Terms and conditions of sale
Terms & Conditions
| 1. Prices a) The Price shall be that on the Seller’s current list price, web site, or if applicable the price contained in the Seller’s Quotation. Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund. b) All Prices are exclusive of VAT and charges for packing, postage and carriage (plus VAT) which shall be paid in addition. 2. Delivery a) Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. b) Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 3. Indemnity The buyer shall indemnify the Seller against all claims in respect of any loss, injury or damage sustained by a third party arising from the sale of the Goods to the buyer howsoever caused and also against all actions, proceedings, costs, claims, demands and expenses made, brought or claimed against the Seller in respect of the infringement of any patent, trade mark, registered design or similar right arising from the manufacture or supply of any Goods or the doing of any work or the use of any article or material by the Seller to the design or specification or upon the instruction or order of the buyer. 4. Risk and property a) Reservation of title of any Goods sold by the Seller remains with the Seller until such time that the Goods have been paid in full. b) The buyer acknowledges that the buyer is in possession of the Goods solely as bailee for the Seller until such time as the full price thereof is paid to the Seller together with the full price of any other Goods the subject of any other contract with the Seller. c) Until such a time as the buyer becomes the owner of the Goods, the buyer will store them on his premises separately to the buyers own Goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Seller. d) The buyers right to possession of the Goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would enable any person to present a petition for winding up. The Seller may for the purpose of recovery of his Goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. e) Subject to the terms hereof the buyer is licensed by the Seller to agree to sell the Sellers Goods, subject to the express condition that such an agreement to sell shall take place as agents and bailees for the Seller whether the buyer sells on his own account or not and that entire proceeds thereof are held in trust for the Seller and are not mingled with other monies and shall be at all times identifiable as the Seller’s monies. f) If the buyer has not received the proceeds of any such sale, he will upon being called upon so to do by the Seller; within seven days thereof assign to the Seller all rights against the person or persons to whom the buyer has supplied the Goods. 5. Force Majeure a) In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver Goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented. b) Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage. 6. Liability a) If the Goods or any part thereof are defective solely as a result of the faulty materials or workmanship of the Seller, the Sellers liability shall be limited, at it’s discretion, either to replacing such Goods or the defective part thereof ( as the case may be) or to giving the buyer credit for the value thereof but no such liability shall arise unless notification of any defect is received by the Seller in writing within ten days (United Kingdom) to thirty days (Export) from the receipt of the Goods by the buyer and the allegedly defective Goods are thereafter returned to the Seller carriage paid. b) Save as is provided by these Conditions of Sale and save for the Sellers implied undertaking as to title, etc contained in S.12 of the Sale of Goods Act 1979, all conditions and warranties express or implied statutory or otherwise and, except as provided in S.2 of the Unfair Contract Terms 1977 (liability for death or personal injury resulting from negligence), all other obligations and liabilities whatsoever of the Seller whether in contract or in tort or otherwise are excluded. 7. Cancellation and returns If it is agreed that the Goods are to be returned:- a) a Goods Return number obtained from the Seller must be clearly shown on the returned parcels. The Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault. b) the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required. 8. Orders and specifications a) No order submitted by the buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Sellers authorized representative. b) The buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the buyer. c) The quality, quantity and description of and any specification for the Goods shall be those set out in the Seller’s quotation or the buyers order, if accepted by the Seller. 9. Terms of payment The buyer shall pay for the price of the Goods within 30 days of the date of the Sellers invoice notwithstanding that the property in the Goods has not passed to the buyer. The time of payment of the price shall be of the essence. If the buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: a) cancel the contract or suspend any further deliveries to the buyer. b) appropriate any payment made by the buyer to such of the Goods (or the Goods supplied under any other contract between the buyer and the Seller) as the Seller may think fit (notwitstanding any purported appropriation by the buyer) and c) charge the buyer (both before and after any judgment) on the amount unpaid at the rate of five per cent per annum above the Bank of England base rate from time to time until payment in full is made. 10. Law This contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts. Our Contact details: ECH Solutions Cockbury, Keble Road, France Lynch, Stroud, Glos GL6 8LN Phone: 07855 857131 Email: emma [at] echsolutions [dot] co [dot] uk |
| Reaching Us If you need to reach us, please email us using the link on the store page, alternatively, you can call on 07855 857131(International +44 7855 857131 ) or write to us at Cockbury, Keble Road, France Lynch, Stroud, Glos GL6 8LN United Kingdom |
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