Terms and Conditions

Terms of Trading

  • 1 Business customers

    • 1.1 Some of these terms apply to consumers only; some apply to business customers only.
    • Those terms are marked as such.
    • 1.2 All other terms apply to all customers.
    • 1.3 You are classified as a business customer if you indicate to us that the goods supplied by
      us will be used in the course of your business or if you use the goods in the course of your
      business.
    • 1.4 If you are not a business customer, you are a consumer. Your have certain statutory rights
      as a consumer which are not affected by these terms. Contact your local trading standards
      office for more information. Words in italic type are legal words which clarify, rather than
      alter, the meaning of the relevant clause.
  • 2 Price

    • 2.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate
      applying at the time of delivery.
    • 2.2 Our quotations lapse after 30 days (unless otherwise stated).
    • 2.3 The price quoted includes delivery on the UK mainland (unless otherwise stated). We will
      charge extra for delivery elsewhere.
    • 2.4 Business customers: unless otherwise stated, the price quoted to business customers is
      an illustrative estimate only and the price charged will be our price current at the time of
      delivery.
    • 2.5 Business customers: rates of tax and duties on the goods will be those applying at the
      time of delivery.
    • 2.6 Business customers: at any time before delivery we may adjust the price to reflect any
      increase in our costs of supplying the goods.
  • 3 Delivery

    • 3.1 Minimum order Value is £250.00 Ex Vat for carriage payed orders. We cannot accept orders under £250.00.
      Orders to Northern and Southern Ireland – These are delivered prices if the order is £1000.00 and over Ex Vat. If the order
      is under £1000.00 please contact the office to make a telephone or email order and the delivery charge will be confirmed depending the number of pallets
    • 3.2 All delivery times quoted are estimates only.
    • 3.3 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the
      contract, however:
      • 3.3.1 you may not cancel if we receive your notice after the goods have been
        dispatched; and
      • 3.3.2 if you cancel the contract, you can have no further claim against us under that
        contract.
    • 3.4 If you accept delivery of the goods after the estimated delivery time, it will be on the basis
      that you have no claim against us for delay (including indirect or consequential loss, or
      increase in the price of the goods).
    • 3.5 We may deliver the goods in instalments. Each instalment is treated as a separate
      contract.
    • 3.6 We may deliver the goods in quantities of 5% more or less than the quantity ordered.
  • 4 Delivery and safety

    • 4.1 We may decline to deliver if:
    • 4.1.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
    • 4.1.2 the premises (or the access to them) are unsuitable for our vehicle.
  • 5 Delivery and risk

    • 5.1 The goods are at your risk from the time of delivery.
    • 5.2 Delivery takes place either:
      • 5.2.1 at our premises (if you are collecting them or arranging carriage); or
      • 5.2.2 at your premises (if we are arranging carriage).
    • 5.3 You must inspect the goods on delivery. If any goods are damaged (or not delivered), you
      must write to tell us within seven working days of delivery (or the expected delivery time).
      You must give us (and any carrier) a fair chance to inspect the damaged goods.
  • 6 Payment terms

    • 6.1 You are to pay us cash or cleared funds before the goods are despatched unless you have
      an approved credit account. Funds must be paid into our bank account.
    • 6.2 Business customers: if you have an approved UK business credit account, payment is
      due within 30 days of our invoice date unless otherwise agreed.
    • 6.3 If you fail to pay us in full on the due date:
      • 6.3.1 we may suspend or cancel future deliveries;
      • 6.3.2 we may cancel any discount offered to you;
      • 6.3.3 you must pay us interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998
        1. calculated (on a daily basis) from the date of our invoice until payment;
        2. compounded on the first day of each month; and
        3. before and after any judgment (unless a court orders otherwise);
      • 6.3.4 we may claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
      • 6.3.5 we may recover (under clause 6.9) the cost of taking legal action to make you pay.
    • 6.4 If you have an approved business credit account we may withdraw it or reduce your credit
      limit or bring forward your due date for payment.
    • 6.5 We may take any of those actions in 6.4 at any time and without notice.
    • 6.6 Business Customers: you do not have the right to set off any money you may claim from
      us against anything you may owe us.
    • 6.7 Consumers: you may only set off money you claim from us against money you owe us
      with our written agreement and on such terms as we may state.
    • 6.8 While you owe money to us, we have a right to keep any property we may hold of yours
      until you have paid us in full (a lien).
    • 6.9 You are to indemnify us in full and hold us harmless from all expenses and liabilities we
      may incur (directly or indirectly and including finance costs and legal costs on a full
      indemnity basis) following any breach by you of any of your obligations under these terms.
    • 6.10 Consumers: clause 6.9 means that you are liable to us for losses we incur because you
      do not comply with these terms. We may claim those losses from you at any time and if
      we have to take legal action we will ask the court to make you pay our legal costs.
  • 7 Title

    • 7.1 Consumers: your statutory rights are unaffected.
    • 7.2 Business customers: until you pay all debts you may owe us:
      • 7.2.1 all goods supplied by us remain our property;
      • 7.2.2 you must store them so that they are clearly identifiable as our property;
      • 7.2.3 you must insure them (against the risks for which a prudent owner would insure
        them) and hold the policy on trust for us;
      • 7.2.4 you may use those goods and sell them in the ordinary course of your business,
        but not if:
        1. we revoke that right (by informing you in writing); or
        2. you become insolvent.
    • 7.3 Business customers: you must inform us (in writing) immediately if you become
      insolvent.
    • 7.4 Business customers: if your right to use and sell the goods ends you must allow us to
      remove the goods.
    • 7.5 Business customers: we have your permission to enter any premises where the goods
      may be stored:
      • 7.5.1 at any time, to inspect them; and
      • 7.5.2 after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
    • 7.6 Despite our retention of title to the goods, we have the right to take legal proceedings to
      recover the price of goods supplied should you not pay us by the due date.
    • 7.7 You are not our agent. You have no authority to make any contract on our behalf or in our
      name.
  • 8 Warranties

    • 8.1 We warrant that the goods:
      • 8.1.1 comply with their description on our acknowledgement of order form; and
      • 8.1.2 are free from material defect at the time of delivery (as long as you comply with
        clause 8.4).
    • 8.2 Business customers: we give no other warranty (and exclude any warranty, term or
      condition that would otherwise be implied) as to the quality of the goods or their fitness for
      any purpose.
    • 8.3 Consumers: the warranty in clause 8.1 is in addition to your statutory rights.
    • 8.4 If you believe that we have delivered goods which are defective in material or
      workmanship, you must:
      • 8.4.1 inform us (in writing), with full details, as soon as possible; and
      • 8.4.2 allow us to investigate (we may need access to your premises and product
        samples).
    • 8.5 If the goods are found to be defective in material or workmanship (following our
      investigations), and you have complied with those conditions (in clause 8.4) in full, we will
      (at our option) replace the goods or refund the price.
    • 8.6 We are not liable for any other loss or damage (including indirect or consequential loss,
      financial loss, loss of profits or loss of use) arising from the contract or the supply of goods
      or their use, even if we are negligent.
    • 8.7 Our total liability to you (from one single cause) for damage to property caused by our
      negligence is limited to £;5,000,000.
    • 8.8 For all other liabilities not referred to elsewhere in these terms our liability is limited in
      damages to the price of the goods.
    • 8.9 Nothing in these terms restricts or limits our liability for death or personal injury resulting
      from negligence.
  • 9 Specification

    • 9.1 If we prepare the goods in accordance with your specifications or instructions:
      • 9.1.1 you must ensure that the specifications or instructions are accurate; and
      • 9.1.2 you must ensure that goods prepared in accordance with those specifications or
        instructions will be fit for the purpose for which you intend to use them.
    • 9.2 We reserve the right to make any changes in the specifications of our goods which are
      necessary to ensure they conform with any applicable safety or other statutory requirements.
    • 9.3 Business customers: we also reserve the right to make without notice any minor
      modifications in our specifications designs or materials as we think necessary or desirable.
  • 10 Return of goods

    • 10.1 We will accept the return of goods from you only:
      • 10.1.1 by prior arrangement (confirmed in writing);
      • 10.1.2 on payment of an agreed handling charge (unless the goods were defective
        when delivered) and
      • 10.1.3 where the goods are as fit for sale on their return as they were on delivery.
  • 11 Export terms

    • 11.1 Where the goods are supplied by us to you by way of export from the United Kingdom
      Clause 10 of these terms applies (except to the extent that it is inconsistent with any written
      agreement between us).
    • 11.2 The 'Incoterms' of the International Chamber of Commerce which are in force at the time
      when the contract is made apply to exports, but these terms prevail to the extent that there
      is any inconsistency.
    • 11.3 Unless otherwise agreed, the goods are supplied ex works our place of manufacture.
    • 11.4 Where the goods are to be sent by us to you by a route including sea transport we are
      under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
    • 11.5 You are responsible for arranging testing and inspection of the goods at our premises
      before shipment (unless otherwise agreed). We are not liable for any defect in the goods
      which would be apparent on inspection unless a claim is made before shipment. We are
      not liable for any damage during transit.
    • 11.6 We are not liable for death or personal injury arising from the use of the goods delivered in the
      territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
  • 12 Cancellation

    • 12.1 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or
      unfinished) we may then hold (or to which we are committed) for the order.
    • 12.2 We may suspend or cancel the order, by written notice if:
      • 12.2.1 you fail to pay us any money when due (under the order or otherwise);
      • 12.2.2 you become insolvent;
      • 12.2.3 you fail to honour your obligations under these terms.
    • 12.3 You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 12.1 then
      apply).
  • 13 Waiver and variations

    • 13.1 Any waiver or variation of these terms is not binding unless:
      • 13.1.1 made (or recorded) in writing;
      • 13.1.2 signed on behalf of each party; and
      • 13.1.3 expressly stating an intention to vary these terms.
    • 13.2 All orders that you place with us will be on these terms (or any that we may issue to replace
      them). By placing an order with us, you are expressly waiving any printed terms you may
      have to the extent that they are inconsistent with our terms.
  • 14 Force majeure- business customers only

    • 14.1 If we are unable to perform our obligations to you (or able to perform them only at
      unreasonable cost) because of circumstances beyond our control, we may cancel or
      suspend any of our obligations to you, without liability.
    • 14.2 Examples of those circumstances include act of God, accident, explosion, fire, flood,
      transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
  • 15 General

    • 15.1 Scottish law is applicable to any contract made under these terms. The Scottish courts
      have non-exclusive jurisdiction.
    • 15.2 If you are more than one person, each of you is liable for all of your obligations under these
      terms (joint and several liability).
    • 15.3 If any of these terms are unenforceable as drafted:
      • 15.3.1 it will not affect the enforceability of any other of these terms; and
      • 15.3.2 if it would be enforceable if amended, it will be treated as so amended.
    • 15.4 We may treat you as insolvent if:
      • 15.4.1 you are unable to pay your debts as they fall due; or
      • 15.4.2 you (or any item of your property) becomes the subject of:
        1. any formal insolvency procedure (examples of which include receivership,
          liquidation, administration, voluntary arrangements (including a moratorium)
          or bankruptcy);
        2. any application or proposal for any formal insolvency procedure; or
        3. any application, procedure or proposal overseas with similar effect or purpose.
    • 15.5 Business customers: all brochures, catalogues and other promotional materials are to be
      treated as illustrative only. Their contents form no part of any contract between us and you
      should not rely on them in entering into any contract with us.
    • 15.6 Business customers: any notice by either of us which is to be served under these terms
      may be served by leaving it at or by delivering it to (by first class post or by fax) the other's
      registered office or principal place of business. All such notices must be signed.
    • 15.7 The only statements upon which you may rely in making the contract with us are those
      made in writing by someone who is (or whom you reasonably believe to be) our authorised
      representative and either:
      • 15.7.1 contained in our estimate (or any covering letter) and not withdrawn before the
        contract is made; or
      • 15.7.2 which expressly state that you may rely on them when entering into the contract.
    • 15.8 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.

 

 

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