All tenders and quotations are submitted and all orders accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Company in writing. Acceptance of delivery shall be conclusive evidence of these terms and conditions.
Quotations are submitted on the understanding that goods supplied will be invoiced at prices ruling at the date of despatch unless otherwise agreed.
3. Delivery Promises
These are given in good faith and will be adhered to, as far as possible, but no liability will be accepted for subsequent unforeseen delays due to loss or damage to goods by any third party including carriers and the Post Office, or to delays due to adverse weather conditions. Goods offered ex-stock are subject to their being unsold on receipt of confirmation.
4. Cancellation and Variations
(1) Cancellation of an order cannot be accepted, or goods returned for credit, unless previously agreed in writing by the Company.
(2) No variation of any order shall be binding upon the Company unless the same shall be agreed in writing.
(3) Stock items returned by agreement with the Company shall be subject to re-stocking charge where applicable. This will be charged at 10% of the value of the goods returned, and will be deducted from the refund amount credited. Carriage charges relating to the original transaction will not be credited / refunded. In addition, where the Company is not at fault all return carriage or postage costs must be met by the customer.
(4) In accordance with the DTI Consumer Contracts Regulations, a period of 7 (seven) working days from receipt of goods is allowed for the return of goods.
5. Loss or Damage in Transit
Where goods are sent carriage paid the Company will replace free of charge goods damaged or lost in transit provided that written notification is given to the Company within three days of delivery or in the case of total non-delivery notice is given to the carriers and the Company within seven days of the date of notice of despatch.
The customer shall inspect the goods immediately on arrival thereof and shall note shortages or damage on the delivery note and give written notice to the delivery, with full details of the claim, within seven days from such arrival.
If the customer should fail to give such notice within the said period the goods shall be deemed to be in all respect in accordance with the contract and the customer shall be bound to accept and pay for them accordingly.
7. Retention of Title
(1) Risk in the goods shall pass to the customer immediately on delivery to the customer or into custody on the customers behalf which ever is the sooner.
(2) Notwithstanding delivery, the goods shall remain the property of the Company (which reserves the right to dispose of this contract) until the Company has received payment of the full price of (a) all goods the subject and (be) all other goods supplied by the Company to the customer under any other contract whatsoever.
(3) The customer shall nevertheless be entitled to deal with goods in the ordinary course of business provided that:
(4) Until property in the goods passes to the customer the customer shall hold the goods as bailee for the Company and shall store the goods in such a way that they are readily identifiable as the property of the Company.
(a) The customer shall not purport to dispose of property in the goods until delivery to its own customer.
(b) The customer shall first dispose of the goods that it has paid for and any payments received by the Company from the customer shall first be appropriated to goods disposed of by the customer.
(c) If the goods are altered or any goods become attached to the goods or if any part of the goods is replaced, such other goods or replacement parts shall accede to and form part of the goods and such attachment or replacement shall not affect the Companies in the goods.
(5) If payment or of the price or any part of it under this or any other contract is overdue or if the customer is in breach of any contractual term of this or any other contract with the Company or if the receiver is appointed over all or any part of the undertaking of the customer or commences to be wound up or becomes bankrupt, then (without notice):
(6) If any of the foregoing provisions shall be invalid or unenforceable such invalidity or unenforceability shall not affect the remaining provisions.
(a) All sums payable by the customer to the Company under this or any other contract shall become immediately due and payable.
(b) The customer shall cease to be entitled to sell, using manufacture or other deal with the goods.
(c) The Company shall be entitled to recover and resell the goods (without prejudice to its right to damages) and for that purpose the customer hereby irrevocably grant the Company its servants or agents a licence to enter upon the customers premises for the purpose of removing the goods.
(d) The Company shall be entitled to stop all further deliveries of goods to the customer under this or any other contract.
8. Payment (Credit accounts only)
Strictly Nett - Payment within one month following date of invoice.
In accordance with our policy of constant improvement we reserve the right to modify or amend without notice the specification of any of our products.
9a. Product Packaging
We endeavour to show illustrations of each product as accurately as we can. Due to circumstances beyond our control the packaging of products may occasionally vary to that shown on each individual procuct page. In any case, the contants supplied will be in accordance to what is advertized and invoiced on purchase of each product.
(1) Companies liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract.
(2) Except as specifically provided in these Conditions, no liability is accepted for any direct or indirect, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company.
(3) Any technical advice and recommendations are given in good faith, based upon knowledge and experience. We accept no liability either directly or indirectly arising out of the use of the products.
11. Force Majeure
The Company shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Governmental restriction condition or control or by reason or by any act done or not done pursuant to a trade dispute whether such dispute involves the Companies employees or not or by reason of any other act matter or thing beyond the reasonable control of the Company
12. Law Applicable
All contracts are deemed to be entered into England and shall be governed and construed in accordance with English law.