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1.2 The headings in these Conditions are for convenience only and are not for the purpose of interpretation.

3.4. The Purchaser shall be responsible for and shall indemnify the Company against any direct, indirect or consequential loss, and any costs, claims, demands, liability or actions arising in connection with the fitness for purpose or installation of the Goods in any other equipment, product or application, howsoever applied by the Purchaser.

 

• 4.1. To order Goods the Purchaser must follow the ordering procedure set out on this website in our Online Shop.

• 4.2. Prices, descriptions or quotations issued by the Company are invitations to treat and are subject to confirmation by the Company. The Company reserves the right to refuse any order. Whilst the Company endeavours to ensure that details given on its website are accurate it reserves the right to correct any errors. Subject to clause 4.5 below the price of any Goods is the price specified by the Company at the time the order is accepted. If this differs from the price displayed in the Purchaser’s order the Company will notify the Purchaser and the Purchaser may cancel its order or pay the correct price as specified by the Company.

• 4.3. No order shall be binding on the Company unless and until such order is accepted by the Company sending an e-mail and/or other written communication to the Purchaser specifically confirming that the order is accepted by the Company.

• 4.4. Except as provided in clause 10.1 Contracts cannot be varied or cancelled by the Purchaser except with the prior written consent of the Company and then only on terms which fully indemnify the Company against any loss, costs, liabilities and expenses incurred by the Company directly or indirectly by the variation or cancellation. The Company’s consent may only be given by a director of the Company.

• 4.5. Representations concerning the Goods made by the Company’s employees and agents are not valid unless confirmed by the Company in writing or on this website. The Purchaser acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed. The Company tries to describe and illustrate accurately products that are referred to but there may be minor deviations to these descriptions and illustrations.

• 4.6. Any typographical or clerical error or omission on this website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by the Company shall be subject to correction without any liability on the part of the Company.

• 4.7. The Company shall not be liable for any advice or recommendation given by it or its employees or agents to the Purchaser or its employees or agents as to the storage, application or use of the Goods. The same is followed or acted upon entirely at the Purchaser’s own risk.

• 4.8. Prior to delivery to the Purchaser, the Company reserves the right to modify any of the Goods at any time without prior notice to the Purchaser. In the event of a change being made to the Goods, the Company shall endeavour to notify the Purchaser as soon as practicable .

• 4.9. Goods offered “ ex stock “ are subject to prior sales.

• 4.10. The Company shall be entitled to disclose details of the Purchaser and orders placed by the Purchaser to the Company’s suppliers.

• 4.11. The Purchaser confirms that all details provided by it to the Company are accurate and that credit or debit cards whose details are given by the Purchaser to the Company do belong to the Purchaser. Without prejudice to any other rights it may have the Company reserves the right to obtain validation of the Purchaser’s credit or debit card details before supplying any Goods.

• 5.1. All prices (unless expressly so stated) exclude VAT or other sales tax, which the Purchaser shall also pay to the Company.

• 5.2. The Company reserves the right to increase the price of the Goods between the date of acceptance of an order and final delivery of the Goods if such a course is necessary due to any factor beyond the Company’s control (including, but not limited to, any foreign exchange fluctuation, currency regulation, alteration of duties, increase in the cost of labour, materials or the cost of supply, or any change in delivery dates, qualities, quantities or specification of the Goods required by the Purchaser or failure of the Purchaser to give the Company adequate information or instructions).

• 6.1. Unless otherwise specified by the Company, the Company will deliver the Goods to the Purchaser’s premises specified in the order provided that such premises are situated in the UK. The delivery charges for the UK deliveries are indicated on this website and are subject to change from time to time. If the Company agrees to deliver Goods to premises outside the UK the Purchaser agrees to pay the delivery and other charges indicated to it by the Company.

• 6.2. The Company is reliant upon its suppliers and, therefore, any times stated for delivery are estimates only and time shall not be of the essence of the Contract unless a director of the Company specifically so agrees in writing. If the Company is, for any reason whatsoever, unable to deliver within the time specified, or at all, the Company will notify the Purchaser as soon as is practicable but the Company shall not be liable for any direct, indirect or consequential loss (which includes without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or any non-delivery of the Goods (even if caused by the Company’s negligence), nor will any delay in delivery entitle the Purchaser to terminate or rescind the Contract.

• 6.4. When it is necessary for the Purchaser to supply any containers, packaging, labels, identifications or particulars in respect of the Goods or do any other act to enable the Company to effect delivery of the Goods, the Purchaser must furnish or perform these within such time as is reasonably necessary to enable the Company to deliver the Goods in accordance with the Contract.

• 6.5. Where the Goods are to be delivered by instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the Contract as a whole as repudiated.

• 6.6. If the Contract is an International Supply Contract it shall be deemed to incorporate the latest edition of Incoterms current at the date of the Contract save that in the event of any inconsistency between Incoterms and any express term of the contract the latter shall prevail. The Company shall be under no obligation to give the Purchaser the notice specified in section 32(3) of the Sale of Goods Act 1979.

• 6.7. The Purchaser shall be responsible for ensuring that the import of Goods into any country does not breach any relevant legislation. The Purchaser will be responsible for any import duties and other taxes and payments relating to import and/or export of the Goods.

• 7.7. Any payment to be made by the Purchaser to the Company shall be made in full without any set off or deduction therefrom or any counterclaim or claim to a lien thereover howsoever the same may arise.

• 8.1. Subject to clause 6.3 and save in the case of International Supply Contracts risk in the Goods shall pass to the Purchaser immediately on delivery to the Purchaser or to Purchaser’s agent or carrier.

• 9.1. Complaints regarding alleged damaged or defective Goods should be addressed to The General Manager with full details of the Goods, the order number and the alleged damage or defect. Where the Company agrees to deliver the Goods to the Purchaser’s premises the Company will have no liability for damage in transit, shortage of delivery or loss of Goods unless the Purchaser shall have given to the Company written notice of such damage, shortage or loss with reasonable particulars thereof within 3 days of receipt of the Goods or (in the case of total loss) within seven days from the day notified by the Company to the Purchaser as being the day that the Goods or the relevant consignment thereof were due to arrive. The Company’s liability, if any, shall be limited to replacing or (in its discretion) repairing such Goods and it shall be a condition precedent to any such liability that the Customer shall if so requested return any damaged goods to the Customer for inspection within 14 days of such request.

• 9.3. Where the Company repairs or resupplies Goods under clause 9.2.1 any Goods or components so resupplied shall have only the unexpired portion of the Warranty Period given on the original purchase of the Goods which have been repaired or resupplied and the Company shall have no other liability for any defects or failure in replacement Goods or components (subject to the provisions of clauses 9.13, 9.15 and 9.18).

• 9.4. If the Company in its discretion replaces Goods or components after the expiry of the Warranty Period then such replacements carry no warranty, and the Company shall have no liability for any defects or failure of the same (subject to the provisions of clauses 9.13, 9.15 and 9.18).

• 9.5. Notwithstanding the provisions in clause 9.2.1 the Company shall have no liability for

• 9.6. The Purchaser shall be solely responsible for the installation and the application of the Goods to any use and the consequences thereof and the fitness for purpose thereof and for ensuring that the application of the Goods is within their capability.

• 9.7. Notwithstanding the provisions of clause 9.2.1 the Company does not warrant the effects arising out of the installation of the Goods in any application nor the effect of the fitment in or to the Goods of any spare parts or components. It shall be the Purchaser’s sole responsibility to ensure that the Goods are fit for the purpose for which they are intended and the Company does not make any warranties or representations in this respect.

• 9.8. Notwithstanding the provisions of clause 9.2.1 the Company shall not be liable for any defects or claims arising out of the storage, use or application of the Goods.

• 9.9. Where the Company agrees to repair or replace Goods in accordance with the foregoing provisions of this clause 9 or otherwise any time specified for delivery under the Contract shall be extended for such period as the Company may reasonably require.

• 9.10. The Purchaser must notify the Company in writing within 14 days of becoming aware of any defect or failure in the Goods arising under clause 9.2.1 and, if so requested by the Company, immediately return such Goods to the Company. The Company will refund to the Purchaser the reasonable cost of returning the Goods if such Goods prove to be defective.

• 9.11. In the event of any error in any weight, dimension, capacity, performance or other description which has formed a representation or is part of a contract the Company’s liability in respect of any loss or damage sustained by the Customer as a result of such error shall not exceed the price of the Goods in respect of which the description is incorrect;

• 9.12. With the exception of section 12 of the Sale of Goods Act 1979, and except where the Purchaser is a Consumer, all conditions, warranties and other terms express or implied, statutory or otherwise, are expressly excluded, save insofar as contained herein or as otherwise expressly agreed by the Company in writing provided that if and insofar as any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the contract any term or shall have made unenforceable any attempt to exclude any such term, the foregoing provisions of this clause will not apply to any such term.

• 9.13. Nothing in these Conditions shall exclude or restrict any liability that the Company may have by virtue of the Consumer Protection Act 1987.

• 9.14. In the event of any negligence or wilful default on the part of the Company, its servants or agents in or in connection with the supply of any Goods or the design or manufacture thereof or in the carrying out of any work the Company shall have no liability to the Purchaser save as expressly provided in these Conditions.

• 9.16. Notwithstanding any other provision of these Conditions (except for clause 9.18) the Company shall not be liable to the Purchaser for any loss of profit, pure economic loss, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any Contract.

• 9.17. In any event the Company’s aggregate liability in contract, tort (including but not limited to negligence), or breach of statutory or otherwise arising in connection with the performance or contemplated performance of any Contract shall not exceed a sum equal to the invoice price of the Goods under that Contract, but subject to the provisions of clauses 9.15 and 9.18.

• 9.18. Nothing in these terms and conditions shall affect the statutory rights of a Consumer.

• 10.1. Save where the Goods have been produced to the Purchaser’s specification, if the Purchaser is a Consumer he/she may cancel the Contract within 8 working days of delivery without giving any reason, and return the Goods to the Company. To exercise this right the Purchaser must notify the Company in writing (including e-mail) within 8 working days of delivery. Subject to clause 10.2 The Purchaser must return the Goods to the Company at the Purchaser’s own cost and in good and saleable condition. The Company will refund the Purchaser’s payment within 30 days. A 10% re-stocking fee will be applied to all orders returned.
  

• 10.2. The Purchaser will not be responsible for the cost of returning Goods under clause 10.1 if the Goods are not those ordered by the Purchaser.

• 10.3. Unless Goods are returned under the provisions of clause 10.1 above the Purchaser is not entitled to return Goods except as specified in clauses 9.1 or 9.10 but without prejudice to clauses 9.13 and 9.18.

• 11.1. The Company shall be relieved of its obligations under any Contract to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence wholly or partially by any cause beyond the Company’s control including, but not limited to, Act of God, act of government (including the enactment of laws or regulations or insurance of judicial or administrative injunctions or orders, war, invasion, act of foreign enemy, hostilities (whether war has been declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or any such event or by any statute rules regulations order or requisitions issued by any government, council or duly constituted authority or from strikes, lock outs, failure by the Company’s suppliers, breakdown of plant, shortage of labour, materials or transportation, or any curtailment of production due to economic conditions, or any discontinuation of manufacture by the Original Suppliers.

• 12.1. The Purchaser and any other user of this website may not use the name, logo or any other trademarks of the Company or of the Original Supplier or of the Company’s licensors in any external documentation, advertising or other promotional materials or otherwise except with the prior written approval of the Company.

• 12.2. All intellectual property rights in the Goods are the property of the Original Supplier or of the Company. The Purchaser shall not disclose the same to any third party (other than necessarily in the ordinary course of business) without the prior written consent of the Company. The Purchaser shall immediately refer to the Company any complaint or allegation by a third party concerning the intellectual property rights in the Goods and shall permit the same to be conducted by or on behalf of the Company or the Original Supplier.

• 13.1. This website is operated by the Company from the UK. The Company may update and/or amend this website (including but not limited to these Conditions) at any time and users should therefore check this website from time to time to make themselves aware of the then current conditions.

• 13.2. Unless otherwise stated, the copyright and all other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by the Company or its licensors. Any use of extracts from this website other than in accordance with clause 13.3 for any purpose is prohibited.

• 13.4. Subject to clause 13.3 no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s written permission.

• 13.5. The Company will have no liability if for any reason this website is unavailable at any time or for any period.

• 13.6. The Company accepts no liability for any direct, indirect or consequential loss or damage (subject to clause 9 above in respect of defective Goods) arising out of or in connection with the use, inability to use or the results of use of this website, including but not limited to loss or damage due to hostile software.

• 14.1. Other than personal data (as defined by the Data Protection Act 1998), which is covered under the Privacy Policy, any material which any user transmits or posts to this website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material unless expressly accepted on this website. Please read the Company’s Privacy Policy for details of how the Company will use personal information.

• 14.3. Users must not misuse this website (including, without limitation, by hacking).

• 15.1. Links to third party websites on this website are provided only for the convenience of users of this website. If they are used then users leave this website. The Company does not control these third party websites and is not responsible for them or their content. The Company therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If users decide to access any of them, they do so entirely at their own risk.

• 16.1. Any condition hereof that is found to be invalid or unenforceable in whole or in part for any reason, shall whenever allowed by the context, be deemed replaced by such valid and enforceable clause, condition or provision (if any) whose contents are as close as permissible to those of the invalid or unenforceable clause, condition or provision. If such replacement is not possible, the offending condition or part thereof shall be severed herefrom and such severance shall not otherwise affect or be deemed to affect the remainder (if any) of such condition or otherwise of any remaining clauses of these Conditions.

• 16.2. Any waiver, forbearance or failure by the Company in insisting upon the performance of these Conditions shall not be construed as a waiver or relinquishment of the Company’s right to future performance of such condition and the Purchaser’s obligation in respect of such future performance shall continue in full force and effect.

• 16.3. These Conditions and any Contract shall be governed by and construed under English Law and the Company and the Purchaser submit to the non- exclusive jurisdiction of English Courts in respect of all matters hereunder.

• 16.4. No term of any Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it save by the Original Suppliers under the provisions of clause 12.