Terms and Conditions
DOODLEBONE ™ TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.doodlebone.co.uk ("our site") to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information About Us
1.1 We operate the website www.doodlebone.co.uk. We are EGMG Limited, trading as Doodlebone ™, registered in England and Wales under company number 09211794. Our VAT number is 195936550.
2. How The Contract Is Formed Between You And Us
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Products has been dispatched ("Dispatch" and "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation or, where we are required specially to order Products for you, at the time we commence work on your order.
2.2 The Contract will relate only to those Products whose Dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the Dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.1 Except where we have specially ordered Products for you, you may cancel the order at any time prior to Dispatch.
3.2 Where we have specially ordered Products for you and you cancel the order we reserve the right to invoice to you and you undertake to pay to us any costs incurred by us in processing your order up to the order value.
4. Availability And Delivery
4.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4.2 Time of Dispatch and/or delivery shall not be of the essence in respect of any orders you place with us.
4.3 We reserve the right to make partial deliveries.
4.4 Delivery charges may apply to orders below our minimum order value or if you have special delivery requirements. These charges will be added during the checkout process.
4.5 If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products.
5. Risk And Title
5.1 The Products will be your responsibility from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5.3 Until ownership of the Products has passed to you, you shall:
5.3.1 hold the Products on a fiduciary basis as our bailee;
5.3.2 store the Products separately from all other goods held by you so that they remain identifiable as our property;
5.3.3 maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery, but you may resell or use the Products in the ordinary course of business.
5.4 If before ownership of the Products passes to you, you become subject to any of the events listed in clause 13 or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Products have not been resold or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your premises where the Products are stored in order to recover them.
6. Price And Payment
6.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices include VAT which will be shown separately during checkout and on our invoice. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
6.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6.6 When ordering on www.doodlebone.co.uk, all payment for products must be made on the website checkout or via one of our customer service advisors. We accept most major credit and debit cards.
6.7 Payment may be made by cheque payable to “EGMG Limited” and should be sent to our address. Orders will only be processed after funds have cleared to our Bank.
6.8 All amounts due to us from you shall be paid without deduction and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any amount in whole or in part.
7. Our Refunds Policy – Unused Unwanted Products
7.1 If you wish to return unused unwanted Products to us, you can do so for up to 6 months after our original supply. Please contact us and Returns Documentation will be issued for you to complete and return with the Products, which must be in the original undamaged packaging.
7.2 Return of the Products is at your expense and is your responsibility. Returns must be sent back to Doodlebone's address or another address of our choice which you will be advised of at time of return.
7.3 Provided that the Products are found on arrival at Doodlebone (or other address of our choice) to be unused, in undamaged condition as despatched and in the original undamaged packaging, the goods will be credited at the original invoiced value less distribution cost and less restocking fees as follows: • within 2 weeks of purchase, no restocking fee; • over 2 weeks but up to 2 months after purchase, 20% restocking fee; and • over 2 months but up to 6 months after purchase, 40% restocking fee.
7.4 Where you return Products we have specially ordered for you the credit will be further reduced by any costs incurred by us up to the order value.
7.5 We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
8.1 We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
8.2 Products supplied to you may require assembly or minor adjustments before they can be shown to, sold to or used by your customers. Such processes are your responsibility and are carried out at your expense and risk.
9. Defective Products
9.1 If you receive Products that are defective you must contact us within 7 working days of receipt of the Products with a clear statement of the defect.
9.2 Problems with assembly and minor adjustments to Products as mentioned in Condition, 8.2 above do not constitute Defective Products under this condition.
9.3 We will either agree with you a means of rectifying the defects or (where appropriate in our opinion) agree to replacement of the Products, subject to them being returned to us for inspection.
9.4 If the Products are to be returned, Returns Documentation will be issued for you to complete and return with the returned Product, which must be in the original undamaged packaging.
9.5 Return of the Products is at your expense and is your responsibility. All returns must be sent back to Doodlebone’s address (or other address of our choice).
9.6 Provided that the Products are found on arrival at Doodlebone to be defective as described and in the original undamaged packaging, the goods will be credited at the original invoiced value including any delivery charges and with allowance for return carriage.
9.7 Replacement Products will then be despatched and invoiced to you.
9.8 We shall not be liable for defective Products in any of the following events:
9.8.1 you make any further use of the Products after giving notice in accordance with clause
9.8.2 the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
9.8.3 you alter or repair such Products without our written consent;
9.8.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
9.8.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10. Our Liability
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of profits;
10.2.4 loss of anticipated savings;
10.2.5 loss of data; or 10.2.6 waste of management or office time. However, this clause 10.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by sub-clauses 10.2.1 to 10.2.6 of this clause 10.2.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any 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 (title and quiet possession);
10.3.4 defective products under the Consumer Protection Act 1987; or 10.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. We will notify you when a third party is involved in a transaction, and we may disclose information related to that transaction to the third party seller.
11. Import Duty
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Customer's Insolvency Or Incapacity
12.1 If you become subject to any of the events listed in clause
12.2 or we reasonably believe that you are about to become subject to any of them and we notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries to you without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due.
12.2 For the purposes of condition 12.2, the relevant events are:
12.2.1 you suspend, or threaten to suspend, payment of your debts, are unable to pay your debts as they fall due or admit inability to pay your debts, or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986;
12.2.2 you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
12.2.3 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up;
12.2.4 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
12.2.5 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
12.2.6 a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;
12.2.7 a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
12.2.8 any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 12.2.1 to 12.2.7 (inclusive);
12.2.9 you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business; and
12.2.10 your financial position deteriorates to such an extent that in our opinion your capability adequately to fulfil your obligations has been placed in jeopardy.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Notices And Communications
All notices given by you to us must be passed to Doodlebone at address, Unit 2a Beaumont Road, Banbury, Oxfordshire, OX16 1RH or email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer Of Rights and Obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks;
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
16.2.7 pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. Our Right to Vary These Terms and Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and Jurisdiction Contracts
Law and Jurisdiction Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
23. Social Media
23.1 By entering the promotion, entrants confirm that they have read and agree to be bound by these terms and conditions and all rules and guidelines applicable to the use of Instagram
23.2 Promoter: @doodlebone
23.3 Period: The promotion is open to entries between the period stated on the instagram & facebook posts. a. To enter this promotion, entrants must follow @doodlebone on Instagram, like the post and comment dogs name. b. Entrants must be UK residents, aged 18 years or over. c. One entry allowed per person, two entries if shared to story. d. If applicable, copyright in all entries shall belong to the Doodlebone. Entries shall not be returned to entrants. e. No purchase is necessary, however internet access is required.
23.4 Prize: a. Doodlebone is offering entrants the chance to win a 3x Nuri Soft bites (one of each flavour), Faux Fur blanket in stone/pink, 150 Poopbags. b. The prize is non-refundable and non-exchangeable and there is no cash alternative offered. The Promoter reserves the right to offer an alternative prize of equal or greater value.
23.5 How is the winner selected and notified: a. The winner will be randomly selected from all valid entries received during the Promotion Period by an independent person, or under the supervision of an independent person. b. The winner will be contacted within 2 days of the draw via Instagram Direct Message/ comment on the original entry using the contact details provided with their entry and will be asked to provide their full name and address. If a winner declines a prize or fails to respond within 2 days, they forfeit any right to the prize. c. The prize will be sent via registered post to the address supplied within 2 weeks of notification and the winner will be required to sign to acknowledge receipt.
23.6 Doodlebone reserves the right to discount or remove any inappropriate or offensive entries and to disqualify any entries if the promoter believes that there has been an attempt to manipulate or tamper with the operation of the promotion.
23.7 Doodlebone reserves the right to modify or discontinue, temporarily or permanently, this promotion without prior notice.
23.8 Doodlebone does not accept responsibility for network, computer or software failures of any kind and has no responsibility for lost, delayed, or misdirected entries.
23. 9 This promotion is in no way sponsored, endorsed, or administered by or associated with Facebook, Instagram or any other social media channel.
Returns and Exchange Policy At Doodlebone™
We want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items. In accordance with the Distance Selling Regulations (DSRs) Doodlebone™ gives customers a "cooling off" period in which orders can be cancelled up to 28 working days following the date of delivery. If you decide to return or exchange your order, you will be responsible for the cost of returning the item(s) to us unless we delivered the item to you in error or the item is faulty. You will receive a full refund for the product purchased providing the goods are in a re-saleable condition. When returning goods, we recommend that you pay for a tracked/signed delivery for your protection. If you are unable to return the product to us please call us on 01295 698072 as we can provide this service for you at various fees depending on the type of product(s) you are returning. Returned product(s) must be complete, unused, in an undamaged state and returned in their original outer packaging. If products are not in a re-saleable condition on return, Doodlebone™ reserves the right to charge for repair, replacement or repackaging of any products not returned in their original condition. This charge may include the cost of parts, materials, packaging, labour and any subsequent loss to Doodlebone™. Refunds will be processed as soon as possible, and in any case within 30 days from receipt of cancellation. If your goods have been damaged in transit please retain the packaging and inform us immediately, giving as much information as possible. All damaged or faulty goods will be replaced with an equivalent product, or a refund will be given.
None of the above Terms and Conditions affects your statutory consumer rights. CONDITIONS OF SALE OF EGMG LTD (Trade customers) DEFINITIONS The Company means EGMG Ltd. The Customer means the person who buys or agrees to buy the goods from the Company. Conditions means the terms and conditions of sale set out in the document and any special terms and conditions agreed in writing. Goods means the articles which the Customer agrees to buy from the Company. Contract means any contract between the Company and the Customer for the sale and purchase of the Goods, incorporating these Conditions.
The following terms and conditions apply to all orders and goods supplied and no addition or variations shall be binding upon the Company unless specially agreed in writing. No oral representation shall be binding upon the Company or vary the terms hereon. All other conditions, warranties and representations, expressed or implied, whether under Common Laws, Statute or otherwise (includes without limitation, condition, merchantability or fitness for any purpose) except as to title are hereby excluded. No terms or conditions endorsed on, delivered with or contained in the Customer’s purchase order, confirmation of order, specification or other document shall form part of the Contract or constitute a modification of these Conditions simply as a result of such document being referred to in the Contract.
No order shall be binding on the Company unless and until accepted or confirmed in writing by the Company. The Company reserves the right (without prejudice to any other rights) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer’s commitments to the Company not being met. DELIVERY OF GOODS DATES The Company will use its best endeavours to adhere as far as possible to any stated delivery dates but nevertheless, no claim will lie against the Company in respect of any damage or loss arising from delay in delivery or from non-delivery, whether such delay be caused by an act or acts of the Company, its servants or agents or by any other cause nor in such circumstances shall the Customer be entitled to cancel or terminate any order or contract. Time for delivery shall not be made of the essence by notice The Company will not be responsible for any loss or damage arising from strikes, lockouts or any other industrial dispute or from Act of God, War, National or Local Government restriction, prohibition or control, fire, flood, accidents or any other causes whatsoever beyond its control.
Unless otherwise agreed in writing the Company’s Delivery Terms are: United Kingdom Customers – Ex Works; Export Customers – FOB UK Port or for despatches by road (TIR) or rail (Train Ferry) to the inland depot or station in the United Kingdom. Despatches by post, passenger trail or air, are Ex Works. RISK OF LOSS OR DAMAGE The goods shall be at the sole risk of the Customer from the time of delivery to the Customer or to his agent or to any carrier acting for the Customer (including any such agent or carrier instructed by the Company acting on behalf of the Customer). In the event of loss or damage in transit, no claim will be accepted unless the Company is advised in writing within three days of delivery or in the case of non-delivery within 21 days of despatch. PROPERTY Property in and beneficial ownership of the goods shall remain in the Company (notwithstanding delivery of such goods to the Customer) until the Customer has paid both the full price of such goods and all other sums due to the Company but so that nothing in this condition shall effect or prejudice the provisions of condition 4(c). Pending such payment the following provisions of this condition shall be applicable to such goods: The Customer shall at all times in his fiduciary capacity hold the goods and any proceeds, rights and claims arising there from to the Company’s account and for the Company’s benefit. The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company. The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored. The Customer shall mark and keep the Goods so as to identify them clearly as the property of the Company. The Company shall be entitled at any time by its servants or agents at the Customer’s expense to enter upon the Customer’s premises and to recover and dispose of the Goods and the Customer shall make no claim against the Company in respect of any such entry or disposal save to recover any balance due to the Customer after the Company has disposed of the Goods and re-couped all sums due from the Customer to the Company. The Customer may in the ordinary course of business mix the Goods with other objects or convert the Goods into other objects whether by the process of manufacture or otherwise and whether or not such mixture or conversion renders the goods unidentifiable. In the event, the property in the mixture or the converted goods as the case may be shall forthwith pass to the Company and remain with the Company from the moment of mixture or conversion until the Customer has paid all sums whatsoever due to the Company, and the provisions of this Condition 4(d) shall apply to any such mixture or converted goods as it or they were the Goods themselves.
The Customer may in the ordinary course of business sell or otherwise dispose of the Goods or any such mixture or converted goods as aforesaid to a third party, but shall hold the proceeds of any such sale or disposal and any rights or claims against third parties arising out of such sale or disposal in a fiduciary capacity for and to the account of the Company until the Customer has paid all sums whatsoever due to the Company and the Customer shall take all steps necessary to keep such proceeds separate from other monies, to pay over such proceeds to the Company, and to transfer to the Company any such rights or claims to the extent necessary to discharge in full the Customer’s indebtedness to the Company. The Customer shall not and it is hereby agreed that the Customer has no authority to enter into any contract or condition or give any warranty or representation which may render the Company liable to any third party for breach of such contract or condition or for inaccuracy of such warranty or representation or which may render the Company chargeable to Value Added Tax or other tax or duty, and insofar as any liability or charge as aforesaid may be incurred notwithstanding the foregoing it is hereby agreed that such liability or charge shall be incurred solely by the Customer as principal and the Customer shall indemnity the Company against loss or damage suffered or occasioned or incurred by the Company in respect of such liability or charge. (e) No Goods delivered to the Customer which are in accordance with the Contract will be accepted for return without the prior written approval of the Company. If the Company agrees to accept any such Goods for return the Buyer shall be liable to pay a handling charge of 25% of the invoice price. Such Goods must be returned by the Customer carriage-paid to the Company in their original packaging.
Any damage to the goods in transit or claims for shortage should be notified to the carrier and the Company immediately following receipt at the Customer’s premises, or port of entry as the case may be. The Company will, at the request of Export Customers and for the account of such Customers, arrange marine insurances of the goods and report shipment of goods to the insurers but shall not be liable for any negligence or otherwise for any error in complying with such request or omission to do so. PRICE The price payable shall be the price in force at the time of delivery and the Company’s current price list does not constitute an offer to sell at the prices set out therein. The Company reserves the right to apply a minimum charge on small value orders. PACKING United Kingdom Customers: Wooden or metal containers will be charged for if they are not returned carriage paid and in good condition with 30 days of delivery; the Company must be notified of the return at the date of despatch. Export Customers: Prices quoted include normal packing for export and such packing is non-returnable. PAYMENT United Kingdom Customers: The Company’s payment terms are 30 days’ from date of invoice, unless otherwise agreed in writing.
Export Customers: Orders from Customers outside the United Kingdom are accepted subject to either the following modes of payment having been arranged: Net cash with order, OR deposits at a bank nominated by the Company or an irrevocable documentary credit or a first-class bank, or an overseas bank bearing the confirmation of a first-class London bank; unless other payment terms shall first have been agreed by the Company. (c) The Customer hereby waives any cross-claim against any payment due and shall make all payments due under the Contract in full without any deduction whether by way of setoff, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer
Goods for delivery to consignee outside the United Kingdom may be subject to United Kingdom Export Control as well as to Import Control at destination. Orders therefore cannot be entered unless the Customer advises, with relevant reference, that he has obtained any necessary import documents at destination. In addition, certain documents may be required to support the Company’s application for Export Licences and no shipment can be processed until these documents are lodged with the Company. DESCRIPTION AND SPECIFICATION Whilst every effort is made to ensure accuracy the descriptions, illustrations and material contained in any catalogues, price lists, brochures, leaflets or other descriptive matter represent the general nature of the items described therein but do not form part of any order or contract or amount to any representation or warranty. The Company reserves the right to modify the design of goods without notice.
Subject as provided below, the Company warrants all goods manufactured by it to be free from defects in material and workmanship, but its sole liability under such warranty shall be limited to replacing or issuing a credit as its option for any goods which within twelve (12) months or delivery are returned, carriage paid, to the Company and which the Company accepts as having been defective in materials and workmanship. The Company shall incur no liability under this warranty: unless the Goods have been paid for in full; unless the Company is promptly notified in writing upon the discovery of any defects by the Customer; for any goods in which the alleged defect is found on examination to have been caused in whole or in part by misuse, neglect, overload, unsuitable lubricant, improper installation or repair, alteration or accident; for any transport, installation, removal, labour or other costs; for any proprietary or other goods not manufactured by the Company but the Company will use its best endeavours to pass on to the Customer the benefit of any claim made by the Company and accepted by the manufacturer of such goods under a warranty given by the manufacturer.
The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: any breach of these conditions; Any use made or resale by the Customer of any of the Goods, or of any product incorporating any of the Goods; and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. Nothing in these conditions excludes or limits the liability of the Company: for death or personal injury caused by the Company’s negligence; or under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation.
Subject to the above:
the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and the Company shall not be liable for any loss or damage direct or consequential, whether in contract, tort or otherwise, of whatsoever nature or to whomsoever or whatsoever caused arising out of or through the use of any goods supplied by it. The Customer shall indemnify the Company against all claims made against the Company by any third party in respect thereof.
Any service or advice which may be offered by the Company, its servants or agents to users of its goods is rendered in all good faith but the Company shall not be liable for any loss or damage arising there from. SPECIAL MATERIAL AND PRODUCTS Where special material or products are required, it is a condition of sale that the Company reserves the right to deliver, and charge for, 10 per cent (10%) more or less than the quantity ordered. Unless otherwise agreed in writing the Company does not accept any restriction of its right to manufacture, sell or offer to any other Customers, goods which may be manufactured specially for a specific Customer or Customers or goods of like pattern. EXHIBITIONS It is a condition of sale that the Company’s goods may not be advertised or exhibited at any Show, Display or Exhibition, other than on the purchaser’s own premises, or entered for any event with the Company’s approval first being obtained. GENERAL Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract. The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. (f) These Conditions and the Contract shall in all respects be construed and operate in accordance with English Law.