Terms and Conditions of Sale
This is our primary policy of sale terms and conditions, regardless of whether it is from our website, over the phone, or in person.
- All Quotations and tenders are given and all written communications are sent or made on condition that the Seller shall not be bound until dispatch of written acceptance of the buyers order. Any contract by the Seller for the sale or other disposition of goods shall be on the terms of these conditions which supersede any earlier sets of conditions appearing in the Sellers catalogues or elsewhere. No condition contained in any order form or other document of the Buyer shall have any force of effect except insofar as the Seller has agreed to them in writing.
- (i) Save as is expressly provided in writing no condition warranty or representation on the part of the Seller is given or made or nor contained or incorporated herein whether express or implied by statute or otherwise; nor shall any condition warranty description or representation be construed or implied from anything said done or written by the Seller or any person acting on their behalf at any time prior to the contract whether as forming part of the contract or as thereto.
(ii) Without limiting generality of other conditions herein contained there are excluded all conditions warranties and representations whether express or implied as to the quality of the goods or their fitness for any particular purpose nor for any particular process or use and the Buyer must satisfy himself to such suitability. In the case of any non-standard or clearance lines or goods sold below usual prices no warranty express or implied is given that the goods are of merchantable quality. The Seller does not warrant nor is any condition or representation expressed or implied that the goods correspond with any description given or with any sample with which the Buyer has been provided.
(iii) Where any goods supplied are not of the Seller’s manufacture the Seller will at the Buyer’s request assign the Buyer the benefit of any subsisting guarantees or warranties given to the Seller by the supplier in respect thereof so far as the same are capable of assignment.
- (i) Where delivery is to be made by instalments each instalment shall be treated as a separate contract and delay default or non-delivery in respect of any instalment on the part of the Seller shall not entitle the Buyer to cancel the remainder of the contract. Failure by the Buyer to pay for any instalment or delivery when due shall entitle the Seller to withhold further deliveries.
(ii) In the event of any default on the part of the Buyer in accepting delivery of any goods when tended or in making payment for any goods when due the Buyer will be liable to the Seller for any excess handling, storage, insurance and other charges whatsoever incurred by the seller in relation to such goods and to any other goods delivery of which the Seller is entitled to withhold.
- (i) All prices are quoted ex the Seller’s Cradley Heath premises or their suppliers premises. In addition to such prices the Buyer shall be invoiced for all delivery charges and Value Added Tax at the rate ruling at the time of dispatch. Prices quoted in the Sellers catalogue and price lists are those ruling at the time of printing and the actual prices to be paid by the Buyer (notwithstanding and written quotations or confirmation) shall be at the Seller’s prices ruling at the time of dispatch.
(ii) All prices obtained by the Buyer through written quotations are valid for a period of 30 days from the date on which the written quotation was produced, upon the receipt of a written purchase order or confirmation from the Buyer, unless explicitly informed otherwise in writing at time of quotation. Any goods purchased on quotations will be subject to prices ruling upon the quotation, through the original written approval method from the buyer given within the validation period. Any additions or amendments to quantity of any goods quoted, will be made at the Seller’s discretion. Any additions not agreed to by the Seller will be subject to prices ruling at time of dispatch
- The Seller will use their best endeavor, s to complete delivery as agreed but any times quoted for delivery shall not be of the essence and no claim for damages or compensation shall lie against the Sellers by reason of any late delivery or supply.
- No claim shall lie against the Sellers and no goods shall be rejected on the grounds of any shortage or defects in the condition of the goods unless written notification thereof is received by the sellers within five days of collection or Buyer’s receipt of delivery. Signatures for goods as “unexamined” or words to like effects are of no validity and are to be deemed clear signatures for goods in accordance with the contract.
- (i) Any claim made by the Buyer against the Seller (or their suppliers for new equipment supplied and installed within the United Kingdom) under the terms and conditions of the guarantee, must be substantial and to our satisfaction. To facilitate replacement of faulty goods, we will supply and dispatch parts at the Buyer’s request and invoice them on a nominal commercial basis. To establish a claim under the terms and conditions of the guarantee, the faulty goods must be returned to our stores together with sufficient evidence of the validity of the claim and proof of purchase. Upon satisfaction as to the validity of the Buyer’s claim by our suppliers, the invoice for the replacement part will be cancelled by issue of a Credit Note.
(ii) Restock able unwanted goods ordered by the Buyer and supplied by the Seller, substantially in accordance with the Buyer’s instructions will be subject to a restocking charge equal to 25% of the invoiced value of the goods, providing they are subsequently returned to us in the condition as supplied and accompanied by details of the Seller’s sales invoice on which they were purchased, within 30 days of the date of dispatch. Any request to return restock able goods beyond 30 days of dispatch will not be accepted.
(iii) Electrical goods, precision goods, special order or non-stock able items ordered by the Buyer and supplied by the Seller substantially in accordance with the Buyer’s instructions, cannot be returned to the Seller for Credit. Such goods can only be received by the Seller if accompanied by the guarantee claim.
(iv) The Buyer will be responsible for ensuring goods are returned to us in the condition dispatched and also for any costs or charges incurred when returning goods to our Cradley Heath store.
- Unless otherwise expressly agreed the Buyer shall be obliged to take delivery of the goods when the Seller is ready to deliver. Where the Buyer does not accept delivery or where delivery is delayed at the Buyer’s request, the Seller shall have the right to store the goods at the Buyer’s expense and risk until dispatch or collection. If six months have elapsed after the date on which the goods have been notified as ready for dispatch or collection and the instructions for the disposal have not been received then without prejudice to any other right or remedy that the Sellers may have at law or equity the Seller shall be entitled to sell or dispose of the goods whether paid for or not in any reasonable manner and to apply any proceeds of such sale or disposal in reduction of the Sellers claims against the Buyer whether for the price or otherwise and the Buyer shall be deemed to have given the Seller’s irrevocable authority to do so.
- In accordance with any claims for problems upon delivery:
(a) Where the Seller fails to deliver the goods or make late or short delivery, the Seller shall not be liable to the Buyer for loss of profit or other loss or consequential loss whatsoever.
(b) Where the Seller makes delivery of any consignment of or instalment of goods which are defective or otherwise not in accordance with the contract then without prejudice to the operation of any other of these conditions the liability of the Seller to the Buyer in damages shall be limited to and not exceed such sum as shall represent the price of the goods comprised in the instalment or consignment in respect of which default has been made.
- The Seller shall have the right to withhold or defer delivery of goods ordered in the event of the Buyer’s account for any goods supplied by the Seller being overdue or in the event of the Buyer, being a body corporate passing a resolution or suffering and order of the Court to be made for winding up or if a receiver shall be appointed, or being an individual or firm shall suspend payment propose or enter into a composition or arrangement with his or her creditors or have a receiving order in bankruptcy made against him or them.
- (i) The property and ownership in the goods shall remain in the Seller and shall not pass to the Buyer until full payment of the price (and where instalment payments are agreed or allowed of the final instalment thereof) has been made
(ii)The risk in the goods shall pass to the Buyer at the time of dispatch or at such earlier time as the Seller shall have notified the buyer that goods are ready for delivery or collection.
(iii) For so long as any goods of which the price has not been paid shall be in the physical possession, custody or control of the Buyer and until the final payment of the Price the Buyer shall stand insured in their full value against all normal risks
(iv) If before the full price of goods has been paid the Buyer being in possession or control thereof effects any such sale or disposition thereof which confers any right or title in or against the goods or any third party the Buyer shall until the full price of the goods have been paid stand possession of the proceeds of such sale or disposition of any right to receive the same as trustee for the Sellers to apply the same in satisfaction of the price.
(v) Where agreement or otherwise delivery is made by instalments the provision of this condition shall apply to each instalment as a separate contract.
- In the event of any payment not being made within the time specified then the outstanding amount shall carry interest at the rate of 8 per cent over the Barclays Bank Limited base rate for the time being in force to be calculated from date where payment was due.
- All packing material is returnable to the Seller at the expense of the Buyer upon consent or request being given by the Seller for re-use or disposal. The Buyer is responsible for the safe and proper disposal of any unwanted packing material.
- The performance of all contracts is subject to variation or cancellation by the Seller owing to any Act of God, war, strikes, Government regulations or orders, national emergencies, lock-outs, fire, flood, drought, tempest or any other cause whatsoever (whether or not of a like nature) beyond the control of the Seller or owing to any inability of the Sellers to procure materials or articles required for the performance of the contract and the Seller shall not be held responsible for any inability to supply caused by such contingency.
- These conditions and all orders and contract shall in all respects be construed in accordance with and governed by English Law and any disputes arising therefrom shall be determined in the Courts of England or shall be referred to a single arbitrator, if mutually agreed, in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment thereof.