2.1 These Terms and
Conditions shall apply to all contracts for the sale of Goods by the Seller to
the Buyer and shall prevail over any other documentation or communication from
the Buyer.
2.2 All orders for
Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to
these Terms and Conditions and are subject to acceptance by the Seller. The
Seller may choose not to accept an order for any reason.
2.3 Acceptance of
delivery of the Goods shall be deemed conclusive evidence of the Buyer's
acceptance of these Terms and Conditions.
2.4 Any variation to
these Terms and Conditions shall be inapplicable unless agreed in writing by the
Seller.
2.5 Nothing in these
Terms and Conditions shall affect the Buyer's statutory rights as a
Consumer.
3 PRICE AND
PAYMENT
3.1 The price of the
Goods shall be that stipulated in the Seller's current List Price/on the
Seller's website/as contained in the Seller's Quotation (as applicable) at the
date of order or as agreed between the parties. The price is inclusive of VAT
and exclusive of any delivery charges.
3.2 Payment of the
total purchase price (including VAT and any delivery charges) must be made in
full before dispatch of the Goods.
4 DELIVERY
4.1 Delivery of the
Goods shall be made by the Seller notifying the Buyer that the Goods are
available for collection at the Seller's premises or for delivery to such place
and on such terms as agreed between the Seller and the Buyer at the time the
order is placed.
4.2 All Goods, wherever
possible, will be delivered within 5 days of the order being placed and the
Buyer shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
4.3 The Seller shall
use its reasonable endeavours to meet any date stated for delivery. In any event
time of delivery shall not be of the essence and the Seller shall not be liable
for any losses, costs, damages or expenses incurred by the Buyer or any third
party arising directly or indirectly out of any failure to meet any estimated
delivery date.
4.4 Some Goods may not
be in stock at the time the order is placed. In the event that the Seller is
unable to deliver the Goods within the time specified in Clause 4.2, the Seller
will contact the Buyer to advise of the situation and the Buyer shall be
entitled to cancel the order and receive a full refund or agree a later delivery
date.
4.5 Title and risk in
the Goods shall pass to the Buyer upon delivery of the Goods.
5 WARRANTY
The Seller warrants
that the Goods will at the time of delivery correspond to the description given
by the Seller.
6 CANCELLATION AND
RETURNS
6.1 The Buyer shall
inspect the Goods immediately upon receipt and shall notify the Seller within 14
days of delivery if the Goods are damaged or do not comply with any of the
Contract.
6.2 Where a claim of
defect or damage is made then it shall be the responsibility of the Seller to
collect faulty Goods if the items are large, otherwise the Goods shall be
returned by the Buyer to the Seller and the Buyer shall be entitled to
replacement Goods or a full refund (including delivery costs, if applicable)
plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be
returned must clearly show the order number obtained from the Seller on the
package.
6.4 Where returned
Goods are found to be damaged due to the Buyer's fault the Buyer will be liable
for the cost of remedying such damage.
6.5 Where Goods are
purchased via the internet, by mail order or by phone or fax, the Buyer has the
right, in addition to any other rights, to cancel the Goods and receive a refund
by informing the Seller in writing or by email within 7 working days of receipt
of the Goods. Goods must be returned at the Buyer's cost and should be
adequately insured during the return journey. The Buyer shall receive a refund
of all monies paid for the Goods (including delivery charges, if any) except for
return postal charges within 30 days of cancellation.
7 GUARANTEES
In addition to the
Buyer's statutory rights, the Seller guarantees all Goods against faulty
workmanship and materials for a period of 1 year from the date of
delivery.
8 LIMITATION OF
LIABILITY
8.1 Nothing in these
Terms and Conditions shall exclude or limit the liability of the Seller for
death or personal injury, however the Seller shall not be liable for any direct
loss or damage suffered by the Buyer howsoever caused, as a result of any
negligence, breach of contract or otherwise in excess of the price of the
Goods.
8.2 The Seller shall
not be liable under any circumstances to the Buyer or any third party for any
indirect or consequential loss of profit, consequential or other economic loss
suffered by the Buyer howsoever caused, as a result of any negligence, breach of
contract, misrepresentation or otherwise.
9 FORCE
MAJEURE
Neither party shall be
liable for any delay or failure to perform any of its obligations if the delay
or failure results from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs, accidents, war,
fire, breakdown of plant or machinery or shortage or unavailability of raw
materials from a natural source of supply, and the party shall be entitled to a
reasonable extension of its obligations.
10 SEVERANCE
If any term or
provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid, illegal or unenforceable provision
eliminated.