SALE OF GOODS SUPPLEMENTAL TERMS AND CONDITIONS
These supplemental terms and conditions are to be read in conjunction with our General Terms and Conditions. All defined terms within these supplemental terms and conditions have the same meaning as those set out in the General Terms and Conditions. In the event of any conflict between these supplemental terms and conditions and the General Terms and Conditions, the provisions of these supplemental terms and conditions shall apply.
Goods – Any tangible products supplied to the Customer pursuant to any quotation.
Orders – A request from the Customer for the Company to provide Goods;
- Orders. Orders are completed to the Customer’s exact requirements and substitute products will not be provided unless requested by the Customer or unless the product is unavailable. Items will be held on back order for out of stock items. Orders will not be cancelled without prior notification to the Customer.
- Product Information. All product specifications provided in any documentation supplied by the Company are given in good faith and to the best of the Company’s knowledge.
- Description. All descriptions and illustrations within any documentation produced by the Company, or any price list or otherwise communicated to the Customer are intended merely to present a general idea of the Goods, and nothing contained in any of these documents shall form any part of the contract between the Company and the Customer.
Additional Liability and Warranty
- Liability. There shall be no expressed or implied warranty upon the Company as to the quality of the Goods nor that the Goods will be suitable for any particular purpose or for use under any specific conditions.
- Warranty. The Company may replace, repair or refund the purchase price of any Goods in which defects appear under normal and proper use, subject to the manufacturer’s warranty and terms and conditions being satisfied and a claim being made in writing to the Company within fourteen days of the date of invoice, provided that within that period the Goods are returned to the Company in original and undamaged condition and in original packaging, complete with all accessories.
Price and Payment
- The Company shall invoice the Customer upon despatch of the Goods.
- Whilst every effort will be made to maintain quoted prices communicated to the Customer, in the event of a factor outside the control of the Company materially changing the cost of the Goods, the Company shall give the Customer written notice thereof and the Customer shall have 30 days to accept such increased costs or terminate the applicable Customer Order.
Title and Risk
- Title to the Goods shall not pass to the customer until all sums that are due or are owing to the Company have been paid in full. Risk passes upon delivery, or first attempted delivery.
- Until title in the Goods passes to the Customer in accordance with Clause 5.1 above, the Customer shall hold the Goods in a fiduciary capacity for the Company, separate from any other assets and clearly marked as property of the Company. The Company shall be entitled to require the Customer to deliver the Goods or any of them on demand. If the Customer fails to deliver the Goods, then subject to any applicable legal restrictions, the Company shall be entitled to enter the premises of the Customer for the purpose of collecting the Goods and to collect the Goods or any of them (and shall have the right to dismantle any machinery, product, item or equipment into which the Goods or any of them have been incorporated) and the Customer shall be responsible for all costs and expenses incurred by the Company in connection with so doing.
- Orders are subject to a minimum delivery charge. Delivery will normally be made to the Customer’s trading address unless otherwise stated by the Customer. All deliveries will be made during office hours. If the Customer requires delivery to be made outside such times an additional charge shall be payable.
- Transportation. The Customer shall notify the Company and the delivery/shipping company, in writing by recorded delivery, within 2 business days after delivery of any defective or damaged Goods, including, but not limited to, any discrepancy between the delivery/shipping document(s) and the Goods received. Failure to do so shall constitute an acceptance of any such Goods and a waiver of any claim which the Customer may have against the Company for non-delivery, delivery of damaged Goods and/or failure to conform to order.
- Non-Delivery. If the Customer refuses or otherwise fails to take delivery of the Goods for any reason, the Company will after 14 days become entitled to payment in full together with any storage, insurance or redelivery costs involved.
- Returns and Cancellations. Cancellations or part cancellations of any order can only be accepted by agreement with the Company unless the Goods have been substituted under clause 2.1. No Goods can be returned without the Company’s prior consent. Subject to consent being obtained, Goods must be returned to the Company at the Customer’s expense. All Goods returned are to be accompanied by a returns note stating the name and address of sender, date and invoice number of Goods, reason for return and nature of fault (if applicable). All Goods must be returned in their original packaging and in a resalable condition. A restocking fee of up to 25% of the order value will be charged on all accepted returns.