Terms & Conditions

/Terms & Conditions
Terms & Conditions 2016-11-14T11:15:35+00:00

Terms & Conditions

  1. We will sell or supply and you will purchase the Goods or pay for services subject to these conditions. These conditions set out the entire agreement between you and us, save for any variations agreed in writing by us and attached hereto.
  2. The Goods or services means the goods and/or services that we have agreed to supply you (including equipment, installation and any other preparatory or ancillary work).
  3. No order for the supply of goods or services can be deemed accepted by you until confirmed by us in writing.
  4. You are responsible for ensuring that your order for the supply of goods or services is accurate and for providing us with such information, as we require for completing the order.
  5. All rights expressly reserved or granted to us by these Conditions shall be without prejudice to any other rights, which we may have from time to time.
  6. These Conditions shall apply to all contracts for the sale of Goods or provision of services by us to you to the exclusion of all other terms and conditions, including any terms or conditions which you may purport to apply under any purchase order, and no variation of these conditions shall be binding unless agreed in writing by us and attached hereto.
  7. If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, you shall indemnify us against all loss, damages, costs and expenses incurred by us in connection with settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification, We reserve the right to make changes in the specification of the Goods which are required to conform to any applicable statutory or EU requirements.
  8. If the signing-off of our installation is dependent on a third party (e,g, local authorities, standards authorities), you must inform us upon placing your order as subsequent notification will affect the delivery date, installation date and price.
  9. No claim for damage in transit, shortage of delivery or loss of Goods shall be accepted by us unless:
    1. In respect of damage in transit or short delivery, you give notice to us within three days of receipt of the Goods, and within five days thereof send a complete claim in writing to us; and
    2. In respect of loss of Goods you give notice to us in writing, and within ten days of the date of consignment of the Goods send a complete claim in writing to us.
    3. Any written claim shall state the advice note number, condition of package, date consignment received and extent of damage or shortage.
  10. You shall make all arrangements to take delivery of the Goods whenever they are available for delivery (including outside normal business hours), you must ensure that an authorised representative is present at the time of delivery in order to ensure access and take delivery.
  11. Where the Goods are to be delivered by instalments, each instalment shall constitute a separate contract into which these Conditions shall be incorporated, failure by us to deliver any instalment shall not entitle you to treat these Conditions as repudiated.
  12. Any dates quoted for delivery of Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused, Time for delivery shall not be of the essence unless previously agreed in writing by us.
  13. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice, and may also deliver at a date earlier than the proposed installation date, You must advise us at the time of placing your order if this is not acceptable as subsequent variations will affect the delivery date, installation date and price.
  14. If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
  15. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery, then we reserve the right to:
    1. Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; and/or
    2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the agreed price, or charge you for any shortfall below the agreed price.
  16. You must ensure that an authorised representative is present at the time of installation or any preparatory work being carried out in order to ensure access to the premises and provide confirmation as to design and layout.
  17. We will cordon off the installation area using temporary fencing, If you require specific fencing, you must advise us before the agreed delivery date, The price will be altered accordingly.
  18. Any dates quoted for installation or any preparatory works are approximate only and we shall not be liable for any delay howsoever caused. Time for installation shall not be of the essence unless previously agreed in writing by us, Where we need to change an installation or preparatory work date, we will give you at least 24 hours prior notice, whenever practical.
  19. When installing, you must ensure the installation area is cleared of all fixtures, fittings and equipment prior to our arrival.
  20. Although we shall take reasonable steps to avoid causing damage to floor, surfaces and access routes, we shall not be liable for such damage (unless caused by our negligence or wilful default) when you have given us permission to access such floor, surface or access routes.
  21. The price of the Goods shall be our quoted price, All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by us without giving notice to you. Goods shall be invoiced at the prices prevailing at the time of despatch, All prices are subject to completion of a full site survey.
  22. Any price quoted by us for the Goods shall be deemed to exclude all costs of delivery and any applicable VAT unless otherwise stated. Unless otherwise specified, packing cases and pallets will be charged in addition to the price but will be credited in full on return (carriage paid) and in good condition within one month of delivery.
  23. We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any delay caused by your instructions, any change to those instructions or failure to give us adequate instructions.
  24. If we are unable to deliver or install the Goods on the agreed date due to your default, you will pay us an abortive fee of £200 plus VAT per half-day or £400 plus VAT per full day, We will reschedule your delivery and/or installation, but there will be a consequential delay.
  25. You agree to pay the price of the Goods within 28 days of the date of our invoice, which we shall deliver at any time after delivery of the Goods, unless otherwise agreed by us, Time for payment shall be of the essence.
  26. Payment shall be made without deduction or set-off, and shall be made notwithstanding any delay in obtaining such sign-off of the instalment by any third party.
  27. Where we have agreed special discount, payment or other terms with you, these shall be strictly subject to your compliance with these Conditions, and such terms shall cease and revert to our standard terms upon your non-compliance.
  28. There is a minimum order charge of £800.00 plus VAT.
  29. We shall be entitled to charge interest (calculated pro rata on a daily basis) on overdue accounts from the date payment is due in accordance with the terms of the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) until the date of actual payment.
  30. We shall be entitled to cancel the contract or withhold delivery of the Goods to any customer whose account becomes overdue.
  31. Whilst risk in the Goods shall pass on delivery, legal and beneficial ownership of the Goods shall remain with us until such time as we have received payment in full in respect of all sums owing from you to us.
  32. Payment for all Goods supplied to you shall become due if:
    1. You fail to pay for the Goods on the due date (or fail to pay any instalment, in which case the whole outstanding balance shall immediately become due); or
    2. If you have been declared bankrupt, go into voluntary liquidation or commit any act of bankruptcy or insolvency; Where upon you shall immediately notify us thereof and, in such circumstances, the power of sale granted to you shall automatically determine, you shall not part with possession of any of the Goods which have been delivered to you by us, and we shall have the right to withhold delivery of any undelivered Goods and to stop any Goods in transit.
  33. If payment for any Goods is overdue whether in whole or in part, we reserve the right to enter upon your premises and take possession of the Goods and/or re-sell the Goods or such of them as we deem necessary in order to recover the amount of overdue payment together with any costs incurred by us thereby, For these purposes, you expressly and irrevocably authorise us to enter and take all necessary and reasonable steps upon your premises.
  34. You undertake to comply with the General Product Safety Regulations 1994 to the extent that they apply to the Goods/
  35. You undertake to indemnify us in respect of any and all claims arising from the Goods being unsafe as a result of your activities.
  36. You agree to monitor the safety of the Goods, to pass on any information on the risks of the Goods and to co-operate in any action we may decide to take to avoid those risks.
  37. You acknowledge receipt of our important health and safety notification relating to the installation of the Goods and associated floor markings.
  38. Subject as expressly provided in these Conditions, and except where the Goods are sold to you as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law.
  39. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your statutory rights are not affected by these Conditions.
  40. Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to us within seven days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure but not more than one year after delivery, If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the agreed price as if the Goods had been delivered in accordance with the contract.
  41. Where any valid claim in respect of any of the Goods which is based on any defect in the quantity or condition of the Goods or their failure to meet specification is notified to us in accordance with these Conditions, we shall be entitled to repair or replace the Goods (or the part in question) free of charge or, at our discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
  42. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or compliance with any instruction or consent given by you or on your behalf by an authorised representative, or any implied warranty, condition or other term, or any duty at common law or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and our entire liability under or in connection with the contract shall not exceed 110% of the price of the Goods, except as expressly provided in these Conditions.
  43. We shall make reasonable endeavours to pass on to you the benefit of any guarantees or warranties given by any manufacturers of the Goods.
  44. We shall only accept the return of any Goods of faulty manufacture within seven days of the date of delivery or within a reasonable time after discovery of the defect (but not more than one year after delivery) and such Goods shall be returned with written notification which must state the nature of the fault of each item and the invoice number in relation to the purchase of each item.
  45. All transportation charges relating to the return of Goods will be borne by you unless otherwise agreed in writing, and the risk in the Goods shall remain with you until the Goods are received by us and any Goods so returned are despatched by you at your own risk.
  46. You shall not be entitled to reject part only of the Goods delivered in accordance with these Conditions.
  47. Any claims against us for Goods not credited or replaced will only be considered where you can provide proof of delivery to us.
  48. We will at our discretion replace whenever possible Goods found to be of faulty manufacture after examination provided that the Goods have been returned in accordance with these Conditions, We will return goods after examination if they are found to have no fault or defect.
  49. All leaflets, specifications, drawings and particulars of prices, weights, dimensions, colours and performance issued by us are approximate only and are not intended to form the basis of any contract between you and us.
  50. We hereby grant to you a non-exclusive and non-transferable licence to use such of our intellectual property rights as may be reasonably necessary for you to comply with your obligations under the contract, Such licence shall terminate automatically upon your completion of the final act required of you to comply with such obligations.
  51. If any claims is made or any action brought against you in respect of any infringement of an intellectual property right by the use or sale of Goods supplied by us, you must immediately give us written notice with full particulars of such claim or action.
  52. If Goods are credited it will be at the invoice price stated on the return application sheet and agreed by us.
  53. In the event of your receivership or insolvency, credits will only be made against your pre-existing indebtedness, If you make any voluntary arrangement, become insolvent or commit any other act of bankruptcy, we reserve the right to cancel the contract or suspend any further deliveries under the contract without any liability to you, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
  54. No order which we have accepted may be cancelled without our written consent and if we so consent, you agree to indemnify us against all losses and expenses (including but not limited to loss of profit) incurred by us.
  55. We will not be liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure due to acts caused beyond our reasonable control.
  56. No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
  57. If any provisions of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.
  58. These Conditions and the contract shall be governed by English law and any dispute shall be submitted to the exclusive jurisdiction of the English courts.
  59. These Conditions do not purport to confer a benefit on any third party.
  60. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.
  61. You shall take all proper steps to keep confidential all information relating to us or our business that is obtained by you as a result of this contract, and will not divulge the same to any third party, except to the extent that such information becomes public through no fault of yours, This obligation shall continue in force indefinitely, notwithstanding termination of our business relationship
  62. We will provide such assistance and support as you may require for the purpose of enabling you to comply with the Freedom of Information Act 2000 and associated regulations (FOIA), We acknowledge that you may be obliged under the FOIA to disclose information to third parties subject to certain exemptions, We acknowledge that the decision to disclose information under the FOIA is at your discretion, provided that you agree to consult with us prior to any disclosure relating (directly or indirectly) to us, and you will not disclose any information relating (directly or indirectly) to us where we reasonably notify you that:
  63. such information, if disclosed by you, would constitute a breach of clause 20,1, in accordance with section 41 of the FOIA; or
  64. such information constitutes a trade secret or such information, if disclosed by you, would (or would be likely to) prejudice our commercial interests in accordance with section 43 of the FOIA.

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