General Terms & Conditions of Sale
GENERAL
1) In the general terms and conditions of sale:
"the company" means System Hygiene, Barnfield Way, Altham Business Park, Altham, Accrington, Lancashire, BB5 5YT. Tel: 01282 777999, Fax: 01282 777900, E-mail: sales@systemhygiene.co.uk
"the buyer" means the person firm or company ordering or buying the goods for the company.
"the goods" means the goods the subject matter of the relevant order or contract for sale.
2) No contract in respect of the Goods between the company and the Buyer shall exist until the Buyer's order has been accepted by the company. In the event that the Buyer's order seeks to make the sale subject to terms different from these conditions, acceptance of the buyers order by the Company (whether or not such acceptance is effected by a formal order acknowledgement) shall be deemed to be a fresh offer by the company on the basis of these conditions, in the event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the goods by the buyer shall constitute acceptance of the Company's offer, and the Contract of Sale shall be formed at that moment- No conditions or terms of these conditions except insofar as the same are expressly consented to in writing by the Company.
PRICE
3) Quoted prices include the cost of normal packaging, delivery, but do not include installation charges (where applicable).
4) The prices for the Goods shall be those ruling at the date of dispatch and the Company reserves the right to amend its quoted prices at any time prior to the date of dispatch.
DELIVERY AND PAYMENT
5) a) Unless otherwise specified the price quoted is for delivery of the goods to the Buyer's address. A charge may be made to cover any extra costs involved for delivery to a different address, or delivery outside our normal delivery area.
b) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
c) Should the Goods be suspended at the request of or delayed through any default of the Buyer for a period of 30 days the Company shall be entitled to payment for Goods specially ordered and other additional costs including storage.
6) The Goods shall be paid for not later than 30 days after the date of the relevant invoice. Interest is payable to the Company on the gross amount of any overdue sum at the rate of 1.5% per month above the then current base rate of the Bank of England calculated on a daily basis from the due date until the date of payment provided that if the Company shall refrain from charging interest for any period in respect of any such overdue sum. That will not prejudice its right to charge interest for any earlier or later period in respect of that sum or for any period in respect of any other sum.
7) Notwithstanding the provisions of Condition 6 hereof, the Company may at its absolute discretion lay down such reasonable standards, limits, security and guarantee requirements, or other reasonable restrictions in credit to be afforded by the Company to the Buyer (including appropriate placing the Buyer on stop credit or requiring the Buyer to buy on a pro forma basis only) as it thinks fit.
PURCHASE OF PRODUCTS
When you place an order on our eBay Shop you will receive a confirmation email. Our acceptance of your order does not take place until despatch of the order, at which point the contract for the purchase of goods will be made.
We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
a) The product ordered being unavailable from stock.
b) Our inability to obtain authorisation of payment.
c) The identification of an error within the product information, including price or promotion.
d) The product is age restricted.
d) If we suspect any fraudulent activity.
If there are any problems with your order we will contact you. We reserve the right to reject any offer to purchase by you at any time. We will take all necessary steps to keep the details of your order and payment secure.
Prices are subject to change without notice. These changes will not affect orders that have already been despatched. Prices are inclusive of VAT (where applicable).
Goods are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.
We continually update our eBay Shop
TITLE AND RISK
8) Notwithstanding delivery and the passing of risk, the property of the Goods shall remain in the Company until the Buyer has paid all monies owed by it to the Company under this or any other contract or otherwise. If any of the Goods are processed into, incorporated in, used as materials for or mixed with other goods or materials prior to such payment the property (but not the risk) in the whole of such goods or materials shall pass to the Company at the moment of such processing, incorporation, use or admixture and shall remain with the Company until payment of all such monies as are specified in this condition. Until such payment is made the Buyer shall possess all Goods and materials the property in which is vested in the Company by virtue of this condition on a fiduciary basis only and, if the Company so requires, the Buyer shall store such Goods and materials at no cost to the Company so that they are clearly identified as belonging to the Company. If any payment is overdue the Company may (without prejudice to any of its other rights and remedies) recover and resell any or all of such Goods or materials and may enter upon the Buyer's premises for that purpose. The Buyer has the right to sell for the account of the Company any Goods or materials the property in which is vested in the Company by virtue of this condition. In such event the Company shall be entitled to, and the Buyer shall be under a fiduciary duty to account to the Company for, the proceeds of such sale to the extent that any monies are owed by the Buyer to the Company. In addition, the Company shall be entitled to make a claim directly against the Buyers customer for any purchase monies unpaid by the customer and the Company shall be entitled to retain from any monies due to the Company from the Buyer plus all costs and expenses involved in making the claim. If there is any excess the Company will return this to the Buyer.
9) Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to the Buyer.
BUYER’S PROPERTY
10) The Buyer’s property and all property supplied to the Company by or on behalf of the Buyer shall, while it is in the possession of the Company or in transit to or from the Buyer, be deemed to be at the Buyer's risk and the Buyer shall insure accordingly.
LOSS OR DAMAGE IN TRANSIT OR NON-DELIVERY
11) The Buyer shall examine the Goods immediately they are delivered to the Buyer. The Company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery unless the same are submitted in writing to the Company within 14 days after delivery of the Goods, or in the case of non-delivery 14 days after the invoice date.
LATE DELIVERY
12) Whilst the Company will use its best endeavour to deliver the Goods in accordance with the Buyer’s requirements, the Company will not be liable for any consequences of late delivery howsoever caused.
DEFECTIVE PRODUCTS
13) The Company's liability (both in contract and tort) in respect of defects in the Goods shall be limited to the replacement of faulty items or material, or the issue or credit notes in respect thereof or the granting of a refund or such other compensatory measure as the Company at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or the value, and the Company shall not in any circumstances be under any liability to the Buyer in respect of indirect or consequential loss or damage, or loss or profits, sustained by the Buyer PROVIDED, always that these conditions do not exclude or restrict the Company's liability for death or personal injury arising from its negligence.
FORCE MAJEURE
14) The Company reserves the right to cancel, vary or suspend the operation of the contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire. floods, storm, plant breakdown, strikes, lock-outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of the Company, and the Company shall not be held liable for the breach of contract resulting from such event.
CANCELLATION
15) The Company may withhold, reduce or suspend deliveries under the contract of sale, and may recover all losses resulting therefrom if the Buyer -
a) Fails to make payment on the due date under contract with the Company, or
b) Enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a court shall it to be wound up, or commits an available act of bankruptcy, or
c) Is in breach of any of the terms and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights). The exercise of rights under condition 15 shall be without prejudice to the Company's other rights or remedies.
SALES PROMOTION DOCUMENTATION
16) Whilst the Company takes every precaution in the preparation of its eBay Shop listings, prices, literature, downloads and links, these documents and content are for the Buyer’s general guidance only and the particulars contain therein shall not constitute representations by the Company and the Company shall not be bound thereby.
PRODUCT SPECIFICATION
17) The Company reserves the right at any time to adjust the specification of its products and to adjust the price therefore accordingly.
LEGAL PROVISIONS
18) These general terms and conditions of sale shall be construed in accordance with English law. From time to time we may evaluate your account and use your details to send special offers and promotions.
HEADINGS
19) The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
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