4 Delivery
4.1 All delivery times quoted are estimates only and we shall not be liable for any delay in delivery of the Goods howsoever caused.
4.2 If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
4.2.1 you may not cancel (but if you are a consumer the provisions of clauses 11.3 and 11.5 will apply) if we receive your notice after the Goods have been dispatched; and
4.2.2 if you cancel the contract, you can have no further claim against us under that contract.
4.3 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).
4.4 We may deliver the Goods in instalments. Each instalment is treated as a separate contract.
4.5 We may decline to deliver if:
4.5.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
4.5.2 the premises (or the access to them) are unsuitable for our vehicle.
4.6 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable controls or by reason of our fault) and without prejudice to any other right or remedy available to us we may:
a) store the Goods until actual delivery and charge you for the reasonable costs (including
insurance) of storage; or
b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
5 Risk
5.1 The goods are at your risk from the time of delivery.
5.2 Delivery takes place either:
5.2.1 at our premises (if you are collecting them or arranging carriage); or
5.2.2 at your premises or address specified by you (if we are arranging carriage).
5.3 You must inspect the Goods on delivery. If any goods are damaged or not delivered or any alleged shortage in quantity, 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 damaged Goods. If you do not inform us within 24 working hours then you will be deemed to have accepted the Goods.
6 Payment terms
6.1 You are to pay us in cash or in cleared funds (such as payment by credit card) prior to delivery, unless you are a business customer and have you have an approved credit account with us. If you pay be cheque, we will not classify such payment as cleared funds until we are satisfied at our sole discretion that the cheque can not be cancelled or rejected and until then the title in the Goods under clause 7 shall still apply.
6.2 Business customers only: If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
6.3 If you fail to pay us in full on the due date we may:
6.3.1 suspend or cancel future deliveries;
6.3.2 cancel any discount offered to you;
6.3.3 Business customers only: charge you interest at the rate set under S.6 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. before and after any judgment (unless a court orders otherwise);
6.3.4 Consumers only: charge you interest at a rate equivalent to the rate set for business debts under S.6 of the Late Payment of Commercial Debts (Interest) Act 1998;
6.3.5 claim fixed sum compensation from you under S.5A of that Act to cover our credit control overhead costs; and
6.3.6 recover (under clause 6.8) the cost of taking legal action to make you pay.
6.4 If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may take any of these actions at any time and without notice.
6.5 Business Customers only: you do not have the right to set off any money you may claim from us against anything you may owe us.
6.6 Consumers only: you may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
6.7 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).
6.8 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs, legal costs on a full indemnity basis and the costs of instructing a debt collection agency to recover a debt due to us if any) following any breach by you of any of your obligations under these conditions.
6.9 Consumers only: clause 6.8 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.
6.10 Time of payment of our Price is of the essence and is a fundamental term of contract between us.
6.11 In assessing an application for a credit account with us, you agree that we may carry out such credit checks including with credit reference agencies, as we may deem appropriate.
8 Warranties and Liability
8.1 We warrant that the Goods are free from material defect at the time of delivery (as long as you comply with clause 8.4).
8.2 Business customers only: 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 to the fullest extent permitted by law.
8.3 Consumers only: the warranty in clause 8.1 is in addition to your statutory rights.
8.4 If you believe that we have delivered Goods which are defective in material or workmanship, you must:
8.4.1 inform us (in writing), with full details, within 24 hours of delivery or expected delivery time; and
8.4.2 allow us to investigate (we may need access to your premises and product samples). 8.5 If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 8.4) in full, we will (at our sole discretion) replace the Goods affected or refund the Price.
8.6 We shall not in any circumstances, notwithstanding anything to the contrary contained in these conditions, be under any liability (whether for breach of contract or otherwise) for any direct, indirect, financial loss, loss of profits or loss of use or consequential loss or damage, howsoever caused (other than death or personal injury resulting from our negligence) suffered by you or liabilities to third parties incurred by you as a result of any defect in the Goods or anything done or omitted to be done by us
8.7 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to 5 million pounds.
8.8 For all other liabilities, including breach of contract not referred to elsewhere in these terms our liability is limited in damages to the Price of the Goods.
8.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
8.10 Business Customers only: the Goods descriptions or illustrations on our website and in our brochures or catalogues are for the sole purpose of giving an approximate idea of the Goods represented by or described in them but due to product development and designer specification changes, these may vary from time to time. The images on our website and in our brochures or catalogues are to assist with your selection and all specification are given as a guide only and are approximate. Representations of colour are approximate due to the limitations of photographic and calibrations of different output devices. A name given to a product colour is not necessarily representative of the colour. We reserve the right to alter descriptions and specifications without prior notice. Such descriptions and illustrations will not form part of our contract with you.
10 Return of Goods
10.1 Subject to clauses 11.3 and 11.5 we will accept the return of Goods (but not including Special Badged) from you only:
10.1.1 at our sole discretion and by our prior agreement (confirmed in writing); and
10.1.2 Notified to us within 30 days of the date of delivery; and
10.1.2 on payment of a handling charge of 25% of the Price of the Goods (excluding VAT) with a minimum charge of £5 (unless the Goods were defective when delivered) and a £4.95 collection charge will apply to all Goods collected unless returned at customers cost; and
10.1.3 where the Goods are as fit for sale on their return as they were on delivery and returned within 30 days from the date of Delivery.
11 Cancellation
11.1 Business Customers only -You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.2 then apply).
11.2 Business Customers only- If we agree to your request to cancel the order (for any reason) you are then to pay us for all Goods (finished or unfinished) that we may then hold (or to which we are committed) for the order. If you have paid a deposit, this will be retained by us and if we incur reasonable losses as a result of you cancelling the contract and it is greater than the deposit we have retained we will require you to pay for our losses in excess of the deposit retained.
11.3 Consumers only- You can cancel this contract within 7 working days of you receiving the Goods. The 7-day period starts on the day after you receive the Goods. If you wish to return the Goods, you must return them to us unused and in the original packaging. You must pay the cost of returning the Goods to us. To cancel the contract you will need to send a letter to us. You can send the letter by post, email or by personal delivery. Contact details for where to send the letter are set out in clause 1.1 above. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by e-mail or post or personal delivery at the address in clause 1.1 above.
11.4 You will be unable to cancel the contract if the Goods are made to your specifications (for example Special Badged Goods) or are clearly personalised or by their very nature cannot be returned.
11.5 Consumers only - Once you have notified us you are cancelling your contract, any sums debited to us from you credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery back to us, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be credited to you.
11.6 We may suspend or cancel any order with you, by written notice if:
11.6.1 you fail to pay us any money when due (under the order or otherwise);
11.6.2 you fail to honour your obligations under these terms; or
11.6.3 any of the following conditions apply to you:
i) making voluntary agreements with your creditors;
ii) becoming subject to an administrative order or a Statutory Demand;
iii) in the case of an individual, partnership or firm becoming bankrupt;
iv) in the case of a company going into administration or liquidation
v) you are likely to cease trading;
vi) we reasonably believe that any of the above is about to happen and notify you accordingly
vii) suffer any similar or analogous action as above in consequence of debt.
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