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Conditions of Use Conditions of Use

1 Business customers and consumers

1.1 Some of these terms apply to consumers only; some apply to
business customers only. Those terms are marked as such.

1.2 All other terms apply to all customers.

1.3 You are classified as a business customer if you indicate to us
that the goods supplied by us will be used in the course of your
business or if you use the goods in the course of your business.

1.4
If you are not a business customer, you are a consumer.
Nothing in these terms affects your statutory rights as a
consumer.

2 Price

2.1 The price quoted excludes VAT (unless otherwise stated). VAT
will be charged at the rate applying at the time of delivery.

2.2 All orders for non-stock and special badged items that you
place with us are subject to a pre-VAT minimum value of
100 pound sterling and a deposit of 25% in cash or in cleared
funds of the pre-VAT value and such orders must be in writing.

2.3 Our quotations lapse after 30 days (unless otherwise agreed).

2.4 Business customers: Unless otherwise stated, the price
quoted to business customers is an illustrative estimate only
and the price charged will be our price current at the time of
delivery.

2.5 Business customers: Rates of tax and duties on the goods
will be those applying at the time of delivery.

2.6 Business customers: At any time before delivery we may
adjust the price to reflect any increase in our costs of supplying
the goods.

2.7 Telephone Order Charges: Orders taken over the phone
will be subject to a 5 pound sterling administration charge.

3 Delivery

3.1 FREE Delivery only applies to Business customers & Consumers
who live within the North West of the UK, all other areas will incur
a delivery charge.

3.1.1 The goods are at your risk from the time of delivery.

3.2 Delivery takes place either:

3.2.1 at our premises (if you are collecting it or arranging carriage);

or

3.2.2 at your premises (if we are arranging carriage).

3.3 Business Customers: You must inspect the goods on
delivery. If the goods are damaged (or not delivered), or there
is a short delivery, you must write to tell us within 24 working
hours of delivery (or the expected delivery time). You must
give us (and any carrier) a fair chance to inspect the goods . If
you do not inform us within the 24 working hours then you will
be deemed to have accepted the goods.

3.4 Consumers: You must inspect the goods on delivery. If the
goods are damaged (or not delivered), or there is a short
delivery, you must write to tell us within three days of delivery
(or the expected delivery time). You must give us (and any
carrier) a fair chance to inspect the goods . If you do not inform
us within the three days then you will be deemed to have
accepted the goods.

3.5 All delivery times quoted are estimates only and we shall not
be liable for any damages arising from any delay in delivery.

3.6 If we fail to deliver within a reasonable time, you may (by
informing us in writing) cancel the contract, however:

3.6.1 you may not cancel if we receive your notice after the goods
have been dispatched; and

3.6.2 if you cancel the contract, you can have no further claim against
us under that contract.

3.7 If you accept delivery of the goods after the estimated delivery
time, it will be on the basis that you have no claim against us for
delay (including indirect or consequential loss, or increase in
the price of the goods).

3.8 We may deliver the goods in instalments. Each instalment is
treated as a separate contract.

3.9 All small orders will be subject to a delivery charge (unless
otherwise agreed in writing). We shall advise you when you
order if a small order delivery charge is applied and the amount
of our current charge.

4 Delivery and safety

4.1 We may decline to deliver if:

4.1.1 we believe that it would be unsafe, unlawful or unreasonably
difficult to do so; or

4.1.2 the premises (or the access to them) are unsuitable for our
vehicle.

5. Payment terms

5.1 You are to pay us cash or in cleared funds (such as payment by
credit card) before delivery unless you have an approved credit
account.

5.2 Business customers: If you have an approved UK business
credit account, payment is due within 30 days of our invoice
date.

5.3 If you fail to pay us in full on the due date:

5.3.1 we may suspend or cancel future deliveries;

5.3.2 we may cancel any discount offered to you;

5.3.3 you must pay us interest at the rate set for the purposes of s6
of the Late Payment of Commercial Debts (Interest) Act 1998:

a. calculated (on a daily basis) from the date of our invoice
until payment;

b. compounded on the first day of each calendar month; and

c. before and after any judgement.

5.4 If you have an approved business credit account we may
withdraw it or reduce your credit limit or bring forward your
due date for payment.

5.5 We may take any of those actions in 5.4 at any time and
without notice.

5.6 You do not have the right to set off any money you may claim
from us against anything you may owe us.

5.7 While you owe money to us, we have a right to keep any
property we may hold of yours until you have paid us in full (a
lien)

5.8 You are to indemnify us in full and hold us harmless from all
expenses and liabilities we may incur (directly or indirectly and
including legal costs) following any breach by you of any of your
obligations under these terms.

5.9 Time of payment is a very important term of the contract
between us.

6 Title

6.1 Consumers: s18 Sale of Goods Act 1979 applies.

6.2 Business customers: Until you pay all debts you may owe us:

6.2.1 All goods supplied by us remain our property;

6.2.2 you must store them so that they are clearly identifiable as our
property;

6.2.3 you must insure them (against the risks for which a prudent
owner would insure them) and hold the policy on trust for us;

6.2.4 you may use those goods and sell them in the ordinary course
of your business, but not if:

a. we revoke that right (by informing you in writing); or

b. you become insolvent.

6.3 Business customers: You must inform us (in writing)
immediately if you become insolvent.

6.4 Business customers: If your right to use and sell the goods
ends you must allow us to remove the goods.

6.5 Business customers: We have your permission to enter any
premises where the goods may be stored:

6.5.1 at any time, to inspect them; and

6.5.2 after your right to use and sell them has ended, to remove
them, using force if necessary.

6.6 Despite our retention of title to the goods, we have the right
to take legal proceedings to recover the price of goods
supplied should you not pay us by the due date.

6.7 You are not our agent. You have no authority to make any
contract on our behalf or in our name.

7 Warranties

7.1 We warrant that the goods:

7.1.1 comply with their description on our acknowledgement of
order form; and

7.1.2 are free from material defect at the time of delivery (as long as
you comply with clause 3.3).

7.2 Business customers: We give no other warranty (and
exclude any warranty, term or condition that would otherwise
be implied) as to the quality of the goods or their fitness for
any purpose.

7.3 Consumers: Your statutory rights are unaffected by these
terms.

7.4 If you believe that we have delivered goods which although
undamaged are defective in material or workmanship, you must
inform us (in writing) with full details, as soon as possible, and
allow us to investigate (we may need access to your premises).

7.5 If the goods are found to be defective in material or
workmanship (following our investigations), and you have
complied with those conditions (in clause 7.4) in full,we will (at
our option) replace the goods or refund the price.

7.6 We are not liable for loss or damage (including indirect or
consequential loss, financial loss, loss of profits or loss of use)
arising from the contract or the supply of goods or their use,
even if we are negligent.

7.7 In any event our total liability to you (even if arising from two
or more claims) is limited in damages to the price of the goods.

7.8 Nothing in these terms restricts or limits our liability for death
or personal injury resulting from negligence.

8 Specification

8.1 Suppose we are to prepare the goods in accordance with your
specifications or instructions. You must then ensure that the
specifications or instructions are accurate. You must ensure
that goods prepared in accordance with those specifications or
instructions will be fit for the purpose for which you intend to
use them.

9 Return of goods

9.1 We will accept the return of goods from you only:

9.1.1 by prior arrangement (confirmed in writing);

9.1.2 on payment of a handling charge of 25% of the pre-VAT cost of
the goods (unless the goods were defective when delivered or
they were wrongfully delivered); and

9.1.3 where the goods (including any special badged items) are as fit
for sale on their return as they were on delivery.

10 Exports

10.1 Where the goods are supplied by us to you by way of export
from the United Kingdom then the ‘Incoterms’ of the
International Chamber of Commerce (in force at the date
when the contract is made) apply.

10.2 If there is any conflict between the Incoterms and these terms
of trading then these terms prevail.

10.3 Clause 10 of these terms apply to exports (except where
otherwise agreed in writing between us).

10.4 You are responsible for complying with any legislation or
regulations governing the importation of the goods into the
country of destination and for the payment of any duties due.

10.5 Unless otherwise agreed between us the goods shall be
delivered f.o.b. the air or sea port of shipment and we are
under no obligation to give a notice under section 32(3) of the
Sale of Goods Act 1979.

10.6 You have the right at your expense and by arrangement with us
to inspect the goods at our premises or at the point of
shipment before shipment except where otherwise agreed. If
you do not exercise that right then the fact the goods passed
our quality inspection will be conclusive proof that they were
of the warranted quality. We are not liable for any defect in the
goods which would be apparent on your inspection unless a
claim is made before shipment. We are not liable for any
damage during transit.

10.7 Payment of all amounts due to us shall be made to us as
stipulated by us unless otherwise agreed in writing.

10.8 We shall have no liability for death or personal injury arising
from the use of the goods where the goods are to be delivered
in the territory of another State (within the meaning of
s.26(3)(b) Unfair Contract Terms Act 1977).

11 Cancellation

11.1 Suppose the order is cancelled (for any reason). You are then
to pay us for all stock (finished or unfinished) we may then hold
(or to which we are committed) for the order.

11.2 We may suspend or cancel the order, by written notice if:

11.2.1 you fail to pay us any money when due (under the order or
otherwise);

11.2.2 you become insolvent; or

11.2.3 you fail to honour your obligations under these terms.

11.3 Business users only: You may not cancel the order unless we
agree in writing (and clauses 11.1 and 3.6.2 then apply).

12 Waiver and variations

12.1 Any waiver or variation of these terms is binding in honour
only unless:

12.1.1 made (or recorded) in writing;

12.1.2 signed on behalf of each party; and

12.1.3 expressly stating an intention to vary these terms.

13 Force majeure - business customers only

13.1 Suppose we are unable to perform our obligations to you (or
able to perform them only at unreasonable cost) because of
circumstances beyond our control. We may then cancel or
suspend any of our obligations to you, without liability,

13.2 Examples of those circumstances include act of God, accident,
explosion, fire, transport delays, strikes and other industrial
disputes and difficulty in obtaining supplies.

14 General

14.1 English law is applicable to any contract made under these
terms. The English courts have non-exclusive jurisdiction.

14.2 If you are more than one person, each of you has joint and
several obligations under these terms

14.3 If any of these terms are unenforceable as drafted:

14.3.1 it will not affect the enforceability of any other of these terms;

and

14.3.2 if it would be enforceable if amended, it will be treated as so
amended.

14.4 We may treat you as insolvent if:

14.4.1 you are unable to pay your debts as they fall due; or

14.4.2 you (or any item of your property) becomes the subject of:

a. any formal insolvency procedure (examples of which
include receivership, liquidation, administration, voluntary
arrangements or bankruptcy);

b. any application or proposal for any formal insolvency
procedure; or

c. any application, procedure or proposal overseas with
similar effect or purpose.

14.5 Business customers: all brochures, catalogues and other
promotional materials are to be treated as illustrative only.
Their contents form no part of any contract between us and
you should not rely on them in entering into any contract with
us.

14.6 Business customers: any notice by either of us which is to
be served under these terms may be served by leaving it at or
by delivering it to (by first class post or by fax) the other’s
registered office or principal place of business. All such notices
must be signed.

14.7 No contract will create any right enforceable (by virtue of the
Contracts [Rights of Third Parties] Act 1999) by any person not
identified as the buyer or seller.

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