Terms & Conditions

Terms & Conditions

General Terms & Conditions

Application and entire agreement

  1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from (we or us).
  2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
  3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

  1. A “business day” means any day other than a Saturday, Sunday or bank holiday.
  2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
  3. Words imparting the singular number the plural and vice-versa

Goods

  1. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Description of the Goods set out in our sales documentation are intended as a guide only.
  2. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

Price

  1. The price (Price) of the Goods is set out in our quotation current at the date of you order or such other price as we may agree in writing.
  2. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
  3. Any increase in the Price under the clause above will only take place after we have told you about it.
  4. You may be entitled to discounts. Any and all discounts will be at our discretion.
  5. The Price is of fees for packaging and transportation / delivery.
  6. The Price is of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority

Cancellation and alteration

  1. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
  2. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of one working day only from the date shown in it unless expressly withdrawn by us at an earlier time.
  3. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

Payment

  1. We will invoice you for the Price either:
    a) on or at any time after delivery of the Goods; or
    b)  where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them
  2. You must pay the price agreed within the date of our invoice or otherwise according to any credit terms agreed between us.
  3. You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you
  4. If you do no pay within the period set out above, we will suspend any further deliveries to you without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 1% per annnum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
  5. Time of the payment will be of the essence of the Contract between us and you.
  6. All payments must be made in the terms of the contract unless otherwise agreed in writing between us.
  7. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

  1. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
  2. If you do not specify a delivery address r if we both agree, you must collect the Goods from our premises.
  3. Subject to the specific terms of any time between 9 am to 7 pm.
  4. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
    a) Sore or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
    b) Make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery;
    c) After 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
  5. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
  6. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond 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.
  7. We can deliver the Goods by instalments, which will be invoices and paid for separately. Each instalment is a separate contract.

 Inspection and acceptance of Goods

  1. You must inspect the Goods on delivery or collection.
  2. If you identify any damages or shortages, you must inform us in writing within two days of delivery, providing details.
  3. Other than by agreement, will only accept returned Goods if we are satisfied that those goods are defective and if required, have carried out an inspection.
  4. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
  5. We will be under no liability or further obligation in relation to the Goods if:
    a) If you fail to provide notice as set above; and/or
    b) You make any further use of such Goods after giving notice under the    clause above relating to damages and shortages; and/or
    c) The defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
    d) The defect arises from normal wear and tear of the Goods; and/or
    e) The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any act by you, your employees or agents or any third parties.
  6. You bear the risk and cost of returning the Goods
  7. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within two days after delivery.

Risk and Title

  1. The risk in the Goods will pass to you on completion of delivery.
  2. Title of the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or ((b) any other goods or services that we have supplied to you in respect of which payment has become due.
  3. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and no remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery
  4. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Termination

  1. We can terminate the sale of Goods under the Contract where:
    a) You commit a material breach of you obligations under these Terms and Conditions;
    b) You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
    c) You enter into a voluntary arrangement under Part 1 of the insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
    d) You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of Liability

  1. Our liability under the Contract and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
  2. Subject to the clause above on Inspection and Acceptance and Risk and Title, all warrantied, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
  3. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
  4. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
  5. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the goods, for:
    a) any indirect, special or consequential loss damage, costs or expenses; and/or
    b) any loss profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
    c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
    d) any losses caused directly by any failure or breach by you in relation to your obligations; and/or
    e) any loss relating to the choice of the goods and how they will meet your purpose or the use by you of the Goods supplied.
  6. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
  2. Notices will be deemed to have been duly given:
    a) When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
    b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
    c) On the fifth business day following mailing, if mailed by nation ordinary mail; or
    d) On the tenth business day following mailing, if mailed by airmail.
  3. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Circumstances beyond the control of wither party

  1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts or terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

  1. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

  1. If one or more of the Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

  1. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Graded Handsets Terms & Conditions

Please visit the link below to read full terms & conditions of our graded handsets.

Click Here

Terms and Conditions of Participation for the loyalty scheme.

Organiser

The organiser of the Bonus Campaign is New Way International, Britannia House, Pier Rd, Feltham TW14 0TW. Participation / Eligible participants. These Terms and Conditions of Participation apply to the Bonus Campaign. New Way International reserves the right to exclude participants from the Bonus Campaign in the event of a breach of these Terms and Conditions of Participation. Only customers of New Way International are eligible to participate. There is no charge for participating in the Bonus Campaign.

Period of the campaign

The Bonus Campaign will take place from 01/04/2018 to 31/09/18. Bonus points maybe earned only during this period.

Bonus points / Bonuses

The participant will receive bonuses in kind, which depend on the number of bonus points earned. Details about the bonuses can be found at www.newwayinternational.co.uk and in advertising materials associated with the Bonus Campaign. Unless expressly noted otherwise, each bonus in kind is a product with a basic configuration.

Bonus points earned in connection with customer orders are credited to the customer-specific points account on a continual basis. The relevant bonus points are determined in accordance with the standard described below. In this regard, the participant may earn bonus points for the number of sales made in a given month, for the amount of cumulative daily sales, and for orders for specially designated campaign products. Specially, the following applies:

A) Bonus points for the number of sales made in a given month

The participant earns bonus points in accordance with the number of sales made in a given month. The relevant figure is the number of sales successfully made for New Way International in a given calendar month, whereby only one transaction counts each day (if several sales are made in a given day, these are considered to be one sale within the meaning of these bonus rules). The invoice date is controlling for determination of the bonus points. Only daily sales with a total value of more than £100 are taken into consideration. Bonus points are determined in accordance with the following standard:

Number of bonus points Number of days you’ve spent £100 or more
0 Fewer than 3
5 3 to 4
10 4 to 6
20 7 to 9
30 10 to 12
40 13 to 15
50 16 or more

 

B) Bonus points in accordance with the amount of daily sales

The participant can earn additional bonus points with respect to the value of the sales made in a given day, whereby several transactions in a given day that are relevant to sales are counted together. Negative sales (e.g. credits for returns) during the campaign period result in a deduction of bonus points in the number corresponding to the points awarded for the value of the sale. The invoice date is controlling for determination of the bonus points.

These bonus points are determined in accordance with the following standard:

Points Accumulated Net Transaction Value
(cumulative daily value)
0 to £100
1 more than £100 to £1,000
2 more than £1,000 to £3,000
3 more than £3,000 to £4,000
4 more than £4,000 to £5,000
5 more than £5,000 to £6,000
6 more than £6,000 to £8,000
7 more than £8,000 to £10,000
8 more than £10,000 to £12,000
9 more than £12,000 to £15,000
10 more than £15,000 to £20,000
12 more than £20,000 to £25,000
15 more than £25,000

*In determining points, multiple sales per day are counted as one transaction.

C) Product-specific bonus points for select campaign items in connections with sales campaigns

In addition, during the campaign period, New Way International may grant the participant product-specific bonus points for the successful ordering of certain products. These bonus points and the products relevant to them are specified and announced prior to each sales campaign. The number of the product-specific bonus points depends on the number of campaign items ordered during the sales campaign period. The number of possible bonus points during each sales campaign is limited to 10 per campaign item.

Bonuses / Collecting bonuses

After the bonus campaign ends, those eligible for bonuses will be sent a written or electronic notification to the address/contact data on the file with New Way International, Depending on the number of points earned, the participant is entitled to choose bonuses in kind from the selection of bonus products listed at www.newwayinternational.co.uk and must notify New Way International of this choice in writing. If the participant eligible to receive a bonus does not give notice within four weeks of the sending of the notification, the claim to a bonus lapses. Bonuses in kind may be substituted by New Way International in its discretion with other bonuses in kind or cash bonuses if drawing the bonus in kind is impossible with unreasonable effort for procurement or provision. Bonuses in kind may deviate from the bonuses depicted in the images provided by New Way International in particular with respect to model, colour, or configuration. The participant may pick up the bonuses from New Way International at its office. At the participant’s request, New Way International will ship the bonuses, but in that case the participant must bear the cost of shopping and any other costs incurred, including customs duties and levies. Shipment is not made until payment of these costs by the participant is ensured. If a bonus in kind is shipped, New Way International assumes no liability for the deterioration or loss of the item. The participant bears the risk of deterioration and accidental loss. The participant has no claim to insured shipment.

Exclusion of conversion / Liability

The participant has no claim to cash payment, exchange of the bonuses, or assignment of the bonuses, or assignment of the bonuses of bonus points to third parties. The liability of New Way International and its agents is limited to wilful misconduct and gross negligence.

Exclusion from participation

New Way International reserves the ability to exclude participants from participation in the bonus campaign if they breach these Terms and Condition of Participation and/or attempt to impermissibly influence the course of the bonus campaign. If this should be ascertained after determination of the bonus or after it has been handed over or sent, New Way International will retroactively invalidate the bonus and demand that it be returned. New Way International may exclude from this bonus campaign those participants who have payment arrears starting with the commencement of the campaign period until determination of the bonuses in kind or with whom legal disputes are being conducted in court or out of court.

Terms and Conditions (T & C)

This program will be governed by the laws of England and Wales. If any of these Terms and Conditions is found to be illegal, invalid or unenforceable under any applicable law, such term or condition shall, insofar as it is severable from the remaining terms and conditions, be deemed omitted from this Program and shall in no way affect the legality, validity or enforceability of the remaining terms and conditions. If these Terms and Conditions are translated into a foreign language then the English version shall prevail if any inconsistency exists.