TERMS AND CONDITIONS OF SALE
1.1 “Seller” means the supplier of the goods.
1.2 “Buyer” means the Person or Company who buys or agrees to buy the Goods from the Seller.
1.3 “Conditions” means the Terms and Conditions of Sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.4 “Ship Date” means the date specified by the Seller when the Goods leave the Seller’s warehouse.
1.5 “Goods” means the articles which the Buyer agrees to buy from the Seller.
1.6 “Price” means the price for the goods excluding VAT.
2 CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND TERMS OF PAYMENT
3.1 The Price shall be the price set out on the current Price List at the date of the transaction unless a special price has been agreed by the Seller in writing. The Price is exclusive of VAT which shall be due at the rate ruling at the date of the Seller’s invoice.
3.2 In the case of a Buyer with a current approved credit account payment of the Sales Invoice shall be due within 30 days of the date of the invoice unless special credit terms have been agreed by the Seller in writing in which case payment of the Sales Invoice shall be made within the terms agreed. In all cases where no approved credit account has been set up in the name of the Buyer the Seller shall not be bound to deliver the Goods until the Buyer has paid for them on or before the delivery by way of Card, Cash or Bank Draft or by way of Cheque if such an arrangement is previously approved and agreed by the Seller. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue at a rate of 2% above bank base rate from time to time in force and shall be applied from the date when payment becomes due from day to day until the date of payment and shall continue to accrue at such a rate before any judgment.
3.4 If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may:
3.4.1 suspend or cancel deliveries of any articles due to the Buyer; and/or
3.4.2 appropriate any payment made by the Buyer to each of the Goods (or Goods supplied under any other Contract with the Buyer) at the Seller’s own discretion; and /or
3.4.3 suspend or cancel any credit account; and/or
3.4.4 any legal costs incurred by the Seller or the Seller’s representative in pursuing payment of an overdue invoice shall be charged to the Buyer without exception and the Buyer shall pay for these costs.
3.5 The Seller shall be entitled to charge the Buyer the sum of £40 plus VAT in respect of each occasion that any cheque is not met on presentation.
4 THE GOODS
4.1 The quantity and description of the Goods is as stated in the Seller’s Sales Note.
5 DELIVERY OF THE GOODS
5.1 Delivery of the Goods shall be made to the Buyer’s address as specified by the Buyer. Where The Seller contracts out delivery of goods special instructions where appropriate will be given to the contracted carrier and the Goods will normally be delivered within 4 working days from the date of despatch from the Seller’s warehouse unless the Buyer requests Next Working Day Delivery which shall carry an additional charge to the Buyer and will vary in Accordance with the price prevailing at the time of the transaction but will be specified at the time of the Buyer placing the order. The Buyer shall make all arrangements necessary to take delivery of the Goods. The Buyer agrees to pay any charges relating to the delivery should the buyer not be available to accept delivery and/or refuse delivery where no fault is found and/or make requests or changes after the delivery has been booked with The Sellers carrier.
5.2 Goods sent non-palletised or ex-works shall incur a carriage charge and that charge will be the one prevailing at the time of the transaction or is specified on the Buyer’s current Price List; orders of a pallet volume shall not incur a carriage charge unless supplied ex-works.
5.2.1 Goods requested on Next Day Delivery, requiring a tail lift, booking in or timed delivery may incur a supplement in accordance with the cost prevailing at the time of despatch.
5.3 The Seller shall not be liable for any loss or damage whatever due to failure by the contracted carrier to deliver the Goods (or any of them) promptly or at all.
6 ACCEPTANCE OF THE GOODS
6.1 The Buyer shall be deemed to have accepted Goods on delivery.
6.1.2 The Buyer shall inspect Goods on receipt of delivery and indicate on the carrier’s Proof of Delivery any loss or damage to the Goods. The buyer shall report all shortages or damages to the seller within 24 hours of delivery.
6.1.3 Where the Buyer has not been able to inspect the Goods on receipt of delivery* the Buyer must confirm the box count for shortages noting on the documents where necessary ‘shortages’ and carry out an inspection within 24 hours of receipt of the Goods and notify the Seller by email, telephone or fax of any defective or short delivery. * ‘Damages’ must be noted on the carrier documents to validate any claim the seller will not entertain any claim what so ever where the buyer has signed for the goods as 'received in good condition'.
6.2 After acceptance of the Goods the Buyer shall not be entitled to reject goods which are not in accordance with the Contract.
7 WARRANTIES AND LIABILITY
7.1 The Seller warrants that the Goods will at the time of despatch from the Seller’s warehouse correspond to the description given by the Seller. All other warranties conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
7.2 No claims will be entertained unless notified to the Seller within 24 hours from time of delivery and the delivering driver documents completed noting ‘damages’ or ‘short (the box count altered accordingly)’. If the Buyer leaves permission for goods to be left unsigned for, the Seller will accept no liability for losses or damages.
7.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach of this Contact by the Seller.
8 RETENTION OF PROPERTY AND PASSING OF RISK
8.1 The Goods shall be at the Buyer’s risk as from receipt of delivery, unless the Buyer collects the Goods from the Seller’s warehouse in which case the Goods shall be at the Buyer’s risk from the moment they leave the Seller’s warehouse.
8.2 In spite of delivery having been made Title to the Goods shall not pass from the Seller until:
8.2.1 The Buyer shall have paid the Price plus VAT in full; and
8.2.2 no other sums whatever shall be due from the Buyer to the Seller.
8.3 The Seller shall be entitled to recover the Price plus VAT notwithstanding that Title in the Goods has not passed from the Seller.
8.4 Until such time as Title in the Goods passes from the Seller the Buyer shall upon request deliver up to the Seller such of the Goods as have not ceased to be in existence or resold. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause 8.6 below shall cease.
8.5 Until Title in the Goods passes to the Buyer in accordance with Clause 8.2 above the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller.
8.6 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Any such sale shall be a sale of the Seller’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales. Until Title in the Goods passes from the Seller the entire proceeds of sale of the Goods shall be held in trust for the Seller and shall be at all material times identified as the Seller’s money
9 CONSTRUCTION OF CONTRACT
9.1 The Contract shall in all respects be construed and operate as an English Contract and in conformity with English Law.
9.2 The headings hereto shall not affect the construction hereof.
VAT NO: 573792989 COMPANY REG: 4635867
When your delivery arrives you must check the box count and condition of the order before signing. When signing for a delivery, you are confirming that you have received the items in good condition. The insurance is invalidated if the items are left unsigned for, for any reason. Please note the driver can’t report back any insurance claims or inform the sender. Therefore the instructions must be followed to ensure you can make a claim.
As you sign -
Failure to note damages or shortages or requesting goods are left unattended or unsigned for or failure to contact the seller within 24 hours of the delivery with details will invalidate any insurance claim.
Delivery refusal or repeated failed attempts to deliver resulting in the delivery being returned to the sender - The seller may where this occurs be charged by the carrier for both the delivery and the subsequent return of the order,
If you require special delivery of any kind please request this at the time of ordering. It is possible an additional fee will be requested. Special delivery includes the requirement for tail lifts, timed or booked in delivery or specific packing requirements.
The seller can on request use a delivery note with no prices displayed stating you the customer as the sender (for gifts and third party sales) or substitute the seller delivery note for one designed by you, the customer.
Please contact us by phone on 01233 840296 to make arrangements and email firstname.lastname@example.org over any specific details.
The seller does not refund unwanted items. The seller may opt to repurchase an unwanted item from you but the price will be adjusted accordingly and take into account the costs of dispatch and the condition of the items on receipt, this is at the seller’s discretion and may be in the form of an account credit. The seller reserves the right to refuse returns of unwanted items.
Within 7 days of purchase the seller may agree to take back faulty items. These must be undamaged and include the original wrapping. Items must be appropriately packaged for returning, as any damages in transit due to inadequate packing will affect the refunded amount. After 7 days mechanical failures are based on the manufacturer’s warranty and discretion. We recommend keeping all original packaging for the duration of any warranty. Most mechanical items are back to base warranties and therefore return carriage is charged in full. Having the original packaging helps ensure returns for repair are safe from damage. Products must be used appropriately for their purpose and kept in a decent and maintained condition for warranties to be valid. Misuse of products invalidates the warranties.
While we do our best to ensure every customer experience and purchase is perfect we understand that perfection is an impossible task. If something goes wrong or you have feedback we welcome the opportunity to improve our systems and correct failures. Please keep any product until requested to do otherwise and we recommend taking clear images in case these are required. You may also phone through complaints on 01233 840296 or email email@example.com stating ‘complaint’ in the subject. It is our policy to follow up on all complaints within 7 working days and resolve the complaint within 1 month â€“ this is due to the international nature of our products.
Please note the seller full terms and conditions of sale apply. Our terms are 30 days from the date on the invoice. For customers who pay on Statement (by our agreement) the payment is due by the end of the month of the due date (i.e. invoices in month one are due at the end of month two). We allow 7 days for receipt. Accounts not paid within these terms will be placed on stop to avoid any debt growing and this will stop any deliveries until payment is received. If you have any problems paying or predict a late payment it is essential you contact us. Our accounts are linked to credit scoring (Experian) therefore late payment may register on your credit history details and repeated late payment will result in the removal or reduction of the credit offered which can also affect your credit rating.
Delivery will be dispatched or released for collection on receipt of cleared funds only. Pro-forma orders are subject to stock until full payment is received. Sales Orders may be deleted if the seller hears nothing from you for 7 days after the order is placed and no payment is received. Please note we do not accept cheque payment. Payment must be via cash, card or BACs transfer.