These are the terms and conditions referred to in your order (‘Order’) for Us to supply You with (‘Goods’) & (‘Services’).
They describe the terms on which We will supply the Services to You. It is important that you read these terms and conditions carefully and understand them before signing up with us online or otherwise. Please note that by ordering any of our goods or services or both you are bound by the terms and conditions.
Interpretation
‘We’/‘Us’ – The Supplier of Goods and Services
‘You’ / ‘Your’ – The Customer
1.1. The Order is your offer to buy the Goods or Services from Us on these Conditions, and You must make sure that the Order (and any specification that forms part of your Order) is correct.
2.1. The Goods are described in our specification attached to your order.
2.2. We are allowed to change any of our specifications, or any specification that You have supplied, if this is necessary to comply with any regulations.
We try to ensure that the stock information on our website is updated regularly. However, if you order online and the item is out of stock, we will email you with the availability of the item. At this point, you can wish to cancel the order or wait until the item is re-stocked.
You may incur cancellation fees based on the type of goods/services being cancelled.
3.1. We will give You a delivery note with each delivery of Goods. It will state the Order date, the Order reference number, the type and quantity of Goods, the storage instructions.
3.2. With some Goods, We collect the packaging materials from You at our expense after delivery. In this case, We will explain the package collection arrangements on the delivery note, and You must follow them.
3.3. Delivery dates are approximate, and time of delivery is not of the essence.
3.4. [We will deliver the Goods to/You will collect the Goods from] the location as agreed in advance by both the parties anytime after We send You a Notice that they are ready. Delivery will be completed when the Goods are [Delivered/collected].
3.5. If You do not [take/accept] delivery of the Goods within 10 days of our Notice date, delivery will be completed at 4:00 pm on the next day after the Notice date. We will then store the Goods and charge You for all storage and related costs (including insurance) until delivery actually takes place. If You have still not taken delivery after 5 days, We are allowed to sell the Goods (or some of them), in which case We will pay You any excess of the sale price over the price You owe Us (less our storage and selling costs). If the sale price is below the price You owe Us, We will charge You for the shortfall.
3.6. We are allowed to deliver the Goods in instalments. If We do this, each instalment will make up a separate contract with its own invoice and payment arrangements. If an instalment is delayed, You may not cancel other instalments because of the delay.
The goods delivered to you can be returned to us within 7 days of delivery in its original, sealed packaging in a re-saleable condition. A re-stocking fee of 15% applies which would be deducted and the remaining amount would be refunded to you post the receipt of goods. The shipping cost for returns is Your responsibility.
Any goods that have been opened cannot be returned or refunded.
5.1. We want You to be satisfied with the quality of the Goods and so We offer You the following warranty for 12 months from the delivery date:
5.1.1. the Goods are the same in all material respects as their description;
5.1.2. the Goods are free from material defects;
5.1.3. the Goods are of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
5.1.4. the Goods are fit for any purpose that We have specified.
5.2. If You discover that some or all of the Goods do not meet our warranty standards, We will either repair or replace them, or refund You the price of the defective Goods. This will only apply, however, if You have done the following:
5.2.1. given Us Notice of the defect during our warranty period and within 5 days of discovering it;
5.2.2. given Us a reasonable opportunity of examining the Goods, and
5.2.3. returned the Goods to Us at [our/your] premises if requested.
5.3. Our warranty does not apply if:
5.3.1. You continue to use the Goods after You have given Us Notice of a defect;
5.3.2. the defect has arisen because You have failed to follow any written or oral instructions on the use, storage, installation, or maintenance of the Goods;
5.3.3. the defect arises because We followed your instructions, specifications, drawing or design;
5.3.4. You alter or repair the Goods without previously getting our written consent;
5.3.5. the defect is a result of fair wear and tear, negligence, abnormal storage or working conditions, or wilful damage;
5.3.6. changes have been made to the Goods to comply with applicable regulations.
5.4. Our warranty only applies on the terms of this clause, but it also applies on the same terms to any repaired or replacement Goods that We supply.
5.5. Testing and repairs can be carried out by our engineers within the warranty period. The shipping of goods to Us is Your responsibility.
6.1. Risk in the Goods passes to You on completion of delivery. (Completion of delivery is explained in clause 3. You should make sure that You insure the Goods from this time onwards.
6.2. Title in the Goods (which means full ownership of them) passes when You have paid Us for them in full. Until the title passes, We will still own the Goods and You must treat them as follows:
6.2.1. store them separately from other goods so that they can be clearly identified as our property;
6.2.2. keep them in good condition and insure them against all risks at their full price from the delivery date. You must make sure that our interest in the Goods is noted on the policy. If You receive any insurance money for the Goods, You must hold it for Us separately and not mix it with any other money;
6.2.3. do not remove or obscure any identifying mark or packaging;
6.2.4. give Us any information about the Goods that We ask for.
You will be holding the Goods for Us, but You are allowed to resell them in the ordinary course of business.
6.3. If anything listed in clause 5 happens, or We think it is reasonably likely to happen, before our title to the Goods has passed to You, We will want to protect our title and the Goods themselves. You must notify Us of such circumstances immediately, but in any event We may ask You to deliver up the Goods to Us; if You fail to do this straightaway, We will have the right to enter your premises and recover the Goods, or to enter premises owned by anyone who is storing the Goods and remove them. We will not have this right of entry, however, if You have sold the Goods or incorporated them into another product so that they can’t be separated.
6.4. This clause 6 will continue even after the rest of the Contract comes to an end.
7.1. The price of the Goods is stated in our acceptance of your Order. It is exclusive of VAT, packaging, insurance and transport costs for which We will invoice You.
7.2. We are allowed to increase the price, by giving You a Notice of increase before We deliver the Goods, to take into account any of the following:
7.2.1. factors beyond our control (examples include tax changes, foreign exchange fluctuations, increases in the costs of labour, manufacturing, and/or materials etc);
7.2.2. changes in delivery dates, or quantities, types, or specifications of Goods that You have asked for;
7.2.3. delay caused by You, or your supplying Us with inadequate or inaccurate instructions.
7.4. It is essential to have atleast one valid card authorized on their account at all times. If card isn’t your primary payment method, then we reserve the right to collect payments via the card incase of a failed direct debit or any outstanding debts that affect the credit limit of the account.
7.5. If any of the pre-authorized payments fail, all the payments due must be paid within 10 days of due date.
7.6. Failure to make a payment and re-instate the direct debit would lead to immediate suspension of services.
7.7. If You fail to pay on time, We may charge You interest at 4% per year above Barclays Bank’s base rate accrued daily from the due date until You pay Us, and this rate applies before or after any court judgment in our favour on the debt. The interest will be earned daily and You must pay it all with the overdue amount.
7.8. We shall be entitled to recover any amounts owed by You as debts and any costs incurred by us agency or legal would be passed onto You over and above your existing debts.
7.9. You are not allowed to hold back any payment due to Us as a set-off or credit or counterclaim unless the law allows it. However, We may set off any amount You owe Us against any amount We owe You.
7.10. In case of the cancellation of direct debit by You under any circumstances will be considered as formal cancellation of the contract and would be liable for immediate termination of the services provided. We shall not be liable for any loss or damage caused due to any such action undertaken by the client.
7.11. Any numbers assigned to you would be available on your account after suspension for 10 days. If the account is not re-instated or in case of debts, the account will be terminated after 10 working days of suspension notice and you will lose any numbers associated with youraccount. You will however still be obliged to repay your debts as outlined in clause 8.6 – 8.8
8.1. The Agreement shall come into force on the agreed Commencement Date and shall continue for a defined Term from that date
8.2. Either Party shall have the right, subject to the agreement and consent of the other Party and exercisable by giving not less than 30 days written notice to the other at any time prior to the expiry of the Term specified inthe Agreement (or any further period for which the Agreement is extended) to extend the Agreement for a further period of 30 days.
8.3. Either Party may terminate the Agreement by giving to the other not less than 30 days written notice, to expire on or at any time after the minimum term of the Agreement (which shall be defined in the Agreement).
8.4. Either Party may immediately terminate the Agreement by giving written notice to the other Party if:
8.4.1. any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within 10 Business Days of the due date for payment;
8.4.2. the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within 10 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
8.4.3. an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
8.4.4. the other Party makes any voluntary arrangement with its creditors or,
being a company, becomes subject to an administration order (within the
meaning of the Insolvency Act 1986);
8.4.5. the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the
purposes of bona fide amalgamation or re-construction and in such a
manner that the company resulting there from effectively agrees to be
bound by or assume the obligations imposed on that other Party under the
Agreement);
8.4.6. anything analogous to any of the foregoing under the law of any
jurisdiction occurs in relation to the other Party;
8.4.7. the other Party ceases, or threatens to cease, to carry on business; or
8.4.8. control of the other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement
8.5. The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach
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