Terms & Conditions
1. All goods sold by the company are sold subject to these terms and conditions.
a. All terms and conditions included are accurate at the time of printing.
b. The company reserves the right to change its terms and conditions without prior notice and it is the responsibility of the customer to check the latest terms and conditions by visiting the company website.
2. Quotations and prices
a. All quotations of prices (whether written or oral) are subject to withdrawal or amendment by the company at any time prior to receipt of acceptance from the customer and therefore are subject to correction of errors at any time.
b. If the company has not received an acceptance within 30 days of the date of quotation, the quotation shall be deemed to have lapsed.
c. Any prices quoted by the company and its representatives are subject to stock availability. Whilst every endeavour will be made to supply at a quoted price, the company reserves the right to revise the price with reasonable notice. In particular, increased cost of labour, materials, transport and all or any other direct costs between the date of quotation and dispatch of goods.
d. All descriptions and specifications (including dimensions, weights and particulars) submitted by the company are deemed to be approximate only, as are the details given in any company catalogue, price list, website and advertising material and do not form part any contract.
e. The company reserves the right to modify or vary the design, specification or finish of any of our products without prior notice.
a. Payment for goods shall be made at the time of order unless credit terms have been arranged, in which event payment for goods supplied under the contract shall be on the last working day of the month following the month of the invoice (unless otherwise stated on the face of the invoice).
b. If payment of the price or any part thereof is not made by the due date the company shall be entitled without prior notice and without affecting other rights hereunder:
i. Charge interest at 3.5% per annum above the base lending rate on the amount outstanding from the date when payment becomes due until the date of payment.
ii. To cancel or suspend delivery of any goods ordered by the customer which have not already been delivered without incurring liability to the customer.
iii. Recover payment for the goods from the customer and interest thereof on a full identity basis including costs incurred by the company for obtaining payment such as solicitor fees.
c. The customer shall have no right set-off in respect of any claim it may make against the company.
d. The time for performance of the customer’s obligations (whether as to payment or otherwise) shall be of the essence. Failure to perform shall entitle the company at its option to treat the contract as repudiated by the customer so that if invoices remain outstanding following the agreed credit terms then all invoices in existence, whether due for payment or not, will immediately become due and payable.
e. The company reserves the right to set-off against any sums due by the company or any of its associated companies to the customer.
4. Delivery & Carriage
a. Most products are available for next day dispatch and the company will make best endeavours to dispatch all completed orders received by 2pm on the same day. The customer may enquire about availability of products when ordering.
b. Customers will qualify for a Free Next Day Delivery service if the total sum of the order is greater than £50.00 before any tax is applied.
c. Items delivered to any part of an additional charge zone (as per our map) or over a specified weight (as per our charge table) may incur an additional delivery surcharge, even where the sum of the order is greater than £50.00.
d. The company, at its discretion, may use any number of couriers to make deliveries to the customer, including using multiple couriers to deliver parts of the same order.
e. The company is not responsible for the delivery service and therefore cannot guarantee a next day delivery, although most deliveries are made the following day from when an order was completed.
f. The courier will endeavour to deliver the goods without delay and comply with reasonable delivery instructions but any specified time of delivery does not form part of the contract and the company shall not be liable for late delivery howsoever caused or shall such failure to deliver be deemed to be a breach of contract.
g. Any costs incurred by the company due to inadequate site access shall be charged to the customer.
h. If the customer fails to take delivery of the goods, the company shall be entitled to invoice for the goods as though they had been duly delivered. The company may arrange storage of the goods until the actual delivery date and charge the customer for the reasonable cost of storage.
i. It is the responsibility of the customer to inspect the goods at time of delivery. The company accepts no responsibility for alleged non-delivery, shortfall of goods, damage on delivery or other discrepancy unless notification is received in writing. In the absence of such notification the company will deem the customer as having accepted the goods.
i. Claims arising for damage or partial loss in transit must reach the company within 24 hours from the date of delivery.
ii. Claims for non-delivery must reach the company within 24 hours from the date of dispatch.
iii. All other claims must reach the company within 24 hours from delivery.
iv. Damaged goods must be retained for inspection and/or collection.
5. Title of Goods
a. Notwithstanding delivery and the passing of risk property in all the goods delivered by the company to the customer should remain vested in the company until unconditional payment in full is received from the customer and cleared through the bank of the company. This applies for the goods and/or services comprised in any other contracts between the company and the customer which have been delivered and or performed but remain unpaid.
b. Until payment due from the customer under all contracts between the customer and the company has been received by the company in full:
i. The customer shall hold upon trusts for the company for the goods;
ii. The customer shall keep the goods comprehensively insured against normal perils and damage at all times;
iii. The customer shall subrogate to the company any rights it may or will have in respect of insurance monies recoverable for the goods;
iv. The customer shall hold the goods as bailee in fiduciary capacity for the company and it shall be the responsibility of the customer to keep goods in good condition at its own expense;
v. The goods shall be held separately from any other assets and be identified as the property of the company;
vi. The customer shall permit any officer, employee, representative or agent of the company to enter with or without vehicles onto the customer premises or other site where the goods are located and to repossess the goods.
6. Cancellation by The Company
a. The company may defer or cancel any further deliveries and treat the contract as terminated without prejudice to its right to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding if the customer:
i. Fails to make any payment when due or;
ii. Enters any arrangement with its creditors or;
iii. Being an incorporated company shall have a receiver appointed or shall make an order to that effect or;
iv. Being an unincorporated company has a receiving order made against it or;
v. Breaches any of the terms and conditions herein (or in the case of special print orders, of any of the special print orders terms and conditions).
b. The company reserves the right to cancel or reduce any order in the event of being unable, for any reason, to execute either the whole or part thereof.
a. The company shall be responsible to the company for ensuring the accuracy of any order.
b. No order which has been accepted by the company may be cancelled. The customer shall indemnify the company against all loss (including loss of profit), costs (including the cost of all material and labour used), damages, charges and expenses incurred by the company as a result of cancellation.
a. To request a return of any item be it faulty, unwanted or incorrect, the customer is responsible for requesting an RAN (Returns Authorisation Number) from the company.
b. The company at its absolute discretion may agree to the return of the goods by the customer provided that the goods are returned at expense to the customer, in the same condition and original packaging as of the date of dispatch by the company or its agents.
c. Any goods agreed by the company as acceptable for return for any reason (excluding faulty goods) will be subject to restocking charge of 25% of the net invoiced price together with reimbursement of the original delivery charge and any expense incurred by the company as a consequence of the return of said goods to the company.
a. All goods unless stated otherwise (on invoice) are parts only warranty.
b. In respect of the goods which are proved to the reasonable satisfaction of the company to be damaged or defective due to defects in material or workmanship, the company will within a period of 12 months from the original invoice (at discretion of the company):
i. Repair such goods or;
ii. Replace such goods on return or;
iii. Refund the purchase price of the goods on return.
c. Where parts are to be replaced under a warranty, the company will charge the customer the cost of the parts upon their dispatch. The charge for these parts will be refunded to the customer on receipt of the returned faulty parts.
d. The obligation stated in paragraph 9b and 9c will not apply where the goods or parts:
i. Have been improperly altered in any way whatsoever;
ii. Have been subject to misuse or unauthorised repair;
iii. Have been improperly installed or connected;
iv. Have not been maintained in accordance to the manufacturers requirements;
e. Any required or replacement goods or parts will be liable to repair, replacement or refund under the terms specified in paragraph 9b and 9c for the unexpired portion of the 12-month period from the original date of invoice (for the goods to which they relate).
10. Engineer Callouts
a. All engineer call outs (relating to a warranty or otherwise) requested by the customer require a refundable deposit to be paid by the customer to the company in advance of the call out being arranged by the company.
b. Engineer call outs deemed to be covered under the terms of the warranty at the sole discretion of the company will have the deposit refunded. Where fault is found to be, or is classed as, user error or misuse at the sole discretion of the company, be deemed as chargeable.
c. For chargeable callouts, a full invoice will be raised to cover the cost of the engineer callout at the prevailing rates of the company (including any subsidiary charges such as parking, congestion etc.)
d. All cancellations must be made in writing to the company with at least 24 hours’ notice. Any cancelled or aborted calls that are not notified to the company may be deemed as chargeable and this is at the sole discretion of the company.
11. Liability – Subject to the unfair contract terms act 1997, and the ‘requirement of reasonableness’ therein in the event of any claim made against the company may in respect of any matter whatsoever, the liability (if any) of the company shall be limited to the replacement of the goods sold by the company in respect of when the liability (if any) arises only, and under no circumstances shall the company be liable to the customer or any other party for any consequential loss or damage whatsoever.
12. Force Majeure – Every effort will be made to carry out the contract but due to performance is subject to cancellation by the company and to such variations at the company may find necessary as a result of inability to secure labour, materials or supplies due to acts of god, war, strike, lockout, other labour disputes, fire flood, drought, legislation or other cause (whether of the forgoing class or not) beyond the companies control. The company shall be under no liability for failures, variations and delays attribute to causes beyond its control.
13. Entire Agreement – The contract contains all the terms which the company and the customer have been agreed in relation to the goods and supersedes any prior written or oral agreements, representations or understanding between these parties relating to such goods. The customer acknowledges that it is not relied on any statement, promise or representation made or given by or on behalf of the company which is not set out in this contract.
14. Other Conditions of Sale – By ordering any goods from the company, the customer will be deemed to have accepted these conditions contained or in any letter, acceptance from, receipt or the like received by the customer in connection with the goods so ordered and that any such other conditions will not form part of the contract between the company and the customer for the sale of such goods. For the avoidance of doubt, in the case of products specifically stocked at the request of the customer, any additional terms do not apply in addition to these conditions do not form part of the contract for the sale of such goods between the company and the customer.
15. Proper Law - These conditions and all quotations, offer and acceptances shall be governed by and constructed according to English law.