Terms & Conditions
Key terms & conditions of sale
Our Key Terms and Conditions of Sale are set out below. We strongly recommend that you read the full set of terms and conditions before placing an order with us. Should you have any questions, or have difficulty in obtaining the full set of terms and conditions, please contact us as soon as possible, and in any event, before placing an order.
1.1 These Conditions are at the exclusion of any other terms that the Customer seeks to impose. The Customer is responsible for ensuring that the Order is complete and accurate. The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order.
1.2 Any samples, photos, descriptions or advertising produced by the Company are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract.
1.3 Any dates quoted for delivery are approximate only - the Seller shall not be liable for any delays in delivery caused by a Force Majeure Event or failure to provide the adequate delivery instructions. The Company shall not be liable for any claims to any delays in delivery. Time for delivery shall not be of the essence of the Contract.
1.4 The Company guarantees that for a period of 12 months from the date of delivery the Products shall conform to their description, be of satisfactory quality (as per the Sale of Goods Act 1979) and be free from material defects in design, material and workmanship.
1.5 Subject to point 1.6, if the Products do not comply with the warranty the Customer must notify the Company in writing. The Company shall be given a reasonable opportunity of examining the Products and may ask the Customer to return the Products to the Company's place of business. On receipt, the Company shall, at its option, repair or replace the defective Products, or refund the price paid.
1.6 The Company shall not be liable for the Products' failure to comply with the warranty if:
1.6.1 The Customer fails to follow instructions for the storage, use and maintenance of the Products or good trade practice
1.6.2 the Customer alters or repairs the Products without the consent of the Company;
1.6.3 the defect arises as a result of fair wear and tear, wilful damage, negligence, accidental damage or abnormal storage or use of the Products by the Customer or by any third party.
1.7 If the Customer notifies the Company that they are unhappy with the Products for any reason they may return the Products within 14 calendar days of receipt of the Products, in the same condition as the Products were delivered to the Customer. The Customer is responsible for returning the item to the Company at their expense - the maximum return cost for tracked delivery is estimated to be a maximum £15 per box (based on the Company's largest box size). The Company will arrange for a refund of the price paid for the Products on receipt (minus any premium delivery service options selected at checkout).
1.8 The risk in the Products shall pass to the Customer on completion of delivery. Title to the Products shall not pass to the Customer until the Company has received payment in full (in cash or cleared funds) for the Products.
1.9 The price of the Products shall be the price set out in the Order, or, if no price is quoted, the price set out in the Company's published price list in force as at the date of delivery. The Company may, by giving notice to the Customer at any time before delivery, increase the price of the Products to reflect any increase in the cost of the Products.
1.10 The price of the Products is exclusive of VAT.
1.11 The Customer shall pay the full amount invoiced to it by the Company upfront on a pro forma basis, unless another payment basis has been agreed.
1.12 The Customer shall pay the invoice in full and cleared funds within 30 calendar days of the date of the invoice. Payment shall be made to the bank account nominated in writing by the Company.
1.13 If the Customer fails to make any payment due to the Company by the due date then, the Customer shall pay interest on the overdue amount at the rate of 4% per annum. Interest shall accrue on a daily basis.
1.14 The Customer acknowledges that all Intellectual Property Rights used or subsisting in the Products are and shall remain the sole property of the Company. The Customer shall not at any time make any unauthorised use of such Intellectual Property Rights, nor authorise any other person to do so.
1.15 If the Customer becomes subject to any insolvency or bankruptcy events, then the Company may cancel or suspend all further deliveries under the Contract and all outstanding sums in respect of any Products delivered to the Customer shall become immediately due.
1.16 Nothing in these Conditions shall limit or exclude the Company's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation; breach of the terms of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or any way in which it would be unlawful for the Company to exclude or restrict liability.
1.17 Subject to clause 1.16: the Company shall under no circumstances whatever be liable to the Customer, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract. The Company's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, shall in no circumstances exceed the purchase price of the Products.
1.18 The Company shall not be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.
1.19 The provisions of this Clause 1.19 shall take effect where the Customer is, and throughout the duration of the Contract remains, a public body.
1.20 The Company acknowledges that the Customer may be subject to the requirements of the Freedom of Information Act 2000 (the "Act") and the Environment Information Regulations 2004 (the "Regulations") and agrees to use its reasonable endeavours to cooperate with the Customer to enable the Customer to comply with these information disclosure requirements if, and to the extent that, the Customer notifies the Company of such requirements.
1.21 The Company acknowledges that the Customer has legal responsibilities to allow re-use of public sector information in accordance with the Re-Use of Public Sector Information Regulations 2005.
1.22 The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.
1.23 Any notice or other communication given to a party under or in connection with the Contract shall be in writing.
1.24 If any court or competent authority finds that any provision of the Contract is invalid that provision is deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
1.25 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
1.26 A person who is not a party to the Contract shall not have any rights under it.
1.27 The Contract, shall be governed by English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.