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Terms and Conditions of Sale

These Terms & Conditions of Sale apply to online sales via Newgate (Newark) Ltd – hereinafter referred to as ‘The Company’ – and apply to all orders or contracts accepted by ‘The Company’ for its goods, or services.

  1. Product Pricing & Description – Please note all images shown are for illustration purposes only and may differ slightly from order. Colours and appearance on the website change according to the resolution and the screen type of your computer. Therefore, we cannot guarantee that the appearance or colours of the products shown are correct so please use the RAL numbers provided for colour matching.
  2. Orders – Once orders are completed at checkout ‘The Company’ will acknowledge your order and accept it via email, you will then receive an invoice from ‘The Company’ or alternatively ‘The Company’ will reject your order.If ‘The Company’ accept your order, a contract will be formed between you and us, products will be dispatched separately to invoice.
  3. Design, Patent, Copyrights etc. – all design rights, patent rights and copy rights including any listings, drawings and specifications are hereby specifically excluded from the benefits to the purchaser which are the subject of quotations issued, or orders/contracts accepted by ‘The Company’, all Technical, or other information (including that on our website) issued by ‘The Company’ is so issued in food faith and without liability for errors or omissions and without liability in respect of information supplied by others.
  4. Guarantees and Warranties – All goods supplied, and services carried out by ‘The Company’, shall be of good quality and suitable for operation in the manner intended by ‘The Company’, as expressed in ‘The Company’s’ quotation, or order acceptance. However, ‘The Company’ shall in no way be liable for the consequences of use, or non-use of the equipment or services supplied.In the event of any defect appearing in ‘The Company’s’ materials, ‘The Company’ will replace, free of charge, any defective component, , provided that the purchaser notifies ‘The Company’ in writing, and gives us full access to the equipment, within Twelve Months of the date in which the goods were despatched by ‘The Company’. After this period a charge will be made by ‘The Company’. If the goods have not been used, or maintained in accordance with ‘The Company’s’ information supplied with the goods, or have been misused, then the Warranty will be forfeit. In the event of the goods being installed by ‘The Company’, the Warranty will commence from the final date of installation and commissioning.
  5. Despatch Periods – delivery periods mentioned in ‘The Company’s’ quotation, or order acceptance are estimates only, made in good faith, and are based on ‘The Company’ having full and sufficient information to enable ‘The Company’ to proceed uninterruptedly. The failure of the customer, or his representatives to produce such information could have an effect on the lead time of the product, should this happen, a revised despatch period shall be negotiated by ‘The Company’, with the purchaser, and without penalty to ‘The Company’.
  6. Delivery to Site and Offloading – this will be based on the purchaser providing to ‘The Company’ full information as to the site location and/or despatch address.If our delivery vehicle is kept waiting on site for a time not considered acceptable or reasonable, then ‘The Company’ reserve the right to return without completing the scheduled delivery, at an extra additional cost to the purchaser. Goods damage ‘in transit’ must be advised to the customer within 24 hours, and in writing (with photographic evidence).

    If you choose to delay the delivery of the products, ‘The Company’ reserve the right to charge a storage fee based on commercial rates.

  7. Cancellation – of an order or contract, that has been accepted by ‘The Company’ will only be put into effect if the purchaser agrees to pay the full amount notified by ‘The Company’ in respect of value of material and labour committed, together with a reasonable amount towards overheads loss of profits and cost of disturbance of ‘The Company’s’ manufacturing programme. ‘The Company’, may cancel or suspend the order, giving the purchaser written notice, if the purchaser becomes insolvent or fails to pay for the goods.
  8. Terms of Payment
    1. Current payment options: Bank Transfer, PayPal, World Pay, Payment on Account.
    2. Payment on Account is due within 30 days of the invoice date, unless otherwise agreed in writing.
    3. Where deposit stage payments, or proforma terms are agreed, payments must be made when the order is placed, or at agreed dates with ‘The Company’. Failure to agree to these terms could lead to contract cancellation, or revised/extended delivery dates.
    4. ‘The Company’ reserve the right to issue proforma invoices to non-account purchasers, or purchasers with a history of low credit rating or poor financial trading.
    5. The ownership of the goods which form the subject matter of the contract shall only pass to the purchaser when those goods have been paid for in full to ‘The Company’.
    6. ‘The Company’ will not be obliged to undertake any warranty work if any payment is outstanding.
    7. Prices are liable to change, changes will not affect orders in respect of which ‘The Company’ have already sent you an invoice/email confirmation.
    8. If the rate of VAT changes between the date of the order and the date of delivery, ‘The Company’ will adjust the VAT you pay unless you have already paid for the products in full before the change in VAT takes effect.
    9. Checks are carried out and authorisation procedures on cards when you order/buy products from us. ‘The Company’ reserve the right to reject any order placed with us, depending on the results of the checks and procedures that ‘The Company’ carry out.
  9. Interpretation – of these conditions, and the contract, is in accordance with English Law, irrespective of the ultimate destination of the goods.
  10. Arbitration – in the event of any dispute arising as to the interpretation of these conditions and the conduct of the parties hereto, the matter shall be referred to arbitration, in accordance with the current arbitration act, and subsequent legislation thereof.
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