Acceptance of Orders
All orders accepted by the Company shall be subject to these Conditions of Sale. The Company shall not be bound by any conditions inconsistent with these Conditions of Sale which may be contained in an order sent to the Company and every such order shall be read and construed as if such conditions inconsistent with these Conditions of Sale were not included therein.
No variation of these Conditions of Sale shall be binding unless agreed to in writing between the authorised representatives of the Company and the Customer.
All orders for goods are accepted by the Company subject to any reasonable delay occurring in manufacture of delivery whether such delay is caused by circumstances over which the Company has control or otherwise.
The Company reserves the right where it is prevented by whatever cause from fulfilling its obligations in its absolute discretion to deliver a part only of the goods, in which event the Company shall not be liable for any loss or damage sustained by the Customer as a result.
Prices and Specifications
The terms, prices and specifications quoted on the Company’s website are subject to alteration and prices include Value Added Tax.
Force Majeure and Availability of Goods
The Company shall not be liable for any delay or failure in fulfilling orders due to circumstances beyond the Company’s control including but not limited to strikes, shortage of materials or power, accidents, fires and breakdowns of plant or machinery.
If due to such circumstances there are insufficient goods of the kind to be supplied hereunder available to the Company from its normal sources the Company shall be entitled (by giving notice to the Customer of its intention to do so) to ration the available goods between its customers as it thinks fit or to postpone performance of the contract without incurring any liability whatsoever.
Quality of Goods and Limitation of Liability
The Company warrants that goods shall at the time of delivery conform to the manufacturer’s standard specification therefor and be reasonably fit for the purpose for which they are supplied provided always that the Company shall have no liability whatsoever for any loss of or damage to property arising from use of the goods otherwise than strictly in accordance with the directions recommendations and precautions for use on the label on the goods and in any leaflet issued by the Company in respect thereof.
All other conditions and warranties express or implied statutory or otherwise are excluded and subject as aforesaid the Company shall have no liability whatsoever in contract or tort for any loss of or damage to property arising from supply or use of the goods except in respect of death or personal injury caused by the Company’s negligence.
The Company shall be under no liability for breach of the express warranties given above unless the Customer informs the Company in writing as soon as practical of the event or defect alleged to have occasioned the damage and allows the Company a reasonable opportunity of inspecting the goods where practicable.
The property in the goods (‘the property’) shall pass to the Customer when the goods have been paid for in full and until such time the property shall remain with the Company which shall be entitled to redelivery of the goods without thereby cancelling the contract.
Until the property passes to the Customer it is not entitled to pledge or transfer the goods as security to third parties but may only dispose of the goods by way of sale in the ordinary course of business and on condition that the proceeds of such sale are held on trust for the Company.
Notwithstanding the foregoing it is agreed that the risk for storage or damage to the goods passes to the Customer under the terms of this contract on delivery.
The Customer shall maintain such insurance of goods as is normally maintained by companies engaged in the business in which the Customer is engaged and any insurance monies received by the Customer in respect of the goods shall be held on trust for the Company.
Claims for Damaged Goods and Shortages
As a condition precedent to recovery for a shortage in any goods, every claim for such alleged shortage must be made by the Customer within 3 days after receipt of part delivery.
Notice of defects must be given to the Company in writing within 3 days after receipt. Failure to do so shall be deemed to be unconditional acceptance but the Company shall not be liable for any damage (whether direct or indirect) caused to the Customer or persons authorised or permitted by him to operate use or come into contact with the goods due to such faults or defects.
No such claim can in any circumstances be entertained in respect of goods the subject of a clean receipt given by the Customer or on its behalf to the carriers or their agents.
Where any valid claim in respect of any of the goods is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
The Company will only accept the return of any products for exchange or credit if returned within 30 days of receipt. No shipping costs will be refunded, and return costs are the customer’s responsibility.
In the UK – Carriage will be paid by the Company on all orders over the value of £49 net, inclusive of Value Added Tax. Goods will be despatched by a route at the Company’s discretion.
No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other condition or shall limit or prejudice any right or claim available to the Company.
The restrictions and exclusions hereinbefore contained are considered reasonable by the parties hereto but in the event that any such restriction or exclusion shall be found to be void but would be valid if some part thereof were deleted or the period of application or method of application thereof reduced or restricted such restriction or exclusion shall apply with such modification as may be necessary to make it valid and effective.
The Contract shall in all respects be treated as an English Contract in conformity with English Law.