Terms and Conditions
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
(a) Any order arising from an acceptance of prices shown in the Price List or of any quotation or tender will be subject to the conditions contained herein. Any variation of these conditions in any document of the customer is inapplicable unless accepted in writing by the Company.
(b) All prices are net of delivery charges and VAT.
Any order arising from particulars shown in the Price List or from an acceptance of a quotation must be accompanied by sufficient information to enable the Company to proceed with the execution of the order forthwith. Thereafter any modification will be inapplicable unless it has the Company’s written acceptance.
3 PRICE VARIATION
The Company reserves the right to vary the price shown in the Price List or quoted for a product to conform with the price ruling at the date of delivery if at that date the Company’s costs of manufacturing or procuring the product have increased by 10% or more since the date when the quotation was made or when the order was placed. The Company further reserves the right to vary the price listed or quoted for a product to take full account of any additional expenses not allowed for in the quotation where such expenses are attributable to:
(a) A modification in product design made at the customer’s request; or
(b) Suspension of the manufacture or procurement of the products at the customer’s request; or
(c) Delays in the manufacture or procurement of the products caused by the customer’s failure to provide adequate information or instructions with his order; or
(d) Delays in the manufacture or procurement of the product owing to any other circumstances outside the Company’s reasonable control.
A quotation covers only such products and work as are specified therein. However, where appropriate and at the customer’s request, the Company will submit a separate quotation for the installation of the products in question at the customer’s premises.
5 SPECIFICATIONS, DRAWINGS ETC.
All description, dimensions, illustrations, particulars of performance, specifications statements advertised or submitted by the Company to the customer are approximate and the Company accepts no liability for any error or omission therein.
(a) While the Company will make every reasonable effort to deliver or complete an order within the time or period stated (which will commence on the date upon which the Company receives an order from the customer and of all the information necessary to enable the Company to proceed with the execution of the order) any such time or period is an estimate only and the Company accepts no responsibility and shall incur no liability for any failure to deliver within the time or period stated. Where the delays in completion or delivery are caused by circumstances beyond the Company’s reasonable control, the customer shall not be entitled to cancel the order or to refuse to take delivery.
(b) Unless otherwise arranged, deliveries ex the Company’s Works.
(c) If for any reason the customer is unwilling or unable to take delivery of products ordered within 21 days from the date upon which the Company notifies him/her that the products are ready for despatch, the risk of loss of, or damage to, the products shall pass to the customer, who shall either take delivery thereof or arrange for their storage. If the Company’s storage facilities permit, the Company may store the goods at the customer’s risk, and the customer shall be liable for the Company’s reasonable cost of so doing.
7 DAMAGE OR LOSS IN TRANSIT
Where products are delivered other than ex Company’s works, no claim for damage in transit, shortage of delivery or loss of products will be entertained unless:
(a) In the case of damage in transit or shortage of delivery, the customer gives separate written notice of damage or shortage to the carrier concerned and to the Company within 5 days of receipt of the products, followed by a detailed and complete claim in writing within 7 days of receipt of the products; or
(b) In the case of the loss or destruction of the products in transit the customer gives separate written notice of non-delivery of the products to the carrier concerned and to the Company within 7 days of the date of the advice or despatch note relating to such products. Subject to claims made in accordance with this condition being accepted, the Company will repair or replace free of charge products damaged, lost or destroyed in transit, but shall incur no further liability in respect thereof by way of damages or otherwise to the customer.
All prices quoted may be subject to V.A.T. Please quote your V.A.T. number or equivalent (if applicable) on all purchase orders.
9 FORCE MAJEURE
In the event that the Company shall be prevented from, or delayed in, delivering or completing an order by reason of Force Majeure the Company shall be at liberty to cancel or suspend that order without incurring any liability to the customer for any loss or damage resulting from the said cancellation or suspension. For the purpose of this Condition “Force Majeure” shall mean requisition or interference by any government or local authority, war, strike, lockout, riot, epidemic disease, Act of God, earthquake, inevitable accident or any other circumstance whatsoever, whether of the same kind or nature as the above causes or not, over which the Company shall have no control.
10 RETURNED PRODUCTS
10.1 It is not the Company’s policy to accept the return of Products except where the Company is in error in terms of the quantity or type of Products supplied.
10.2 Without prejudice to the above, should the Company ever agree to accept the return of Products resulting from errors made by the Customer in ordering, the Company will make a reasonable charge for administration costs and where appropriate for the rectification of the Products. The Customer must note that Products should never be returned without prior approval in writing from the Company.
11 REPLACEMENT OF DEFECTIVE PRODUCTS
11.1 If within the periods specified below after the delivery of Products by the Company, the Customer shall discover any defect in the Products arising under proper use from faulty design (other than a design made, furnished or specified by the Customer), materials or workmanship, the Customer shall give written notice thereof to the Company, and the Company shall, upon being satisfied in its reasonable opinion that such defect arose as aforementioned, make good such defect by replacement or repair at the option of the Company. Insofar as any defective Products or parts thereof cannot be repaired at the Customer’s site, the Customer shall promptly return the same to the Company’s works carriage paid.
When the Company accepts responsibility to repair or replace the defective Products, the Company will refund and pay all carriage costs.
Warranty (unless otherwise specified in writing) .......................................... 12 months
11.2 The Company does not undertake to repair or replace any defective Products which have not been manufactured by the Company, but the Customer shall in such cases be entitled to the benefit of such guarantee (if any) as may have been given by the manufacturer. Furthermore, the Company does not accept any responsibility for any direct or consequential loss arising from any faulty
Products supplied by the Company where the fault has arisen as a result of misuse or inadequate or improper maintenance, modification, servicing or storage.
12 PATENTS OR REGISTERED DESIGNS
The customer shall indemnify the Company against all damage, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the customer’s specification or instruction which involve the infringement of any letters patent or registered design.
13 DEFAULT OR INSOLVENCY OF THE CUSTOMER
If the customer shall make default in or commit a breach of these conditions or of any other of his obligations to the Company or if the customer shall enter into liquidation, whether compulsory or voluntary (otherwise than for the purpose of amalgamation or reconstruction) or compound with his creditors or have a receiver appointed of all or any part of his assets or take or suffer any similar action in consequence of debt, the Company shall have the right by written notice to the customer to terminate this contract at once, and without prejudice to any other right of or remedy available to it at the date of termination, to recover from the customer any loss on sale of the products comprised in this contract.
14 PRODUCTS ACQUIRED ON BEHALF OF A CUSTOMER
The Company accepts no liability to the customer for any form of direct or consequential loss or damage suffered by the customer or any third party arising from the use of products or a part or parts thereof which not being of the Company’s manufacture were supplied by the Company at the Customer’s specific request.
Any dispute or difference whatsoever which shall be in any time hereafter (whether during the continuance in effect of this agreement or upon or after its discharge or determination) arise between the parties hereto touching or concerning this agreement or its construction or effect or as to the rights, duties or liabilities of the parties hereto or either of them under or by virtue of this agreement or otherwise, or as to any other matter in any way connected with or arising out of or in relation to the subject matter of this agreement, shall be referred to a single arbitrator to be agreed upon by the parties hereto or in default of agreement to be nominated by the President for the time being of the Law Society in accordance with and subject to the provisions of the Arbitration Acts 1950 and 1979 or any statutory modification or re-enactment thereof for the time being in force. Upon every and any such reference the arbitrator shall have power to take the opinion of such counsel as he may think fit upon any question of law that may arise and in his discretion to adopt any opinion so taken and to obtain the assistance of such accountant or other expert as he may think fit and to act upon any statement of accounts or expert assistance thus obtained.
16.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible if you have registered.
Use of website
16.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
16.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
16.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
16.5 Where possible we always try to give advance warning of maintenance issues that may result in website downtime but we shall not be obliged to provide such notice.
Visitor provided material
16.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
16.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 16.7.
Links to and from other websites
16.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
16.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
16.11 By linking to this website in breach of clause 16.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
16.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
16.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
16.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
16.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
17 GOVERNING LAW
Any contract to which these conditions apply shall be construed and take effect in all respects in accordance with English Law.