Conditions of Sale

General

The terms and conditions herein apply in all cases, and in the event of the terms and conditions herein conflicting in any way with any terms and conditions issued by any Buyer, the terms and conditions herein shall prevail. No other terms and conditions shall be binding on LabelPod (company of Zygology Systems Ltd) unless an officer of LabelPod explicitly accepts those terms and conditions, in writing.

VAT

Value added tax will be levied at the appropriate rate on all despatches.

Clerical Errors

LabelPod reserves the right to correct clerical errors.

The Goods

LabelPod has a policy of continuous improvement and the right is therefore reserved to make modifications to design and method of manufacture without prior notice. Despatches for custom or specially modified products may contain 5% more than ordered. The Buyer will be invoiced for the total amount despatched.

Despatch Dates

Whilst every effort is always made to execute orders as near as possible to the dates specified for despatch, all orders are accepted subjects to delays caused by fires, strikes and acts of providence, or other delays unavoidable or beyond reasonable control, LabelPod shall not be liable for damages that shall result from such delays.

Claims for Damage and Loss of Goods

Goods received in a damaged or unsatisfactory condition must be signed for as such and LabelPod is under no liability whatsoever for such goods unless LabelPod receives a claim within 7 working days of receipt of such goods. Error and/or shortages must be notified within 7 working days of receipt. Non deliveries must be notified within 7 working days from the date of the invoice.

Carriage Charge

All delivery times are subject to stock availability and orders for next day delivery must be placed before Midday. LabelPod reserves the right to make a standard carriage charge and to charge for any special requirements requested by the Buyer.

Cancellations and Returns

If you wish to cancel an order or return any items please call us on 0845 370 4600 to authorise. Non authorised returns may be rejected. No Goods should be returned to LabelPod until the reason for return has been indicated to and accepted by LabelPod.

If a credit is agreed, where the Buyer has ordered goods in error, then a charge will be levied to cover inspection, handling, re-stocking and administration (normally 25% of Nett value).

• The goods must be unused and “as new” in their original packaging including all manuals and accessories, the packaging must be in pristine condition and any software CD’s unused and still sealed.
• Any Items with broken security seals or have been unpacked from original packaging will be rejected and will not qualify for a refund or credit. Consumables are not returnable once opened.
• LabelPod must be notified within 7 working days from receipt of delivery for authorisation this will be valid for 7 working days it will be your responsibility to return the goods to us at your own cost and risk. We will not accept goods back after this period.

If goods are received back with missing parts or consumables (such as ribbons, cartridges, labels etc) or accessories, the cost of the part will be charged to you or we may reject the return.

Faulty Returns

Should an item fail or develop a fault please contact us as soon as possible as many “faults” can be resolved quickly over the telephone.

If the goods need returning you may either return them to us directly yourself or we can organise a collection from your location for a small charge. When the goods have been received they will be inspected and if found to be faulty we will authorise one of the following:

• A replacement-despatched as soon as possible
• A repair-then despatched as soon as possible

If the item is not found to be faulty it will be returned to you at your cost. This returns policy does not affect your legal rights.

Payment

• Payment is to be made prior to goods being despatched unless otherwise agreed.
• We accept most credit and debit cards
• A Credit account may be opened for Purchasers who furnish satisfactory references or meet the required monthly order values as requested by LabelPod.
• Settlement terms for account holders strictly net 30 days.
• LabelPod shall have the right to suspend delivery and also at its discretion to terminate the contract in respect of undelivered goods if the customer fails to comply with the terms of the account.
• Creating an account on the LabelPod web site does not automatically qualify you for a 30 day credit account.

Ownership

The ownership of the goods shall remain with LabelPod until such time as all sums owing to LabelPod whether under this contract or any other contract have been paid.

Limited Liability

Any liability which we may incur to you in contract or tort (including liability in negligence) arising out of or as a result of:

• Any failure to supply or delivery goods
• Any delay in delivery of goods
• Any defect in any goods or service
• Failure of a product to perform where liability for testing for suitability lays with you shall be limited to the purchase price of the goods in question. Your statutory rights are not affected

Liability to Third Parties

You shall indemnify us in respect of any liability and all losses, costs, charges and expenses which we may suffer or incur by reason of any claim (including for liability in negligence) made by third parties in respect of or arising out of state, conditions or use of goods (including, without limitations, goods resold to third parties whether or not despatched directly to third parties at your request) or in any other way relating to the goods.

Force Majeure

These conditions of sale shall be constructed in accordance with the laws of England and if any question, dispute or difference shall arise between the parties in respect of their interpretation, the same shall be referred by agreement to a single arbitrator otherwise it shall be referred to arbitration under the provisions also being applicable to the case of reference to a single arbitrator.

We shall incur no liability for failure to perform our obligations thereunder due to the existence of circumstances which we have not caused and which are beyond our control.