THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF
ANY CONSUMER
1. DEFINITIONS
& INTERPRETATION
1.1 In
these conditions, the following words and phrases shall have the meanings
ascribed to them below:
1.1.1 "Customer"
means the person or party who purchases the Products from the Seller;
1.1.2 "Seller"
means Discount Building Supplies Limited (Company Number 05883221, VAT Number GB
902 5001 83) whose registered office is at Orchard Chambers, Rocky Lane ,
Heswall, Wirral, Merseyside, CH60 0BY, trading as survequip.com;
1.1.3 "Contract"
means any contract between the Seller and the Customer for the sale and purchase
of the Products, subject to and incorporating these conditions;
1.1.4 "Products"
means any Products agreed in the Contract to be supplied to the Customer by the
Seller (including any part or parts of them).
1.2 A
reference to a particular law is a reference to it as it is in force for the
time being taking account of any amendment, extension, application or
re-enactment and includes any subordinate legislation for the time being in
force made under it.
1.3 Words
in the singular include the plural and in the plural include the singular.
1.4 A
reference to one gender includes a reference to the other gender.
1.5 Condition
headings do not affect the interpretation of these conditions.
2. ENTIRE
AGREEMENT
2.1 Subject
to any variation under condition 2.3 the Contract shall be on these conditions
to the exclusion of all other terms and conditions (including any terms or
conditions which the Customer purports to apply under any purchase order,
confirmation of order, communication, specification or other document).
2.2 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 simply as a result of such document being referred to
in the Contract.
2.3 These
conditions apply to all the Seller's sales and any variation to these conditions
and any representations about the Products shall have no effect unless expressly
agreed in writing and signed by a director of the Seller.
3. ORDER
PROCESS
3.1 All
orders placed by the Customer are subject to final acceptance by the Seller.
3.2 Following
receipt of any order, the Seller may send to the Customer an order
acknowledgement detailing the Products which have been ordered. This
communication is not an order confirmation or order acceptance from the Seller.
3.3 Acceptance
of the Customers order and the completion of the Contract between the Seller and
Customer will take place on despatch to the Customer of the Products ordered
unless the Seller has notified the Customer that the order has not been accepted
or it has been cancelled by the Customer.
4. DESCRIPTION
AND PRICING
4.1 The
description of the Products shall be as set out on the Seller's website at the
time the Customer places an order.
4.2 All
samples, drawings, descriptive matter, specifications and advertising issued by
the Seller and any descriptions or illustrations contained in the Seller's
website are issued or published for the sole purpose of giving an approximate
idea of the Products described in them. They shall not form part of the Contract
which is not a sale by sample.
4.3 Every
effort is made by the Seller to ensure that prices shown on the Seller's website
are accurate. If an error is found, the Supplier will inform the Customer as
soon as possible and offer the option of reconfirming the order at the correct
price, or cancelling the order. If the Seller does not receive an order
confirmation within 3 days of informing the Customer of the error, the order
will be cancelled automatically. If the Customer cancels the order, or if the
order is cancelled automatically due to the expiry of the 3 day period, the
Seller will refund or re-credit the Customer for any sum that has been paid.
4.4 All
prices are shown in UK £s
(pounds sterling) and unless expressly stated otherwise, exclude VAT and
delivery charges.
4.5
Payment must be made in full before the delivery of any Goods
except where the Customer has an agreed credit account.
If any act or
proceedings shall be commenced in which the Customer's solvency is concerned,
all monies under any transaction covered by these Conditions shall become
immediately due and payable.
5. DELIVERY
5.1 Delivery
of the Products shall be made:
5.1.1 to
the Customers address;
5.1.2 at
the Sellers sole discretion, to any address specified by the Customer; or
5.1.3 by
the Customer collecting Products at the Seller's premises at any time after the
Seller has notified the Customer that the Products are ready for collection.
5.2 The
Customer acknowledges that it may be required by the Seller to provide proof
address and identification (in the form of photo identification) prior to
delivery being made.
5.3 Any
dates specified by the Seller for delivery of the Products are intended to be an
estimate and time for delivery shall not be made of the essence by notice. If no
dates are so specified, delivery shall be within a reasonable time.
5.4 If
delivery is made in accordance with condition 5.1.3 above, the Customer shall
take delivery of the Products within 5 days of the Seller giving it notice that
the Products are ready for delivery.
5.5 If
for any reason the Customer fails to accept delivery of any of the Products when
they are ready for delivery, or the Seller is unable to deliver the Products on
time because the Customer has not provided appropriate instructions, documents,
licences or authorisations:
5.5.1 risk in the Products shall pass to the Customer
(including for loss or damage caused by the Seller's negligence);
5.5.2 the Products shall be deemed to have been delivered;
and
5.5.3 the
Seller may store the Products until delivery, whereupon the Customer shall be
liable for all related costs and expenses (including, without limitation,
storage and insurance).
5.6 If
the Seller is requested to re-deliver the Products following a failed delivery
in accordance with condition 5.5, the Seller reserves the right to make an
additional charge for such re-delivery.
5.7 The
Seller may deliver the Products by separate instalments. Each separate
instalment shall be a separate Contract and no cancellation or termination of
any one Contract relating to an instalment shall entitle the Customer to
repudiate or cancel any other Contract or instalment.
5.8
The Customer shall be required to notify the Seller of any delivery shortages
within 24 hours of delivery. If the Customer fails to notify the Seller of any
such shortages within this time scale, the Customer shall be deemed to have
accepted delivery of all Products.
5.9 The Customer shall have booked any training within
3 months of date of purchase, the customer will be required to notify the Seller
of any delay in booking any training in writing at least 7 days before the
expiry of the 3 month period, failure to book training within this period will
mean that the Seller will retain any training fees paid as a non-refundable
deposit. Failure to attend pre booked training will result in the loss of any
fees charged for that day, substitute training time will not be offered and
subsequent training will need to be paid for again.
6. RISK
6.1 The
Products are at the risk of the Customer from the time of delivery.
7. PAYMENT
7.1 Payment
for the Products by the Customer can be made by any method shown on the Seller's
website.
8. CUSTOMERS
RIGHT OF CANCELLATION UNDER THE COMSUMER PROECTION (DISTANCE SELLING)
REGULATIONS 2000
8.1 If
the Customer purchases the Products using the Sellers website or telephone
number, the Customer may cancel the Contract for any reason, but no later than 7
workings days after delivery of the Products.
8.2 For
the avoidance of doubt, there shall be no right to cancel any Contract if the
Products: (i) were purchased on site at the Sellers premises; or (ii) software
or extended warranty items which have been opened or unsealed by the Customer;
(iii) are computers which have been registered in the Customers name with the
manufacturer.
8.3 The
Customer may cancel the Contract by writing to the Seller in this regard.
8.4 If
the Customer elects to cancel the Contract, they shall at their own cost return
the Products to the Sellers premises.
8.5 Whilst
the Products are in the possession of the Customer, the Customer shall be under
a statutory duty to take reasonable care of the Products.
8.6 The
Seller will deem that the Customer has not taken reasonable care of the Products
if they have been damaged in the Customers possession, (or in transit whilst
being returned) or used and not subsequently restored to their factory settings
in accordance with the instructions issued by the Seller.
8.7 The
Seller will refund the purchase price within a period of 30 days from the date
of cancellation. However, if a Returns Authorisation Number was obtained in
advance from the Seller and detailed on any returns packaging, any refund made
shall be expedited.
8.8 If
the Seller delivered the Products using a delivery service, the cost of such
delivery service may be deducted from any amount refunded pursuant to condition
8.7.
8.9 The
Seller reserves the right to make a "Service Charge" (which is advertised on the
Sellers website from time to time) if the Products are IT equipment and have not
been restored to their factory settings or that the Sellers deems that the
Customer has not taken reasonable care of the products in accordance with
condition 8.6.
8.10 The
Customer authorises the Seller to recover the Service Charge by: (i) debiting
any credit or debit card of the Seller, immediately following any refund made
pursuant to condition 8.7; or setting-off the Service Charge against any refund
made pursuant to condition 8.7.
8.11 The
Customer acknowledges that the Service Charge will compensate the Seller for any
loss suffered by it as a result of the Customers failure to take reasonable care
of the Products in accordance with conditions 8.5 and 8.6.
9. LIMITATION
OF LIABILITY
9.1 The
following provisions set out the entire financial liability of the Seller
(including any liability for the acts or omissions of its employees, agents and
sub-contractors) to the Customer in respect of:
9.1.1 any
breach of these conditions;
9.1.2 any
use made or resale by the Customer of any of the Products, or of any product
incorporating any of the Products; and
9.1.3 any
representation, statement or tortious act or omission including negligence
arising under or in connection with the Contract.
9.2 Nothing
in these conditions excludes or limits the liability of the Seller:
9.2.1 for
death or personal injury caused by the Seller's negligence; or
9.2.2 under
section 2(3), Consumer Protection Act 1987; or
9.2.3 for
any matter which it would be illegal for the Seller to exclude or attempt to
exclude its liability; or
9.2.4 for
fraud or fraudulent misrepresentation.
9.3 Subject
to condition 9.2 and condition 9.3:
9.3.1 the
Seller'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
9.3.2 the
Seller shall not be liable for any direct, indirect or consequential loss (all
three of which terms include, without limitation, pure economic loss, loss of
profits, loss of business, depletion of goodwill and similar loss), costs,
damages, charges or expenses.
10. ASSIGNMENT
10.1 The
Seller may assign the Contract or any part of it to any third party.
10.2 The
Customer shall not be entitled to assign the Contract or any part of it without
the prior written consent of the Seller.
11. UNFORSEEABLE
DELAYS
11.1 The
Seller reserves the right to defer the date of delivery or to cancel the
Contract or reduce the volume of the Products ordered by the Customer (without
liability to the Customer) if it is prevented from or delayed in the carrying on
of its business due to circumstances beyond the reasonable control of the Seller
including, without limitation, acts of God, governmental actions, war or
national emergency, acts of terrorism, protests, riot, civil commotion, fire,
explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether
or not relating to either party's workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable
materials, provided that, if the event in question continues for a continuous
period in excess of 90 days, the Customer shall be entitled to give notice in
writing to the Seller to terminate the Contract.
12. EXPORT
OF PRODUCTS
12.1 The
Products may be sold by the Seller for export from the United
Kingdom. The Customer shall comply with all applicable legislation and
regulations and payment of any duties, import taxes or other costs of import. If
the Seller notifies the Customer that export of the products into a country is
prohibited under the Sellers export licences, the Customer shall not supply or
offer the Products for supply into or within that country. The Customer shall
obtain all licences, authorisations and approvals required for export of
Products from the United
Kingdom or
import into any other country and shall indemnify the Seller against any
liability in relation to the Customers breach of any of the provisions of this
condition 12.
13. GENERAL
13.1 Each
right or remedy of the Seller under the Contract is without prejudice to any
other right or remedy of the Seller whether under the Contract or not.
13.2 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.
13.3 Failure
or delay by the Seller 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.
