Conditions of Sale

NCG CAM General Conditions of Sale

NCG CAM Software

1. Parties

In these Conditions of Sale NCG CAM Solutions is referred to as the “Seller” and the individual, Firm, Company, Parent Company, Group of Affiliated Companies or Corporation placing the order is referred to as the “Customer”. The “Equipment” refers to the dongle or software covered in any Contract. The “Contract” means any contract, document, order, invoice or quotation.

2. Delivery

  • 2.1 If a delivery date is specified or otherwise given by the Seller the same shall be taken as an estimate made by the Seller in good faith and shall not be a term of the Contract.
  • 2.2 In no circumstances shall the Seller be liable for any loss or damage sustained by the Customer in consequence of failure to deliver by such date.
  • 2.3 Time of delivery is when the Equipment is delivered at the address designated in the Contract.
  • 2.4 If for any reason the customer agrees with the seller to return equipment to the seller, the equipment must be dispatched to NCG CAM Solution’s offices specified on the invoice.


3. Price

All quotes are valid for 30 days. All taxes will be added.


4. Payment

  • 4.1 Where the equipment includes a licence code, a timed licence may be issued to the customer that covers a period agreed in the payment terms. A permanent licence will be issued when full payment has been received.
  • 4.2 If the customer is in possession of the equipment before they have paid in full to the seller, they are responsible for the equipment.
  • 4.3 For invoices to the customer, payments must be made by the customer’s company, parent company or group of affiliated companies within the timeframe specified by the customer’s invoice.
  • 4.4 Payments must be made in accordance with the payment terms stated on the quote and invoice. The customer may only default on their payment within the timeframe specified by the payment terms, and they must tell us in writing when they choose to do so.
  • 4.5 Once any payment has been given in accordance with the payment terms, the company is under no obligation to offer refunds.


5. PROPERTY

  • 5.1 All dongles delivered by the Seller to the Customer are and shall remain the property of the Seller (and legal ownership shall remain vested in it).
  • 5.2 Licenses bought by the customer are perpetual licenses to use the software, the software remains the property of the Seller.

6. Dongles

  • 6.1 All customers can expect dongles sent to them to be free of defects in workmanship and materials under normal and proper use and conditions.
  • 6.2 The customer may receive a replacement dongle, in the event of defects in workmanship and materials, under software maintenance if they have active cover.
  • 6.3 If the customer modifies or damages the dongle through neglect or abuse, they will be expected to pay a replacement charge to the seller.
  • 6.4 Any faulty dongles received by the customer must be returned to NCG CAM Solutions office, specified on their invoice, within 14 days of the dongle being dispatched. This is so that the seller can quickly send the customer a replacement dongle.


7. Software Maintenance

Software maintenance is offered to the customer for a period of one year from the date of delivery. This can be renewed annually after this period.


8. Customer Default

A customer default mentioned in clause 4.4 may occur in any of the following contexts:

  • 8.1 If the Customer commits any breach of any of their obligations to the Seller.
  • 8.2 If any distress or execution is levied upon the Customer, their property, or their assets.
  • 8.3 If the Customer compounds with their creditors or commits any act of bankruptcy.
  • 8.4 If a petition or receiving order in bankruptcy is presented or made against them.
  • 8.5 If the Customer is a Limited Company and any resolution or petition to wind up such company’s business is passed or presented for any reason other than for reconstruction or amalgamation.
  • 8.6 If a receiver or such company’s undertaking property or assets or any part thereof is appointed.
If any of the above contexts are apropos to the customer’s situation, the seller is entitled to recover, at the Customer’s expense and without demand, all the Equipment which remains the seller’s property pursuant to the property clause 5 listed above.


9. Legal Contract

  • 9.1 Every contract made between a seller and customer that is in accordance with these conditions, and takes effect as a contract prepared and signed in England, must be made in accordance with English law.
  • 9.2 Should any disputes arise from these conditions, resolution shall be determined in a court of English law or be referred to a single, mutually agreed arbitrator in accordance with the Arbitration Act of 1950.
  • 9.3 All the above conditions of sale are considered final unless a separate agreement is made between the seller and customer. This agreement is to be made in writing regarding any or all of the above conditions of sale.