1.1 In these conditions:
BUYER means the person, firm or company specified overleaf entering into the Contract as customer to purchase the Goods from the Seller;
CONDITIONS means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes those terms set out overleaf and any special terms and conditions agreed in writing between the Buyer and the Seller;
CONTRACT means the contract for the purchase and sale of the Goods;
GOODS means the goods specified overleaf (including any instalment
of the Goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
SELLER means KROWL ARCHITECTURAL IRONMONGERY LTD (registered in England under number 5747724);
WRITING includes facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OFTHE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer or any written order of the Buyer which is accepted by the Seller, subject in either 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 purported to be made by the Buyer.
2.2 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed. No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller.
2.3 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents relating to the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.4 Any typographical, clerical or other error or omission in any sales or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. ORDERS AND SPECIFICATIONS
3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.2 The quantity, and description of the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of labour and materials used) damages, charges and expenses incurred by the Seller as a result of cancellation.
3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and
expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of ‘any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.5 All drawings, illustrations, descriptions and specifications in the Seller’s catalogues, price list and other advertising material (including CD ROM) are intended to give no more than a general idea of the goods manufactured and/or distributed by the Seller and such information is not intended and shall not be relied upon as giving a precise description of any goods nor as being representative as to any matter contained therein, nor shall any of it form part
of any Contract with the Buyer.
3.6 A carriage charge of £5.90 will be applied to all orders under £50 net.
Any order which is a special order will not be accepted for return.
If you are advised that an item is a special order on our web page or by other means in writing, or has been made a special order either before or after buying by modifying the manufacturing of the item, then this item may incur an additional lead time for delivery and cannot be returned to us in any event.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the seller)
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any in the cost to the Seller which is due to any factor beyond the control of the seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, increase in suppliers’ prices, any change in delivery dates, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3 The price is exclusive of any applicable value added tax, which the buyer shall be additionally liable to pay to the Seller.
4.4 List prices are subject to alteration without notice and all orders are accepted on condition that they are charged at prices ruling at time of despatch, save that the Buyer will be entitled to cancel the order for the goods if the increase in price exceeds 5% of the price originally quoted.
4.5 Carriage charges and cost of delivery will be charged in accordance with the Seller’s normal practice (3.6).
4.6 RETURNS & REFUNDS
If an item is to be returned and due to an incorrect purchase or unwanted goods. The seller shall charge the buyer a total cost of 25% of the total cost of the goods to be return for re-stocking and admin charges, subject to the returned items being in a re-sellable condition.
Returns Policy, returning an item? You may only return items that are not a special order.
When buying an item from us, the information on the page will state whether the item is a special order or not, along with the other specific information about the item you are interested in.
At the discretion of the management, you may incur a 25% re-stocking charge or £30.00 (ex-vat) admininstration fee for returning an item as it will have cost us money in wages and stationary to pay our staff to pick the item, process the paperwork then the reverse procedure when returning the item, then re-stock the item on it's shelf.
It is up to you (the buyer) to get the item(s) back to us at your cost, unless the item is faulty.
To return an item you must obtain a returns reference from us or it may take a while to process the return.
We will reduce the refund/credit amount paid to you by the cost of the carriage fee that it cost us to send the item to you and in some cases if we have bought the item in for you from our manufacturer, charge you any carraige fees that it cost us to get it to us. If you have paid a set carriage fee, it will be the amount stated on your invoice. If your order was "carriage paid", then it will be the amount that the courier has charged to us to deliver it (based upon dimensions and weight), as it will not have been free of charge for us to send the item to you, it's just that because you spent over £50 (ex vat), we offer to pay the cost as a sales promotion, but in returning an item, we uphold the right to charge for the cost that was incurred when sending the order to you.
You will be advised of any surcharges at the time of your enquiry when wishing to return an item. If you wish to return an item then you must advise us in writing within 14 days of purchasing the product.
If the item you purchased is over 14 days old at the point when a customer advises us that they wish to return the goods or if the goods are returned to us after the 14 day period after notifying us that they wish to return any goods, then at the discretion of the management we may not allow the return of the item or we may only offer a credit note, minus any costs (if applicable). Any costs for returning the goods to us will be paid by the buyer (unless the goods are faulty).
We have to be notified in writing (any means) that you wish to return an item within 14 days of the invoice date, then the buyer has 14 days to return it to us. This is known as "Distance Selling" law, and applies electronic, mail and telesales.
If the item is in anyway damaged, be it scuffed, scratched, marked, dented etc, then we will not allow the return of the item or refund you for this item as we will not be able to re-sell it in that condition.
If you return an item to us and it is not re-sellable (as above), then we will advise you. It will then be up to you to pay to receive the goods back.
If the item was in a sealed bag and the bag has been opened then we then we will not allow the return of the item or refund you for this item as we will not be able to re-sell it as it will not be in a sealed bag and many customer's perception is that it is not brand new.
We will always have to receive a returned item, inspect it and then issue the refund amount before we can refund any amount to you.
Please view the information regarding your consumer rights when wishing to return purchased goods on the following link. This is a link to the goverment's website and is what we, as retailers, are bound/governed by. https://www.gov.uk/accepting-returns-and-giving-refunds
Please view the information on the link below regarding distance selling regulations and law:
REFUNDS: You can also find details of returns, delivery and refunds under our "Delivery & Returns" button on our website.
If the customer changes their mind for any reason and decides to return the goods, then we will refund the cost of the goods to the customer as long as they meet with the returns terms & conditions (above), but the customer will not be refunded the cost of the courier fees incurred by us (see above), nor the fees incurred by us that are charged by Paypal and/or Worldpay for processing transactions online. If we as a company have not delivered the goods on time as stated by us, or the goods are defective in anyway, or the goods aren't as described, then we will not deduct any sum from the customers refund. If the customer decides to take a a credit note for any sum paid after changing their mind, then only the couriers fee will be deducted. If you have any questions regarding this, please ask us before purchsing the products(s) from us.
5. TERMS OF PAYMENT
5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the buyer for the price at any time after the Seller has notified the Buyer that the goods are ready for collection or, as the case may be, the Seller has tendered delivery of the Goods.
5.2 The Buyer shall pay the price of the goods before dispatch and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract.
5.3 Account customers shall pay for the goods within 30 days of the invoice date. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the seller shall be entitled to:
5.3.1 suspend all or any further deliveries to the Buyer made under that or any other contract with the Buyer and in such event the Buyer shall not be released from its obligations to the Seller under that or any other contract or cancel the Contract or any other contract with the Buyer and to claim damages from the Buyer for breach of contract;
5.3.2 appropriate any payment made by the Buyer to such of the Goods ( or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
5.3.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of £20 per unpaid invoice AND 5 per cent per month above Barclays Bank base rate from time to time accruing daily, until payment in full is made. These charges will be applied if not paid within 3 days of the due date. If not settled within 14 days of invoice date, legal action will be taken against the buyer to recover all costs to date and ongoing until settled.
5.4-The Seller may without notice set off any sums from time owed to the Buyer in or towards the satisfaction of all and any liabilities of the buyer to the Seller whether or not under this Contract.
5.5 The Buyer shall not be entitled to deduct or set-off from any sum due under the Contract for loss or expense alleged to have been incurred by the buyer by any reason of any breach or failure to observe the provisions of any Contract made between the Buyer and the Seller. The Buyer expressly waives and abandons its common law and/or equitable right to set-off which the buyer
might otherwise be entitled.
6.1 Delivery will be deemed to have taken place:
(a) In the case of carriage arranged by the Seller, when goods are physically delivered to the location point specified in writing by the Buyer in its order form and which delivery location point has been agreed by the Seller. The goods will only be delivered once per carriage charge and the buyer will be charged carriage again if the buyer fails to receive the goods at their requested address or by a specified signature nominated by the buyer on their order form.
(b) In the case of carriage arranged by the Buyer, when the goods are loaded onto the Buyer’s vehicle or are physically delivered to the Buyer’s carrier or delivered address.
6.2 Any dates quoted in the Seller’s quotation (if accepted by the buyer) or the Buyer’s order (if accepted by the Seller) for delivery of the goods are approximate only and the Seller shall not be liable for any delay howsoever caused. Time for delivery shall not be of the essence unless previously agreed in Writing. The Goods may be delivered by the Seller in advance of the quoted
delivery date upon giving reasonable notice to the Buyer.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or claim by the Buyer in respect of any one or more instalments shall not entitle the buyer to treat the Contract as a whole as repudiated.
6.4 If the Seller fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Seller’s reasonable control or the buyers
fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess, if any, of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price
of the Goods.
6.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of a the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.5.1 store the Goods until actual delivery and charge the Buyer for the reasonable cost of storage, including insurance; or
6.5.2 sell the Goods at the best price readily obtainable and, after deducting all reasonable storage and selling expenses, account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time
when the Seller notifies the Buyer that the Goods are available for collection;
7.1.2 in the case of Goods to be delivered otherwise Than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods;
7.1.3 the seller shall not be liable for a claim in respect of discrepancy or the damage to Goods in transit unless such claim is notified to the carrier of the Goods on delivery or if that is not practical to the seller in writing within 3 days are of delivery;
7.1.4 the Buyer should ensure that he has adequate insurance from the time at which risk passes to him.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other and provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods sold or agreed to be sold by the Seller to the Buyer under any other contract.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s agent or bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to use the Goods in the ordinary course of its business, the but shall have a fiduciary duty to the Seller to account for the proceeds of sale the or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been re-sold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the
Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods and for that purpose the Buyer hereby authorises and licences the Seller, its officers, employees and agents to enter upon any land or building upon which the Goods are situated to recover those Goods.
7.5 The Buyer shall not be entitled to or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall, without prejudice to any other right or remedy of the Seller, forthwith become due and payable.
7.6 Where Goods are exported from the United Kingdom the following provisions of this sub-clause shall apply to the Contract in substitution for the appropriate provisions of the remainder of clause 7 hereof. Goods for export will unless otherwise agreed be delivered FOB to a United Kingdom port nominated by the Buyer: or selected by the Seller. The risks in goods sold on FOB terms shall pass when they cross at the ships rail at port of loading
8. WARRANTIESAND LIABILITIES
8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship and so only be covered by the manufacturers warranties for a period of 12 months from the date of their initial use or 12 months from delivery whichever is the first to expire. When making a claim by the buyer, the seller waivers any liability to contact the manufacturer and so be dealt with by the buyer unless agreed in writing.
8.2 The Seller warrants that the Goods will at the time of delivery correspond with the description specified In, the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
8.3 Any claim by the by the buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with description shall, whether or not delivery is refused by the Buyer, be notified to the Seller within
7 days from the date of delivery or, where the defect or failure was not apparent on reasonable inspection within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller in accordance with this condition, the Buyer shall not be entitled to reject the Goods and the seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
8.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet description is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the buyer the price of the Goods (or a proportionate part of the price) but the Seller shall have no further liability to the Buyer.
8.5 Except in respect of death or personal injury caused by sellers negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise). Costs, expenses or other claims for compensation whatsoever (whether caused the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.