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. Tel...... : .01749 880 384...............
....EMail..::.Sales@SouthernCastRaditors.co.uk
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Trading Terms & Conditions
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Terms and Conditions This page contains information on the terms and conditions for purchases from Southern Cast Radiators. Business Policies All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer. Standard conditions of sale
1. Definitions
1. Buyer means the person who buys or agrees to buy the Products from the Seller.
2. Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
3. Delivery date means the date specified by the Seller when the Products are to be delivered.
4. Products means those goods specified.
5. Price means the price for the Products including carriage, packing and VAT."
6. Seller means Southern Cast Radiators.
7. Consumer shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2. Conditions applicable
1. Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
2. The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer."
3. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller."
4. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
5. If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered."
3. The price and payment
1. Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labor, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer."
2. Payment of the Price shall be due at the date of the order. Payment may be asked in advance of delivery (£25% of the order) Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller will cancel delivery of the Products or any further Products ordered until payment is made in full.
3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above National Westminster PLC’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
4. The products
1. The quantity and description of the Products shall be set out in the Seller’s quotation.
2. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
3. "Photographs are for illustrative purpose only, and may not exactly match the product itself."
5. Warranties and liability
1. All Radiators are supplied by the Seller come with the manufacturer’s warranty of 10 years, 12 months with valves and all accessories.
2. Radiators carry a 10 year guarantee to be free from manufacturing defects. The Seller will replace free of charge, any goods found to have manufacturing faults, subject to the following exclusions:- * The defect is due to incorrect installation, transporting, improper operation, misuse & accidents * The purchaser is responsible for the cost of labour. *Fernox products have not been used from the date of installation, the correct Anti Corrosion and inhibitors must be used to maintain any guarantees * Proof of purchase is not available. * The guarantee is invalid if the purchaser or the agent has powder coated or shot blasted the radiator. * The company reserves the right to replace only the defective section of the radiator. * The company is not liable for any consequential loss caused directly or indirectly by any defects in its goods. * The first retail purchaser of the goods is the benefactor of this warranty and the warranty is not assignable
3. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law." 4. "Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer."
6. Delivery, Returns and Cancellations
1. Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for delivery to such place as the Buyer specifies at the time the order is placed.
2. The Seller shall use his reasonable endeavor to meet any date agreed for delivery.
3. In any event time of delivery shall not be of the essence.
4. The Seller shall not be liable for any delay in delivery howsoever caused.
5. All orders for delivery will have a delivery charge quoted at the time of order and the delivery change will be at the customers expense. Where the seller is informed of delivery charge increases prior to delivery, the buyer will be notified of these increases. If notice of delivery price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of delivery price increase to the buyer. 6. "Generally, where an order contains more than one item all items will be delivered at the same time once all items are available."
7. Where a delivery date has been agreed with our carrier but the customer isn't’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.
8. "An order may be cancelled at any time between the placement of the order and 7 days following delivery of the goods. If the Buyer is dissatisfied with his purchase for any reason he may, within seven days of delivery, contact the Seller’s customer service department to arrange for collection of the goods at the Seller’s expense. Any money which you have paid will be refunded within 30 days provided that the Seller receives the goods in the same condition they were in at the time of delivery to you in their original packaging or similar. Items which are not adequately packaged at time of collection will not be collected and a charge of £25 will be levied to cover cost of failed collection.
9. We do not deliver on weekends or bank holidays. Acceptance of the products
1. Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 72 hours after delivery to the Buyer.
2. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8. Title and risk
1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
2. Not withstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
3. "The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable."
9. Insolvency of buyer
1. This clause applies if: 1. "The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or"
2. "An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or"
3. "The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or"
4. The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9a. "If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary."
10. General
1. "Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, flood, drought, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations."
2. "Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller."
11. Headings
1. The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
2. "Representations - No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions."
3. "Additional costs - The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay
4. taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees."
12. Proper law of contract
1. "This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales."
