Terms and Conditions
Basis of the Sale
The Seller shall sell and the Buyer shall buy in accordance with these Conditions excluding all other terms and conditions save those implied automatically by statute.
Any advice given or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer's own risk and the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
This website enables the Buyer to:-
Place an order for Goods and pay at a later date upon receipt of an invoice from the Seller; or place an order for Goods and pay for the Goods at the same time as the order is submitted
If the Buyer is simply placing an order the Buyer must first have proper authorisation from their company to do so.
(b) Each order for Goods placed by the Buyer from the Seller through this website shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions. No order placed by the Buyer shall be deemed to be accepted by the Seller until the Seller delivers the Goods to the Buyer.
(c) The Buyer shall be responsible for ensuring the accuracy of the quantity and description of the Goods as specified in the order.
(d) All descriptions and illustrations and advertisements on this website are intended merely to present a general idea of the Goods described therein and nothing contained in any of them shall form any part of the Contract.
(a) Unless otherwise agreed prior to placing the order in writing by the Seller, delivery of the Goods shall take place at the Buyer's place of business or at the address submitted by the Buyer at the time the order is submitted.
The Seller will endeavour to deliver the Goods within a reasonable time , but will not be liable for any loss or damage caused by delay in the delivery of the Goods, nor will any such delay entitle the Buyer to cancel or rescind this Contract.
(c) Where the seller has agreed in advance to deliver the Goods by instalments and where the Goods are delivered by instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver on time shall not entitle the Buyer to treat the Contract as repudiated.
(d) Should the Seller be prevented or hindered in delivering the Goods by any reason of war riot explosion fire flood strike lock-out shortage of materials or labour or any cause beyond the Seller's control the time for delivery shall be extended by a period equal to that during which the cause preventing or hindering delivery exists SAVE THAT the Buyer shall take and pay for any part of the Goods as the Seller shall be able to deliver in accordance with these Conditions.
(e) If the Seller fails to deliver the Goods for any reason other than in accordance with (d) above or because of the Buyer's fault, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods
(f) No claim for damage to the Goods or shortages will be considered unless the Seller is notified
immediately by telephone and subsequently in writing at their Head Office within three days of delivery, otherwise any claim by the Buyer will be deemed to have been waived.
(g) All goods received and signed for on the delivery note are deemed to have been examined, checked and acknowledged as being correct in every detail. You are considered to have given authority to accept a delivery on your behalf to any person who actually accepts delivery at the delivery address
(h) The Seller reserves the right to charge additional carriage on specified deliveries where they may fall outside the normal delivery area or fall below a previously agreed value level.
(i) You are obliged to provide adequate labour and facilities at the delivery address to unload or load the Goods without undue delay. We will require compensation for any loss we suffer arising from delivery or collection or non-delivery or non-collection of the Goods if it is subsequently proven that the said loss is not a result of our action.
Goods for Return
No Goods can be accepted for return without prior agreement. The buyer shall contact the Seller to arrange for delivery of returned Goods. No Goods will be accepted for return after 7 days from the date of delivery. Any Goods returned must be in original unmarked condition and packaging. Packaging that has been defaced, written on, damaged or marked in any way cannot be accepted for return. No credits can be issued unless these conditions are met. Please ensure that you are aware of this responsibility before opening any packaging.
Retention of Title
Where payment for the Goods is not made in full at the time the order is submitted by the Buyer:-
(a) Notwithstanding delivery of the Goods title to the Goods will not pass to the Buyer until the price for the Goods and all other sums due under this Conditions have been paid in full.
(b) If the Goods are sold to a third party before payment has been made to the Seller the proceeds shall be held by the Buyer on trust for the Seller pending payment.
(c) The Goods must be fully insured stored separately and clearly identified as the Seller's property until payment
(d) The Seller may at any time after the price for the Goods or any other sum has become due from
the Buyer under this Contract rescind this Contract and recover the Goods. The Buyer hereby gives its authority for the Seller to enter onto the Buyer's premises for that purpose.
Subject to clause 11(d) below, the price of the Goods will be the price shown on this website. All prices are shown exclusive of any applicable VAT which the Buyer shall be additionally liable to pay to the Seller.
(b) The Seller reserves the right to increase the price of the Goods at any time before delivery to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller or any change in the delivery dates quantities or specifications for the Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
(c) The Buyer may be required to pay extra for delivery of the Goods. If delivery charges are to be charged these will be advised prior to dispatch.
The Buyer can pay for the Goods either: -
(a) By entering the Buyer's credit card details at the time an order is submitted by the Buyer; or if agreed in advance with the Seller, upon receipt of an invoice from the Seller. If the Buyer chooses to pay upon receipt of an invoice from the Seller: -
The Seller shall be entitled to invoice the Buyer on or at any time after delivery of the Goods to the Buyer.
The time for payment will be agreed in advance with the Seller
The time for payment shall be of the essence
(c) If the Buyer chooses to pay upon receipt of an invoice from the Seller and the Buyer fails to make any payment on the agreed date for payment then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: -
(i) cancel the Contract or suspend any further deliveries to the Buyer;
(ii) immediate payment of all payments outstanding in respect of Goods supplied under the Contract and all other Goods under any other contract;
(iii) appropriate any payment made by the Buyer for such of the Goods as the Seller may think fit;
(iv) charge the Buyer interest on the amount unpaid at the rate of 3 per cent per annum above the base rate from time to time of the Bank of England, compounded daily, on the amount outstanding until it has been made in full;
(v) receive from the Buyer a sum equivalent to any bank charges, legal costs or other costs charges or expenses incurred by the Seller arising from late payment or recovery of sums due;
(d) In addition to any right of lien entitled at law, the Seller shall be entitled to a general lien on all property of the Buyer in the possession of the Seller for all sums whether or not liquidated or qualified due from the Buyer to the Seller PROVIDED THAT the Seller shall not be liable for loss of or damage to the Buyer's property in the Seller's possession either as a result of the exercise by the Seller of its lien or otherwise
(e) Receipts for payment shall only be issued upon request