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Terms & Conditions

  1. Interpretation

    1. For the purposes of this document ‘the Company’ means the Company and ‘Buyer’ means any company, organisation or person placing orders for or purchasing goods or services from the Company.
    2. ‘Contract’ means the legal agreement between the Company and the Buyer to which these terms and conditions relate.
  2. Basis of contract

    1. These conditions shall govern any Contract between the Company and the Buyer to the exclusion of any other terms or conditions and shall supersede any previous terms and conditions issued by the Company.
    2. Any orders placed by the Buyer which do not state acceptance of these terms and conditions will still be subject to them and any terms or conditions which the Buyer may purport to apply under any offer, order or similar document or in any correspondence and which conflict with these terms and conditions shall be of no effect.
    3. Any variation of these terms and conditions shall be inapplicable unless agreed in writing by the Company.
  3. Delivery

    Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
  4. Returns and cancellations

    1. Without prejudice to any other provision of these terms and conditions, any order cancelled by the Buyer where such cancellation is accepted by the Company will nevertheless incur a cancellation charge to cover any expenses which {the Company has incurred.
    2. If the Buyer requests cancellation of an order comprising goods which have been ordered in specifically for the Buyer then the Buyer will be charged and liable to pay at the option of the Company either the full invoice value of such goods (in which case the Buyer shall be entitled to supply of the goods) or a cancellation charge which equates to any expenses incurred by the Company (including without prejudice to the generality of the foregoing carriage and administration costs) in connection with the cancelled order.
    3. No goods will be accepted back for credit unless returned at the Buyer’s expense and in “as new” condition within original packing and with instructions.
    4. The Company reserves the right to refuse to accept the return of goods from the Buyer if they were ordered specially for the Buyer or are not in “as new” condition, or are not in their original packing or are without instructions originally supplied.
  5. Guarantees and repairs

    1. Subject to the succeeding provisions of this clause 5, the Company will honour a manufacturer’s warranty only in respect of goods claimed to be defective, and then only within 12 month from date the relevant goods were invoiced to the Buyer by the Company.
    2. Any goods accepted by the Company to be faulty out of box will be replaced free of charge.
    3. Any goods installed which are reported faulty to the Company within the period of 12 months referred to in clause 5.1 above shall be offered to the Company for repair instead of replacement and if so repaired shall be returned (at the Company's expense) to and accepted by the Buyer.
    4. The Company shall be entitled to charge to and be paid by the Buyer all costs (including carriage and administration costs) for replacement of or repair or attempted repair of any faults in any goods reported to the Company as faulty where the fault has been caused by the Buyer, his employee, contractor or agent, the Buyer’s customer or any other third party or by any factor relevant to use of the goods for some purpose other than that or outside the operational parameters for which the goods in question were designed.
    5. Any notification of a claim for replacement or repair of goods alleged by the Buyer to be faulty must be given or confirmed in writing to the Company and thereafter the Buyer shall have a maximum period of 14 days (as to which time shall be of the essence) within which to return the goods to the Company if practicable to do so, or, if it is not practicable to return the goods to the Company, within which to specify why return is not practicable and to offer the Company a reasonable opportunity of inspecting the goods in question on site, and failure to comply strictly with the requirements of this clause 5.5 shall de deemed a waiver by the Buyer of all and any claims he may have against the Company arising out of or in respect of or relation to the allegedly defective goods and/or the supply thereof.
  6. Limitations of liability

    1. Without prejudice to any other exclusions of liability or other provisions contained in these terms and conditions or other exclusions applicable under Statute or Common Law, the Company shall have no liability in respect of any goods alleged to be defective and/or the supply of such goods:-
      1. where the defect has been caused by the buyer, his employee, his sub-contractor, his agent, his customer or any other third party who may have handled or otherwise acted upon the goods after they left the possession of the Company.
      2. if the goods have not been paid for in full.
      3. where the goods have not been used or assembled in accordance with the manufacturers instructions.
      4. where refurbished goods have been ordered and supplied.
      5. where goods have been short delivered or damaged in transit.
      6. if the Company have not been given an opportunity, in circumstances in which the provision of such an opportunity could reasonably have been given, to remedy any matter complained of and for which the Company might otherwise have been liable.
      7. where the matter complained of is covered by a policy of insurance issued by the Buyer’s insurers.
      8. for any matters which are or were at any relevant time outside the Company’s reasonable control.
      9. for errors in details and/or specification supplied by the Buyer which give rise to failures in systems and/or products.
    2. The Company's liability to the Buyer in relation to any one claim shall not exceed the price paid for the goods supplied by the Company to which such claim relates and in particular but without prejudice to the generality of the foregoing the Company shall have no liability to the Buyer for:
      a) Consequential Loss (including loss of profit and/or damage to goodwill)
      b) Economic or other similar losses
      c) Damages and indirect losses
      d) Business interruption or loss of business, contracts or opportunity
    3. All goods supplied shall be manufactured in accordance with all applicable British Standards which relate specifically to those goods.
    4. The Company may from time to time make changes in the specification of goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of such goods
    5. Any contractual description of any goods by the Company relates to the identity of those goods but only if it relates to a central characteristic of the goods or to a substantial ingredient in their identity.
    6. The Company warrants that goods supplied will at the time of delivery correspond to the description applied to them by the Company
    7. Save as herein specifically stated to the contrary all terms, conditions, warranties and representations (whether implied or made expressly) whether by the Company its servants or agents or otherwise relating to the quality and/or fitness for the purpose of any goods are excluded to the fullest extent permitted by law.
  7. Price and payment

    1. The price for the Goods shall, unless otherwise agreed, be the price set out on in the Company’s price list and on the company’s web site. The price for the Goods shall be displayed on the price list and web site inclusive of vat but exclusive of all costs of carriage and insurance which the Buyer shall pay in addition.
    2. Subject to paragraph 7.1, payment of the price of the Goods shall be due before the goods are shipped. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
  8. Force majeure

    the Company shall be relieved of its obligations hereunder whenever and to the extent to which fulfilment is prevented, frustrated or impeded as a consequence of any cause outside the reasonable control of the Company including (but not limited to) Acts of God, fire, flood, war or civil disturbance or riot, acts of Government, currency restriction or fluctuation, labour disputes, strikes, unavailability of materials or failure of supplier or subcontractor to deliver on time.
  9. Proper law of contract

    1. These terms and conditions and all contracts governed by the same are subject to the law of England and Wales.
    2. If any dispute or difference shall arise between the parties as to the meaning of any contract governed by these terms and conditions or any matter or thing arising out of or connected with such a contract then if (and only if) the Company shall in its absolute discretion so elect it shall be referred to the determination of an arbitrator to be appointed by agreement of the parties or (in default of agreement within 21 days of the service upon one party of a written request to concur in such appointment) by the President for the time being of the Chartered Institute of Arbitrators.
  10. Third party rights

    The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.