Page 100 - Blake & White Catalogue
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Terms and Conditions
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS OF SALE ARE FOR ALL PURCHASES OF PRODUCTS FROM TECHNICLEAN SUPPLY TRADING AS BLAKE AND WHITE. IF YOU ARE PURCHASING GOODS AS A CONSUMER (I.E. NOT IN CONNECTION WITH YOUR BUSINESS, TRADE, CRAFT OR PROFESSION) PLEASE REFER TO OUR TERMS AND CONDI- TIONS OF SALE FOR CONSUMERS.
Basis of Contract
The customer is responsible for ensuring that the terms of the order and any applicable specifications submitted by the customer are complete and accurate. The customer is also responsible for giving us all necessary information and/or instructions in respect of the goods or the supply/delivery of them to enable us to deliver the goods in accordance with these terms.
These terms apply to all contracts between us and the customer for the supply and sale by us to the customer of any goods, to the exclusion of any other terms or conditions that the customer seeks to impose or incorporate orally, under any purchase order, confirmation of order, specification or other document, or which are implied by trade, custom, practice or course of dealing.
The customer’s order constitutes an offer by the customer to purchase products from us in accordance with these terms. The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the contract shall come into existence. Nothing in these terms and conditions shall be construed as an obligation on us to accept a customer order.
Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the goods referred to in them. They shall not form part of the contract nor have any contractual force.
A quotation for goods given by us shall not constitute an offer. A quotation shall only be valid for a period of 20 business days from its date of issue.
Ordering From Us
You are deemed to place an order with us by ordering via our online checkout, sending an email, or phoning the order through. We will send you an order acknowledgement, detailing the products you have ordered.
Our acceptance of an order takes place when we despatch the order.
Changes
We may, in our sole discretion, accept or reject any changes requested by the customer to the order. If we, in our sole discretion, accept the changes requested by the customer.
(i) we may, by giving notice to the customer, increase the price of the goods to reflect any increase in the cost of the goods that is due to any request by the customer to change the delivery date(s), quantities, or types of goods ordered, or the specification of the goods;(ii) the customer undertakes to pay the fair and reasonable costs and expenses we incur in the fulfilment of the customer’s order, up to the date on which we agreed to a change to the order.
Price
The price quoted excludes VAT (unless otherwise stated) and other taxes and duties on the goods will be those applying at the time of delivery.
At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods no matter what the cause.
All goods will be invoiced at the price ruling at date of dispatch unless a fixed price has been agreed in writing.
Delivery
All delivery times quoted are estimates only.
If a paid delivery does not arrive you must inform us immediately, it is not acceptable to wait until the invoice is due for payment.
If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract.
However
You may not cancel if we receive your notice after the goods have been dispatched and if you cancel the contract, you can have no further claim against us under that contract.
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).
You agree to pay at the contract rate for the actual quantity delivered.
You shall inspect the goods immediately upon delivery and shall within five days from such inspection give notice in writing to the company of any damage, shortage or incorrect goods delivered. If you fail to give such notice the goods will be deemed to be correct and you will be bound to accept and pay for the goods accordingly.
Delivery and Call Offs
We may decline to deliver if:
We believe that it would be unsafe, unlawful, or unreasonably difficult to do so, or The premises (or access to them) are unsuitable for our vehicle or
You fail to pay us any money when due
You become insolvent
You fail to honour your obligations under these terms.
If you unreasonably refuse delivery, we may charge you for the cost of the delivery and treat your refusal as cancelling the contract. If delivery does not take place, either on the contact date or not at all, because you are at fault or for reasons beyond our control, we may store and insure the goods at your expense. We may deliver the goods as soon as possible, but we have the right to sell them after a period of 14 day’s storage. We may, in any event recover our storage and insurance costs, either directly from you or from any proceeds of sale.
If you require storage or call off facilities or both, the goods will be invoiced to you when delivered or collected and our normal payments will apply.
If you fail to accept delivery of the goods then, except where such failure or delay is caused by a Force Majeure event or our failure to comply with our obligations under the contract, we shall store the goods until delivery takes place, and charge you for all related costs and expenses (including insurance) of storage.
If we store the goods we may make a monthly storage charge beginning two calendar months after the date of our original invoice and calculated at 1% of the invoice price of the goods for each month that the goods are not delivered or collected.
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