Terms & Conditions
COLDROOM PARTS – CONDITIONS OF SALE
1 Application of these terms
1.1 These terms will govern the contract between Coldroom Parts(referred to as “us”, “our” or “we” in these terms) and the customer (referred to as “you” or “your” in these terms) and will prevail over any terms put forward by you, unless we expressly agree to them in writing by a Director or Company Secretary or representative of the Company authorised in writing by a Director of the Company or Company Secretary. No conduct by us, our employees, agents or sub-contractors shall be deemed to constitute acceptance of any terms put forward by you.
1.2 You may give us an order number, but it will only be accepted by us as evidence that your internal administrative system will pay our invoice. We will not accept your order number for any other purpose.
1.3 If there is a conflict between these terms and the terms of any quotation or acknowledgment of order provided by us, then these terms will prevail.
1.4 All words and expressions will be given their normal English meaning. Any dispute as to the meaning of any words will be settled by reference to the definition in the Oxford English Dictionary.
2 Formation of contract
2.1 We enter contracts at our discretion. Any contract between us will be formed on these conditions, as outlined in clause 1 above.
2.2 Each order placed with us shall constitute an individually binding contract between you and us.
2.3 Where we provide a quotation to you, such quotation is an offer and is open for 28 days (unless otherwise agreed in writing by a Director or Company Secretary or representative of the Company authorised in writing by a Director of the Company or Company Secretary) from the date printed on the quotation. We reserve the right to:
2.3.1 refuse to accept any order from you where you order some, but not all, of the goods we have provided on our quotation, and
2.3.2 withdraw the offer we have made to you at any time before you accept our offer.
3.1 It may be that a statement or representation, whether verbal or in writing, has been made to you by us, through our officers, employees or agents upon whom you rely (other than in the document(s) enclosed with the quotation or acknowledgment of order). Where this is the case, you agree to set out the statement or representation in writing and attach your comments when placing your order with us. Where you inform us of any such statement or representation, we reserve the right to confirm, reject or clarify the point and submit a new quotation, if we consider it to be appropriate.
3.2 We shall not be responsible for, or be held liable in respect of, any statement or representation relied upon by you, which is not attached to or endorsed on your order and subsequently confirmed in writing by us.
4 Prices and carriage
4.1 Unless otherwise agreed in writing, all prices include delivering the goods ordered at the address specified by you at the time of our quotation in mainland England, Scotland or Wales exclusive of VAT, which shall be due at the rate ruling on the date of our VAT invoice. Where goods are to be delivered to any other destination such as a destination abroad, we will only deliver the goods to a warehouse, depot or port or other destination of your choice in mainland England, Scotland, and Wales at no additional cost to you. You will be responsible for paying for delivery beyond that point. Additional prices will be quoted for delivery to Northern Ireland, Eire, Scottish Islands, Isle of Man, Isle of Wight, Isles of Scilly and the Channel Islands and any other offshore destinations.
4.2 Where our vehicles are delayed unduly at the point you wish the goods to be delivered through no fault of ours, you agree to pay us for both the cost of carriage and any demurrage incurred by us.
4.3 We may, by giving notice to you before effecting delivery, increase the price of the goods or impose a surcharge to reflect increased costs which are caused beyond our control, including, but not limited to the increased costs of the goods to us resulting from an increase in manufacturers’ prices or other costs such as foreign exchange fluctuations, increases in taxes, duties, the cost of fuel and the cost of labour, materials and other manufacturing costs.
5.1 Unless otherwise agreed in writing and subject to satisfactory trade references, payment shall be due and payable 30 days after the date of invoice. We reserve the right to seek trade and other references from time to time and, in our absolute discretion, to revise our payment terms to include advance payment (by way of cleared funds), payment on delivery of the goods or by irrevocable letter of credit confirmed by a UK bank approved by us or other appropriate method of payment.
5.2 Unless different terms for payment other than those set out in sub-clause 5.1 above are specifically agreed between the parties, we shall be entitled to submit our invoice, including the provision of consignment stock and any goods lent to you for any purpose whatsoever:
5.2.1 at any time on or after the date of delivery,
5.2.2 earlier, where notice has been given under sub-clause 6.1.1 below that the goods have been purchased by you and are held by us for delivery at a later date, or
5.2.3 where you have postponed delivery, then we may submit our invoice at any time after the goods are ready for delivery in the United Kingdom, or would have been ready in the ordinary course, but for your request to postpone delivery or because of any default by you.
5.3 Where we agree to offer payment terms by providing for a deposit and stage payments, you agree to make all such payments as set out in our quotation.
5.4 Where goods are delivered by instalments, we may invoice for each instalment separately and you agree to pay such invoices in accordance with this sub-clause.
5.5 No disputes arising under the contract or any other contract, nor disputes between you and a third party, delays in payment of your invoices by a third party or delays caused by unforeseen circumstances shall interfere with prompt payment in full by you or entitle you to set off any such amount or payment or counterclaim whether liquidated or unliquidated for any sum or sums.
5.6 In the event of default in payment by you or if we revise our payment terms pursuant to sub-clause 4.3, we shall be entitled, without prejudice to any other right or remedy, to:
5.6.1 suspend all further deliveries and the performance of services under the contract or both and any other contract or contracts between the parties then current without notice,
5.6.2 charge interest on any amount outstanding at the rate of 4 per cent per annum above the base rate of HSBC Bank for the time being and from time to time accruing on a daily basis from the due date of payment until payment is made, such interest being charged as a separate, continuing obligation not merging with any judgement,
5.6.3 charge you an amount equal to the increase in any applicable exchange rate on the invoice at the date of payment of the invoice compared with that prevailing at the date of invoice,
5.6.4 serve notice on you, requiring immediate payment for all goods supplied or to be supplied by us under the contract and all other contracts with you, whether or not payment is otherwise due or invoiced and at our discretion, to treat the contract as repudiated by you in whole or in part and/or,
5.6.5 to request the prompt return of the goods to us in a satisfactory condition.
5.7 You shall, on demand, reimburse us all fees, disbursements and legal costs incurred with regard to the recovery of any sums due and outstanding under the terms of any contract entered into between the parties.
5.8 On issuing orders or entering into a contract with Coldroom Parts Ltd, you agree that the directors of the company, if a limited company or the partners, if a limited partnership will be solely and/or equally personally liable for payments due up until settlement has been made by the limited company or partnership.
6.1 Where we have goods in stock that have been purchased by you and are held by us for delivery at a later date, or they are goods that are awaiting delivery or for positioning, we
6.1.1 will notify you when the goods are available, and
6.1.2 reserve the right to deliver the goods by instalments.
6.2 You will, from time to time, notify us of the date you wish us to deliver the goods in the designated premises. We will use reasonable endeavours to deliver the goods on the date you have requested but date and time of delivery shall not be guaranteed by us. Time of delivery shall not be of the essence of the contract.
6.3 If we fail to meet the time estimated for delivery (other than by reason of unforeseen circumstances) and we fail to remedy our failure within 120 days of receipt of a cancellation notice from you, you may cancel the contract between us.
6.4 We shall deliver the goods at the premises designated by you, and (subject to compliance by the occupier of the premises as set out in clause 7) will place them in position on the site as reasonably determined by you or any customer of yours.
6.5 If you wish us to deliver the goods more than three months after the date on which the goods are made available to you by us, you will pay for storage of the goods at our standard rate prevailing at the time.
6.6 In order to deliver the goods on time, you agree to provide us, in good time, with full and accurate information of the delivery address, including opening times and any unusual details of the premises to which the goods are to be delivered and positioned such as deliveries other than to the ground floor.
6.7 Should you ask us to postpone delivery, we will endeavour to comply with your reasonable request, but we shall be under no obligation to do so. Where you postpone delivery or where delivery cannot be effected, you shall pay (in addition to any sums due under sub-clause 5.2 and all other clauses) all costs and expenses, including a reasonable charge for storage and transportation so occasioned, and all payments shall be made in accordance with this sub-clause 6.7.
6.8 Where the contract is cancelled under sub-clause 6.3 above,
6.8.1 all obligations of the parties as they relate to goods which are the subject of the contract and which at the date of expiry of the cancellation notice have not been delivered and are in stock or have been manufactured and are awaiting shipping or are in the process of being manufactured shall immediately terminate., and
6.8.2 where we have goods in stock that have been purchased by you and are held by us for delivery at a later date, or they are goods that are awaiting delivery or for positioning you will pay the contract price and, at your expense, will collect those goods from the location where the goods are held by us; and
7 Your obligations
7.1 take all steps to ensure the safety of any of our representatives or contractors who visit your premises or the premises of your customer and shall comply with any legislation, regulations or orders pertaining to heath and safety. You shall fully insure against any loss to any of our representatives or contractors,
7.2 provide us and any of our representatives or contractors with full and free access to your premises, or the premises of your customer, and
7.3 provide level flooring at the premises and dismantle any windows or doors on your premises and lift any floor coverings to provide easy access for the passage (in their packaging or without) and positioning of the goods. We shall have no liability for damage caused to the premises or any floor coverings arising from the passage and positioning of the goods. If ready access is not provided at the time of delivery, we may leave the goods at or near the premises for positioning by the customer and our obligations to position and unpack the goods shall cease. In this instance risk of loss or damage to the goods will pass to you. We may charge re-delivery to site if the goods cannot be left and are returned to our premises.
7.4 ensure that every facility will be provided at no cost to us, in order that we and any of our representatives or contractors can perform, without difficulty, our obligations under the contract.
8 Risk and title
8.1 Risk of loss or damage to the goods shall pass to you when they are delivered from our transport at the place of delivery or when you collect the goods in your own transport from a location controlled by us, or where you nominate a third party to collect the goods from a location controlled by us.
8.2 Title to the goods will remain with us and shall only pass to you in the circumstances as set out below:
8.2.1 where you have paid to us all sums (including VAT and accrued interest) due from you to us under this contract, or
8.2.2 when we serve on you notice in writing specifying that title in the goods has passed to you.
8.3 We may recover goods in respect of which title has not passed to you (including, without limitation, all consignment stock and any goods lent to you for any purpose whatsoever) at any time and you hereby irrevocably authorise us, our officers, employees and agents to enter upon any premises controlled by you where the goods are stored, or are thought by us to be stored for the purpose either of satisfying ourselves that sub-clause 8.4 is being complied with by you or of repossessing goods in respect of which title has not passed to you.
8.4 Until title to the goods has passed to you in accordance with this clause 8, you shall possess the goods on a fiduciary basis as bailee for us. If we so require, you shall store the goods supplied under any contract between the parties separately from other goods and shall ensure that they are clearly identifiable as belonging to us and that they are kept in first class order and condition.
8.5 If you purchase the goods for the purposes of resale and make that purpose known to us at the time of ordering, you are permitted to sell the goods in the ordinary course of trading notwithstanding that title has not passed to you. Any other resale of the goods is prohibited.
9 Cancellation of the contract
Without prejudice to the provisions of clause 6:
9.1 We will only agree to the cancellation of the contract (if at all) on condition that all costs (including costs to us of the goods, waiting time, finance and other costs and expenses) incurred by us up to the time of cancellation by you are paid by you immediately you cancel the contract.
9.2 Goods returned to us without our prior written consent will under no circumstances be accepted for credit.
10 Variation of the contract
10.1 Should you wish to vary the terms of the contract, please get in touch with us. We reserve the right to agree or not agree to any such variation at our absolute discretion, and retain the right to pass on the cost to you of any such variation, which may include an increase in the price of the goods or services.
10.2 Any request for a variation of the contract that is accepted by us shall be agreed by us in writing. The amended price shall be based on prices charged to us plus escalation in respect of inflation and increased costs of materials and labour, if relevant.
10.3 Where we agree to any variation of the contract, the dates quoted or agreed for delivery and completion of the services shall be extended accordingly.
11.1 We reserve the right to alter or change the dimension, composition, or specification of the goods we supply and to supply goods of the current dimension, composition or specification to fulfil any order.
11.2 Where we provide information in advertising, sales and technical literature, such information is provided for general guidance only and we do not accept any liability for its accuracy or completeness, although we endeavour to ensure that the information is accurate and complete for the purposes for which it is intended to be used.
12 Shortages and defects apparent on inspection
12.1 When we deliver the goods to you or your customer,you or your customer to inspect the goods immediately before signing our delivery note, accepting that there is no damage to the goods.
12.2 Whilst we will endeavour to deliver the correct quantity of goods ordered by you, a shortfall in the quantity delivered shall not give you the right to cancel the contract if the shortfall is not significant in comparison to the quantity delivered.
12.3 Where we leave the goods unpacked, you agree to unpack and inspect the goods within three working days of their delivery.
12.4 Where there is a defect, short delivery or non-delivery, you are required to write to both us and the carrier, setting out the grounds of your complaint within seven working days of delivery in the event of defect or short delivery of any part of a consignment, or within fourteen working days of the notified date of dispatch in the event of non delivery of a whole consignment or, in either event, within such shorter period as the carrier’s conditions (if applicable) require.
12.5 Where goods are delivered to you in their packaging, you shall have no claim in respect of defects apparent on visual inspection of services performed by us, unless you send a written complaint to us within three working days of their arrival at your premises and we are given a reasonable opportunity to inspect the goods and services performed and to investigate the complaint. You shall not have a claim in respect of defects in the goods after they have been removed from their packaging and signed for acknowledging your acceptance.
12.6 If a complaint is not made to us as set out in this clause 11, then the goods and services shall be deemed to be in all respects in accordance with the contract and you shall be bound to pay for the same accordingly and may not reject them.
13 Defects not apparent on inspection
13.1 You shall have no claim in respect of defects in the goods supplied and services performed which are not apparent on visual inspection at the time of delivery or completion of performance unless:
13.1.1 you send us a written complaint as soon as reasonably practicable after the defect is discovered, although the complaint must be received by us with in 24 hours from the date of delivery, except in the case of:
18.104.22.168 limited life parts (which are parts of the goods which are of limited durability; examples of which are hoses, seals, cosmetic trim or decorative parts, gaskets, glass doors and shelves, castors, mains cables, fuses, electric bulbs, fluorescent tubes, oil filters, air filters, and other limited life or non-functional parts which are not essential to the operation of the goods), in which case the complaint must be sent within 7 days,
13.1.2 you do not use, alter or otherwise interfere with the goods after you have discovered the defect before we are given adequate opportunity to inspect the goods supplied and services performed in accordance with this sub-clause.
13.2 We shall not be liable for (and you shall indemnify us against claims arising there from) loss or damage suffered where the goods are used after you become aware of a defect or in such circumstances which should reasonably have indicated to you a defect existed.
14.1 Subject to the conditions set out below (including Condition 14.3), we warrant that:
14.1.1 the goods (other than the limited life parts) will correspond with their specification at the time of delivery and will be free from defects in materials and workmanship for a period of 6 months from the date of delivery;
14.1.2 limited life parts (as described in sub-clause 22.214.171.124 above) will correspond with their specification at the time of delivery and will be free from defects in materials and workmanship for a period of 7 days from the date of delivery; and
14.1.3 the services will be performed with reasonable skill and care;
14.1.5 the goods are free of any mortgage charge or encumbrance and you will enjoy quiet possession of them.
14.2 We provide the warranties in sub-clause 13.1 subject to the following condition,that we shall be under no liability in respect of any defect to the extent that it is or arises from
14.2.1 fair wear and tear
14.2.2 rust, scale or other deposits
14.2.3 scratching of painted or polished surfaces or glass
14.2.4 breakage of glass or dents to the goods
14.2.5 the subjection of the goods to unusual physical or electrical stress
14.2.6 any failure or fluctuation of electrical power, air conditioning, humidity control or other environmental controls
14.2.7 electrical work external to the goods
14.2.8 neglect or misuse of the goods or failure to locate or adjust the goods to operate within recommended ambient temperatures
14.2.9 where we do not transport or relocate the goods
14.2.10 any modification, adjustment or repair to the goods made by someone other than a person authorised by us
14.2.11 failure to properly and regularly maintain use or operate the goods or to follow any instruction or recommendation provided by us, including any contained in a user manual and (without limiting the foregoing) subject to reasonable and regular inspection of the goods by you
14.2.12 we shall be under no liability if the total price of the goods has not been paid by the due date for payment.
14.6 We do not give any assurance that goods not manufactured by us or any of our holding or subsidiary companies as those terms as defined in Section 736 of the Companies Act 1985 will not infringe the patent, copyright or other intellectual property rights of any other person, firm or company.
14.7 Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
14.8 Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to us in accordance with these terms, we shall be entitled at our option
14.8.2 to supply satisfactory substitute goods, or to rectify the services, or
14.8.3 to repay the price of the goods in respect of which the complaint is made, in which case the goods shall be returned to us by you at your cost.
14.10 All parts and replacement components supplied by us at our expense shall become part of the goods; and any parts or components removed from the goods shall become the property of and be returned to us at your expense, unless otherwise agreed in writing between the parties.
15 Limitation of liability
15.1 If we breach the terms of this contract, or you seek compensation and damages for any claim or claims arising of the contract between us for what ever reason, your remedy will be limited to damages. Our liability will not exceed the price of the goods supplied to you.
16 Exclusion of liability
16.1 We shall not be liable to you (except in respect of injury or death of any person for which no limit applies) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for,
16.1.1 any delay in supplying the goods, or
16.1.2 any loss of profit, business, contracts or revenues, or
16.1.3 failure to achieve anticipated savings in costs or expenses, or
16.1.4 any special, indirect or consequential loss or damage of any nature whatsoever, or
16.1.5 damage to property including without limitation damage to floor coverings, contents or fabric of the premises to which goods are delivered, the contents of any refrigerator or other cooling or freezing device or any other goods whatsoever, or for consequential loss including without limitation removal or rectification work required in connection with the installation of repaired or substitute goods or failure to supply parts under warranty, shelves, baskets or other accessories, loss of profit or wasted expenditure
17 Reasonableness of clauses 15 and 16
17.1 If you enter a contract with us, you agree that this exclusion and limitation of liability clause is reasonable and that the price agreed reflects the position on liability.
18.1 If you (being an individual) shall become bankrupt, or under the provisions of Section 123 of the Insolvency Act 1986 are deemed to be unable to pay any of your debts, or compounds with creditors or (being a Company) in the event of a resolution being passed or proceedings commenced for the administration or liquidation of your business (other than for a voluntary solvent winding up for the purposes of reconstruction or amalgamation), or if a Receiver Administrator or Manager is appointed of all or any part of your assets or undertaking, (or in the case where you are resident overseas any of the events specified above or their equivalent under the laws to which you are subject arises) we shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any other right or remedy accrued or accruing to us including, without limitation our rights under clause 4.1 and 7.3.
19 Unforeseen Circumstances
19.1 There may be times where events beyond our control prevent us from performing the agreement. If this occurs, we reserve the right to finish performing the contract when we are able. We will not be in breach of any obligation in this contract where events beyond our control prevent us from performing the contract in full.
19.2 In the event of the performance of any obligation accepted by us is prevented, delayed, or in any way interfered with for a continuous period of 120 days, we may at our option, suspend performance, modify our obligations to you or cancel our obligations under the contract and you may (whether or not we have exercised our option to suspend) at your option, cancel your obligations under the contract without liability for any damage or consequential loss without prejudice to our right to recover all sums owing to us in respect of consignments delivered, made available to you on our premises and for services performed, and manufacturing and all other costs incurred prior to the date of suspension or cancellation.
19.3 Events preventing delivery or the performance of any of our obligations to you shall include accidents beyond our control, break down of equipment, strikes, other industrial disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental rule, order or direction, fire, flood or storm, failure of transportation or the failure of the manufacturer’s equipment, machinery or other default of manufacturers and increased costs to be incurred in supplying the goods above the contract price.
20.1 The contract is between us and you and under no circumstances shall you assign the benefit or burden of it without our prior written consent. We shall be entitled to assign or sub-contract the whole or part of our obligations under the contract without seeking your permission.
21.1 If any term, clause or sub-clause or provision of this agreement (or any part of such a term, sub-clause or provision) shall be held by any court of competent jurisdiction to be illegal or unenforceable, under any enactment or rule of law, such term, sub-clause or provision or part shall to that extent be deemed severable and not to form part of the agreement, but the validity and unenforceability of the remainder of the agreement shall not be affected.
22 Attendance on site
22.1 Should we attend on your premises or the premises of any third party to perform any services in relation to the contract, then you shall indemnify us in respect of all claims made, or proceedings taken, against us (and associated legal costs) by any third party including, but not limited to, our employees, your employees or the employees of any third party or of any contractor employed by you or us or the personal representatives or dependants of such employees or other third parties in respect of death, personal injury or damage to property (including damages as a result of fire or explosion) caused by or arising out of the services in any manner whatsoever.
23 Specific export terms
The following special terms shall apply in the case of goods for export overseas:
23.1 Any quotations issued in a currency other than sterling may, unless otherwise agreed in writing, be subject to amendment by us in the event of an increase of 2 per cent or more in the applicable exchange rate prior to the date of invoice compared with that prevailing at the date of quotation.
23.2 You shall be solely responsible for obtaining all necessary import authorisations, the payment of any applicable import taxes, imposts or duties and we shall be under no obligation to give you the notice specified in Section 32(3) of the Sale of Goods Act 1979.
23.3 The Carriage of Goods by Sea Act 1971 shall apply to this contract.
23.4 The Schedule to the Uniform Law on International Sales Act 1967 shall not in any circumstances apply to the contract and neither shall the limits imposed by the Unfair Contract Terms Act 1977 on the extent to which liability can be excluded.
23.5 Not including destinations within Great Britain but which are not on the mainland and unless otherwise agreed in writing by us, payment shall be made by irrevocable letter of credit confirmed by a UK bank approved by us prior to the date of delivery.
23.6 All goods which pursuant to a specific agreement and to be returned to us must be shipped prepaid by you.
23.7 Risk or loss in the goods shall pass on delivery of the goods to you or on shipment
24 Rights of third parties
In accordance with s 1(2) (a) of the Contract (Rights of Third Parties) Act 1999, the parties intend that no term of this agreement may be enforced by a third party.
25 Easing the terms of this agreement
If we decide, temporarily, to relax the enforcement of these terms and conditions we may at any time decide to apply the terms strictly again
26 Survival of terms
No terms shall survive the expiry or termination of this agreement unless expressly provided.
27 Applicable law and jurisdiction
The contract between us is to be governed by and construed according to English law and the parties agree to submit any disputes to the exclusive jurisdiction of the English courts.
28 The Company do not store credit card details nor do we share customer details with any 3rd parties.
29 The Company uses FedEx, Royal Mail and other reputable transport companies for the purposes of safe conveyance of goods to the customer. The Company will endeavour to ship within four days of order and uses 48 hour courier service as a default, but reserves the right to ship directly from 3rd parties should the need arise.
30 The Company shall only accept claims from non delivery after a period of 21 days from despatch date.
31 The Company may accept cancellation of orders upto the point of despatch. Returns made past despatch will be returned at the cost of the customer and may be subject to a restocking charge of 25%. Special order items including made to measure products that are cancelled will incur a higher cancellation fee.
32 The Company will (at the Company’s option) either replace or refund the price of any Goods which are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery or to be a shortfall in quantity delivered provided that:
32.1 the customer inspects the Goods on delivery and notifies the Company within 24 hours of delivery of any alleged defects, shortage in quantity or damage. If the customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of them;
32.2 when signing for deliveries the customer must state clearly on the delivery note any damage or shortages;
32.3 loss or non-delivery must be notified in writing to the Company and to the carrier within fourteen days of the despatch date on the advice note or invoice;
32.4 where a defect would not have been apparent on a reasonable examination under clause 32.1, the customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within one hundred and eighty (180) days of delivery whichever is earlier; and
32.5 the customer provides all information and assistance required by the Company to investigate any suspected defect and, if required, permits the Company to inspect the Goods concerned at any premises where the same are located. Goods returned which are over twenty eight (28) days old from the date of purchase may be replaced with a refurbished or repaired product.
33. The Company shall not be responsible for affixing any warning notices to the Goods or their packaging, this shall be the responsibility of the customer who is deemed to have full knowledge of the Goods in relation to safety and otherwise.
34. The Company will only accept the cancellation of orders as follows:
(a) Goods are not sold on a trial basis. Customers should check the specifications and suitability of the Goods before ordering. The Company does not warrant the suitability of the Goods for specific applications.
(b) Goods which have been incorrectly ordered will only be accepted for return with the prior approval of the Company.
(c) Returned Goods will only be accepted if they are: correctly packed in the original packaging with the manuals, returned with the necessary proof of delivery and purchase, and have not been used. A restocking charge of 25% of the value of the Goods will be charged to the customer on all such Goods.
(d) If the customer cancels the Goods whilst the Goods are still in transit, an abortive delivery charge will be charged to the customer.
(e) Goods may not be returned without a Goods Return Authorisation Number which can be obtained from the Company by contacting the Company Sales Department on 08456800235.
(f) Any item ordered that is not normally held in stock will be ordered on the customers behalf from the manufacturer or other supplier. Such items cannot be returned if the customer decides that it is no longer required.
Under our standard terms and conditions, the buyer is responsible for arranging decommission and removal of the product to an AATF. The buyer must therefore finance the collection, delivery and processing of the equipment when it reaches end of life.