General Terms & Conditions of Sale - May 2009
§ Basis of contract
Seller's catalogue is an offer to treat only. Any contract shall consist of the buyer's order and the seller's acceptance thereof. Any order accepted by the seller shall be subject to these conditions of sale and no other conditions shall apply unless expressly agreed in writing by the seller.
§ Prices
Quoted prices include free delivery anywhere within the UK mainland and Northern Ireland. For deliveries outside this area, a carriage charge will be levied. The prices invoiced will be those currently charged by the seller at the date of despatch. In the unlikely event of a printing price error occurring in our catalogue the correct price will be stated on our order confirmation which will be binding for the period of the contract. All prices are subject to VAT at ruling rates. All packing is non-returnable.
§ Delivery point
In accordance with normal transport practices all goods will be delivered to the goods inwards dept. or reception on the ground floor and off-loading facilities must be provided by the customer. If further transfer or installation is required, particularly for large and heavy items, this must be requested at the time of ordering and an additional charge will be levied.
§ Time and method of despatch
Times quoted (if any) are so quoted in good faith but shall be non-binding. To facilitate a prompt delivery all despatches will be made direct from either the point of manufacture or distribution. The seller shall not be liable for any losses incurred by the buyer or any other person as a result of any delay in the delivery of the goods or any part of the order for any reason whatsoever. The due performance of the contract is subject to cancellation or such variation as the seller may find necessary as the result of instructions or lack of instructions from the buyer, or as a result of industrial dispute or of any cause whatsoever beyond the seller's reasonable control. The seller reserves the right to make partial deliveries.
§ Terms of payment
Unless otherwise stated terms are net cash against invoice payable within 30 days from date of invoice. PROPERTY IN THE GOODS REMAINS THE SELLER UNTIL FULL PAYMENT HAS BEEN RECEIVED BY THE SELLER. Nevertheless the risk in the goods passes to the buyer on delivery and the buyer shall promptly effect and maintain in the joint names of the parties' insurance of the goods against loss or damage in their full invoice price until final payment.
§ Guarantee
Except as herein expressly provided and as provided by law, the seller does not supply goods with the benefit of any term, warranty or condition, express or implied, as to the merchantability of the goods or their suitability for any purpose whatsoever. As far it is able the seller will assign to the buyer all rights conferred on it by any of its suppliers. In this respect as quality of materials used in goods manufactured for the seller is concerned, the seller shall have the option to repair, replace (or at its sole discretion refund to the buyer the price of the goods without any further liability) parts agreed by it as being defective, and which have been returned to it, carriage paid, within a minimum period of 3 years from the date of delivery to the buyer's works. Goods subjected to fair wear and tear, misuse, defective maintenance, alteration or modification, are excluded from this guarantee. Goods covered are subject to single shift working only. In no case shall the liability of the seller hereunder exceed that of the actual manufacturer of the particular goods or parts thereof. Any liability on the part of the seller is subject to terms of payment being met.
§ Technical description and data
Such descriptions whilst given as a guide, in good faith, are subject to alteration by the seller without notice. In particular all weights and dimensions are approximate only. All maximum load capacities stated are for evenly distributed loads only.
§ Consequential loss
Except in respect of death or personal injury caused by the seller's negligence, or as herein provided, the seller shall not be liable to the buyer for any consequential loss or damage (whether for loss of profit or otherwise), costs or expenses or their claims for consequential loss whatsoever which arise out of or in connection with the supply of the goods or their use or re-sale.
§ Damaged goods
Without prejudice to Condition 3, prior to signing for deliveries, all goods must be examined for damage and/or shortages. You must inform us immediately of any such damage or shortage and note any carriers delivery paperwork appropriately.
§ Your right to return
Should you wish to return an item, please inform us of this by
telephone within 30 days by calling +44 1923 651 777 to make
return arrangements. We can only accept back items unused and
in their original packaging. This right of return does not
apply to items which have been specially manufactured and are
not in the standard catalogue range, or to items sold at
special prices (e.g. quantity discounts).
KAISER+KRAFT
LTD.
