A copy of these conditions covers every order as the 'Terms of Sale' The order that is placed by you as the customer and/or a quotation which we submit to customers and is therefore forms part of the business contract. In the case of business concluded orally your attention will be drawn at the time to those conditions of which copies are available upon request. Any variation of these conditions in any document of the customer shall be effective and inapplicable unless specifically accepted in writing by us.
This Terms of Sale is made, and any contract arising therefore is entered into on the following conditions:
1. (A) All quotations, listed prices, advertisements and listings are subject to withdrawal or alteration without notice.
(B) Goods offered or agreed to be supplied will be charged in accordance with prices of materials and labour ruling at the date of delivery.
2. We do our best to ensure that the goods that we supply are in accordance with the order and specification of the customers so far as quantity, size and quality are concerned. However, we accept no responsibility for the specification itself nor do we warrant that any goods supplied by us are tested or sold as suitable for any particular purpose treatment, conditions or that the goods possess any particular qualities save as may be set out in the customer’s specification. We can accept no claim for consequential loss or damage resulting from the use of our goods.
(B) Where applicable, Certificate of Conformity can be provided upon request.
3. (A) All offers, quotations and contracts are subject to the express condition that we will not be in any way responsible for the loss damage or delays arising from strikes, lock-outs, cessation of labour, transport delays, shortened hours of labour, accident of any kind, perils of the sea or rivers, war or the like of any other cause of contingency whatsoever beyond our control whether ejusdem generis with the preceding causes or not.
(B) Should we be prevented from delivery part of the goods by reason of any of the causes referred to in clause 4, hereof we will deliver and the customer will take such part of the goods as we shall at the time fixed for delivery, be able to deliver. The customer shall pay for the goods so delivered the same proportion of the pries as the goods delivered bear to the whole of the goods agreed to be sold.
(C) Notwithstanding the rate or time of delivery provided for in relation to any transaction, no guarantee or warranty as to rate of delivery or time of delivery is given or implied.
(D) Where delivery is to be made by instalments failure by the customer to accept or pay for any instalment may be treated by us as repudiation of the contract.
(E) A defect accepted in goods supplied by us when delivery is to be made by instalments, shall not entitle the customer to cancel the remainder of the contract order.
4. (A) All goods supplied by us shall remain the sole and absolute property of us until such time as the customer shall have paid us the agreed price together with the full price of any other goods the subject of any other contract with us.
5. (A) Should any items supplied prove defective in consequent or faulty material or workmanship within Thirty days of delivery we will replace such item but shall be under no further obligation or liability whatsoever. A 12-month manufacturer’s warranty is in force from date of delivery. After 30 days’ delivery the manufacturer’s warranty covers faulty material or workmanship of which we will replace/repair such item but shall be under no further obligation or liability whatsoever.
(B) Any customer wishing to have an item replaced under warranty will require to send the item back to ourselves for full inspection. Should it be discovered that there has been no defective in consequent or faulty material or workmanship, misuse or reckless operation of the product then we refuse the right to refuse the claim. The customer will be liable for postage, packaging, inspection and storage costs. We will endeavour to make the customer aware of the charges wherever possible. Storage costs will be based upon the local square footage rate like for like storage.
6. We do our best to honour delivery dates but cannot accept responsibility for delays outside our reasonable control and such delays shall not entitle a customer to refuse delivery after date, to claim damages or to repudiate the contract.
7. Claims for shortage, loss or damage in transit cannot be entertained if received more than 24 hours after the customer has received the goods. We (SecureFix Direct) must be made aware via email or writing within 24 hours of receiving the goods.
8. The customer shall indemnify us against all damages, penalties, costs and expenses to which we may become liable as a result of work done in accordance with the customer’s specification which involves the infringement of any letters patents registered design copyright or other similar form of protection.
9. Items will only be refunded if we are made aware within 30 days of purchase. When the item is being returned back to us it must be in the original condition in original, unbroken manufacturers packaging. Any sign of use will invalidate a refund and the customer will be liable for postage, packaging, inspection and storage costs. We will endeavour to make the customer aware of the charges wherever possible. Storage costs will be based upon the local square footage rate like for like storage. Refunds to be followed in accordance with the 'Returns Form' and its contents available up to date from Returns Page of our website www.securefixdirect.com
10. The conditions and the contract shall be subject to and construed in accordance with the English law.