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| These standard terms and conditions of sale apply to all on-line transactions safe where different clauses are expressly mentioned within the store. This website is purely for customers or for deliveries in the United Kingdom.
1. SELLER'S CONDITIONS OF SALE APPLY These are the Terms and Conditions of sale which apply to and govern all our/the Contracts between us as the Seller ("The Seller") and you as the Buyer ("The Buyer"). By accepting delivery of the product you accept and agree to be bound by these Terms and Conditions. These Terms and Conditions shall apply as the complete and exclusive terms of each contract, and no variation from the Buyer contained in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed by the Seller in writing. 2. PRICES All price quotations are calculated from costs available at the date of the quotation and are shown on the website inclusive of VAT, but exclusive of delivery (unless order above £50.00). 3. DELIVERY (a) Unless otherwise and previously agreed in writing (on each occasion) between the Seller and Buyer, acceptance by the Buyer of goods which have been ordered shall occur upon delivery, or attempted delivery, to the Buyer. (b) If the Buyer fails to take delivery at the time specified in the Contract the Seller shall be entitled without prejudice to any other rights he may have to either treat the Contract as at an end and to resell the goods, or to invoice the goods whereupon payment in full shall become due forthwith. (c) (i) Any date of delivery given by the Seller to the Buyer shall be an estimate date only and while the Seller will endeavour to comply with any such date he shall not be responsible for late delivery. (ii) Without prejudice to the generality of the forgoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller. 4. RISK All goods are borne at Buyer's risk from the time notification when delivery, or attempted delivery, takes place at the location stipulated in the Contract between the Buyer and the Seller. 5. LIMITATION OF SELLER'S LIABILITY (a) In any case where it is established to the satisfaction of the Seller that there has been a short delivery or a failure to deliver the goods to their destination or that the goods have been damaged (whether wholly or in part) prior to delivery the Seller will replace them or where the goods have been damaged accept their return and credit the Buyer with the price thereof provided that: (i) Any complaint by the Buyer of short delivery of or damage to the goods shall have been notified in writing to the Seller immediately upon receipt of the goods; (ii) Any complaint by the Buyer of failure to deliver shall have been notified within 10 days of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier. (b) In any case where it is established to the satisfaction of the Seller that when delivered goods contained some defect in quality or did not correspond with sample or description the Seller may (entirely at the Seller's discretion) assign to the Buyer the benefit of any express guarantee or warranty received by the Seller from the manufacturer or supplier of the goods, failing which the Seller will: (i) Replace the goods without further charge, or (ii) Accept the return of the goods and credit the Buyer with the price thereof. (c) The Seller shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract. (d) The Seller shall be under no liability if the goods are not paid for by the due date. (f) The Seller's entire liability shall be limited to the value of the goods. 6. CONSEQUENTIAL LOSS Without prejudice to the generality of the foregoing provisions the Seller shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising. 7. TIME OF PAYMENT All sums due to the Seller shall be paid in full prior to dispatch. 8. SELLER'S RIGHT OF RECISSION The Seller shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any Contract between the Seller and the Buyer or to suspend delivery in the following events: (a) If the Buyer is in breach of any term of the same or any other Contract with the Seller and/or (b) If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading. 9. FORBEARANCE BY SELLER No forbearance or indulgence by the Seller shown or granted to a Buyer whether in respect of these standard conditions or otherwise, shall in any way affect or prejudice the rights of the Seller against the Buyer or be treated as a waiver of any of these standard conditions. 10. FORCE MAJEURE The Seller shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the Seller. 11. PROPERTY RIGHT, ETC The Buyer shall indemnify the Seller against all claims for infringement or alleged infringement of third party patent or other industrial property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyer's order in accordance with the Buyer's designs, plans or specifications shall be indemnified by the Buyer. 12. PALLETS Where palletised deliveries are requested or necessary, pallets may be charged extra. Pallets subsequently returned at the Buyer's expense and risk in the same condition as delivered will be credited to the Buyer at the price originally charged.. 13. GENERAL All prices shown on the website are considered as an offer by the Seller and the Seller shall not be bound to sell until it has communicated acceptance to the Buyer of the Buyer's order. 14. LAW These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts. 15. THIRD PARTY RIGHTS The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement. |