the purchaser. Acceptance by ByVac of any order is conditional upon acceptance by the Purchaser of these Conditions which shall override all other terms and conditions inconsistent herewith, whether express, implied or otherwise including terms, conditions or stipulations contained in the Purchaser's purchase order or other form of writing or otherwise stipulated by the Purchaser and with are at variance with or additional to these Conditions. The same shall not be binding upon ByVac unless specifically accepted and signed by ByVac.
Acceptance of a Purchase Order by ByVac cannot be construed or implied to create an obligation on ByVac's part to accept, subsequent purchase orders for any of the goods and/or services.
The price of the Goods or Services is the price contained in ByVac's non-binding quotation or is the current list price as displayed on the web site. This price is exclusive of delivery, packaging, carriage, insurance, custom duties which may be charged.
ByVac reserves the right to adjust the price at any time.
There are several methods of payment as described here Payment Methods. The terms of which are strictly shipment on receipt of payment. If paying by PayPal credit cards can be used even if you have not signed up to PayPal.
Risk of damage to or loss of the Goods passes on delivery or, if the Purchaser fails to take delivery without good cause, at the time when delivery is tendered. Title to and property in the Goods does not pass to the Purchaser until ByVac has received full payment of the Price and all other sums due to ByVac from the Purchaser.
Byvac makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Byvac shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website
All our parts are covered by a 90 day warranty, that the product is free from defects in materials and workmanship. If defects arise during this period, we will at our option, repair or replace the goods purchased or refund your money. Our liability under this warranty is subject to us being satisfied that the material is faulty due to poor materials or workmanship. We will not be responsible for any damage caused by incorrectly connecting or improper use of the material. Furthermore, we will not be liable for any damage to third party or attached equipment to which these products are used.
The goods are not suitable for any medical, safety or mission critical applications.
Unused and undamaged Goods can be returned to ByVac within 30 days of the delivery date at the sole discretion of ByVac. Good returns must be accompanied by a valid return merchandise authorisation. All Goods returned as set out in the above clause shall be at the sole cost of the Purchaser.
ByVac reserves the right to substitute goods substantially equivalent to those ordered. The Purchaser agrees that it is its responsibility to test all shipments of Goods so as to ensure that they are suitable for its requirements. Orders can only be cancelled by notice in writing at any time prior to shipment.
The Purchaser shall accept sole responsibility for and ByVac shall not be liable for any use of the Goods by the Purchaser, its agents and employees and the Purchaser shall hold ByVac harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.
ByVac is not liable to the Purchaser because of any representation, or any warranty (express or implied), condition or other term, or any duty in common law, or under the express terms of the Contract, for : (a) any loss of profit, business contracts, opportunity, goodwill, revenue, anticipated savings, expenses, costs or similar loss; and/or (b) any indirect, special or consequential loss or damage; and in the case of either paragraph (a) or (b) above whether caused by negligence, breach of contract, tort, or breach or statutory duty of ByVac, arising out of or in connection with the Contract.
Any other liability of ByVac to the Purchaser in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in connection with the Contract is limited to the Price.
The Purchaser will at all times (and without limit of time) keep confidential information acquired in consequence of the Contract. Including business correspondence, technical literature, except for information which is bound to disclose by law or to its professional advisers where reasonably necessary for the performance of their professional services.
These Conditions and the documents referred to in them, set out the entire agreement between the Parties and supersede any prior written or oral agreement between them relating to the subject matter of the Contract and the Purchaser acknowledges that in entering into the Contract, it has not relied on any representation not expressly set out in the Contract.
If any provision of these Conditions is held to be illegal, void or unenforceable the legality, validity and enforceability of the remainder of the Contract is not to be affected. Nothing in this contract excludes liability for fraud. No person (either legal or natural) who is not a Party has a right to enforce any term or condition of the Contract.