Terms & Conditions

 

Business Customer Terms and Conditions

 

If you are a business customer these terms constitute the agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

Rights Relating to defective Products

 

1.1       We warrant that on delivery, and for a period of 12 months, from the date of delivery (warranty period), the products shall:

(a)   conform in all material respects with their description;

(b)   be free from material defects in design, material and workmanship;

(c)    be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d)   be fit for any purpose held out by us.

1.2       Subject to clause 1.3, if:

(a)   you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1.1;

(b)   we are given a reasonable opportunity of (at our option) examining such product and/or requiring you to provide us with photos of the damage; and

(c)    you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

1.3       We will not be liable for a product's failure to comply with the warranty in clause 1.1 if:

(a)   you make any further use of such product after giving a notice in accordance with clause 1.2(a);

(b)   the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

(c)    the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(d)   you alter or repair the product without our written consent; or

(e)   the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

1.4       You must inspect the products on delivery, and inform us of any defects or failure to comply with clause 1.1 within 24 hours of such delivery. If you do not inspect the products on delivery, then you must not sign for them as being ‘unchecked’. If you fail to do so then we will have no further liability to you other than in relation to latent defects.

1.5       Except as provided in this clause, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1.1.

1.6       These terms shall apply to any repaired or replacement products supplied by us under clause 1.2.

 

Our Liability to you as a Business

 

2.1    Nothing in these terms shall limit or exclude our liability where it would be unlawful to do so, including:

(a)   death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)   fraud or fraudulent misrepresentation; or

(c)    breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

2.2    Except to the extent expressly stated in clause 8.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

2.3    Subject to clause 11.1:

(a)   we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)   our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 200% of the total sums paid by you for products under such contract.

 

You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

Cancellation of Contract

3.1 This contract may be cancelled within 48 hours of placing any order. Cancellation must be made in writing and must include the reason for termination.

3.2 We reserve the right to withdraw from any contract in the event of any pricing or detail error, whether written directly or represented online.