1.Application of Condition:
Notwithstanding anything which may be contained in any purchase order or other document of the Buyer, goods
are supplied subject to these conditions alone. No variations of them will apply unless expressly agreed by both
parties in writing and signed on their behalf.
2.Loss or Damage in Transit:
The seller will replace goods, which fail to arrive or arrive in a damaged condition. However, in order to comply
with their terms of the Seller’s own insurance policy, notification of loss or damage to the goods must be made to
the Seller in writing within 5 days of the date of dispatch failing which no claim in respect of such loss or damage
will be entertained by the Seller.
3.Delivery:
Unless specifically agreed otherwise than in writing by the Seller the date of any delivery notified by the Seller to
the Buyer is an estimate only and the Seller shall not be liable for the consequences of any delay in fulfilling the
Buyer’s order. Goods are delivered by carriers over whom the Seller has no control and therefore the Seller shall
not be liable for the consequences of any delay in transit. In the event of goods ordered and subsequently
returned for any reason the Seller reserves the right to affect a handling charge.
4.Discrepancy:
The Buyer will inspect the goods on arrival and if they do not correspond in nature to the goods ordered, will give
the Seller written notification of any discrepancy within 5 days of the dispatch, failing which the Buyer shall be
deemed to have accepted the goods.
5.Descriptions:
The photographs, dimensions, specifications and type numbers in the catalogue are shown only as a guide and
although we will usually supply the exact product shown, we reserve the right on occasions to supply similar items
but of detail difference.
6.Accuracy of Information:
Whilst we make every effort to ensure the accuracy of the information shown in our information pack, we can
accept no liability for damages or injury arising directly or indirectly from any error or omission in such information.
7.Defective Goods and Consequential Loss:
The Seller guarantees that the goods are free from defects and are of merchantable quality but it is for the Buyer
to satisfy himself that the goods are fit and suitable for the purpose for which he requires them. Defects in goods
delivered shall not be grounds for cancellation by the Buyer of the remainder of any order or contract.
It is expressly agreed and understood by the Buyer that the Seller’s liability in respect of defective or otherwise
unmerchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods, in
particular the Seller shall not be liable for any damage to property nor any
consequential loss of whatsoever nature howsoever caused, arising out of any defect in the goods or from their
failure to correspond to any description or representation, or from their unsuitability for any purpose. If the Buyer
alleges that goods supplied are defective the Buyer will return them, to the Seller’s premises. If after examination
by the Seller, it is established that the goods are defective then the Seller will replace the goods and any incidental
expenses in returning the goods (e.g. carriage cost) or at the Seller’s absolute discretion refund their purchase
price.
8.Price:
The price of the goods will be agreed when the purchase order is confirmed, excluding VAT, and an estimate of
the carriage charge made to the Buyer. Although the price of the goods will not be amended unless agreed with
the Buyer, the carriage charge may be varied to take into account any variation in charges by our carriers.
9.Payment:
Payment for the goods is due without any deduction either with the order if the buyer does not have a credit
account or within 7 days of the date of the invoice if the buyer does have a credit account. If payment of the price
or any part of it is not made by the due date the Seller shall be entitled to
charge interest on overdue accounts at the rate of 2.5% above the National Westminster Bank Base Rate per
month and any further deliveries may be suspended until the account is paid in full together with any interest. In
the event of non-payment of an outstanding debt we reserve the right to claim for the whole balance owing.
145 London Road, Kingston upon Thames, KT2 6SR
Company No: 12410828
10.Cancellations:
The Buyer shall not be entitled to cancel an order once accepted in whole or in part, except by prior agreement
with the Seller and against prior payment of a reasonable cancellation charge to be specified by the Seller.
11.Returns: All sales are final. We do not accept returns or exchanges for any products sold under this
agreement. Exceptions to this policy will only be made in cases of defective or damaged goods, which must be
reported within 7 days of receipt. In such cases, please contact our customer service team at [email protected]
for assistance. The Buyer is responsible for inspecting the goods upon delivery. Any claims for defective or
damaged goods must be made within 7 days of receipt. For any approved returns due to defects or damages, we
will provide a replacement product or a refund, at our discretion.
12.Specification:
Goods described in the Seller’s information pack or elsewhere are subjected to a continuing process of technical
change and development and the Seller therefore reserves the right to alter specifications without notice any time
before delivery. All descriptions, illustrations, specifications and dimensions are approximate and are only
intended to present a general guideline as to the goods therein. It is therefore agreed by the Buyer that the goods
supplied may not comply in all respects with the description in the Seller’s catalogue or elsewhere. If a sample of
the goods has been exhibited to and inspected by the Buyer the contract shall not constitute a sale by sample.
13.Reservation of Title:
Although goods supplied by the Seller to the Buyer shall be at the Buyer’s risk immediately on delivery to the
Buyer (and the Buyer should be insured accordingly), the legal ownership in the goods shall not pass from the
Seller to the Buyer until they have been paid for in full. Until property in the goods passes from the Seller to the
Buyer as aforesaid the Buyer shall hold the goods as the bailee of the Seller. Where the goods are supplied under
a Contract Order with delivery in instalments over an extended period, then the order is to be regarded as a whole
so that property in none of the goods passes until all the goods, the subject of the contract order, have been paid
for in full.
14.Force Majeure:
If delivery is delayed by any cause beyond the reasonable control of the Seller, a reasonable extension of time for
delivery shall be granted and the Buyer shall pay such reasonable extra charges as shall have been occasioned
by the delay.
15.Currency Fluctuation Clause
We reserve the right to requote based on GBP to USD currency fluctuations.
Exchange Rate Basis: The prices quoted in this sales agreement are based on the exchange rate as of the date
of this quote.
Exchange Rate Fluctuation: Any significant fluctuation (±0.02) in the exchange rate between GBP and USD
from the quoted rate may result in an adjustment to the final invoice amount.
Review Period: The exchange rate will be reviewed at the time of order confirmation and again at the time of final
payment.
Adjustment Calculation: If the exchange rate at the time of order confirmation or final payment differs by more
than ±0.02 from the quoted rate, the final price will be adjusted accordingly. The adjustment will be calculated
based on the current exchange rate provided by the Bank of England (bankofengland.co.uk).
Notification: The Buyer will be notified in writing of any adjustment due to currency fluctuation prior to final
invoicing
16. Shipping Liability: The Seller’s shipping service covers the cost of shipping to the end user within the United
Kingdom. For shipments to end users located outside the United Kingdom, any additional fees, taxes, duties, or
related charges that may arise are the sole responsibility of the end user, customer, or purchaser. The Seller shall
not be held liable for such costs under any circumstances.
17.Applicable Law:
The contract is subject to English Law. Any disputes arising out of or in connection with this contract shall be
subject to the exclusive jurisdiction of the courts of England and Wales.