Online Terms & Conditions for The Supply of Goods
- Terms by which we supply our products to you
What the terms cover.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Information about us and how to contact us
About us. We are Pool Table Sales.co.uk, an independent company who have operated in the South Wales and South West area since 2010. Pooltablesforsale.co.uk is part of the pooltablerecovers.com group of companies © 2021
How to contact us. You can contact us by the following methods:
Writing: Contact us in writing to 8 Fernleigh Road, Caldicot, NP26 4AB
Email: Contact us via email to
How we will contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
How we will accept your order. Acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We only sell to the UK. Our website is solely for the promotion of our products in the UK. We do not accept orders from or deliver to addresses outside the UK.
- Our products
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or a picture accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may also vary from that shown in images on our website.
Making sure your measurements are accurate. If we are supplying the product to measurements that you have given us you are responsible for ensuring that these measurements are correct.
5. Your rights to make changes
Your right to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7, Your rights to end the contract).
Our right to make changes. We may change the products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
- Providing the products
Delivery costs. The costs of delivery will be as quoted to you in our email.
When we will provide the products. We will contact you to agree a delivery date, which will be within 6 weeks of the day on which we accept your order or another mutually agreed date.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Collection by you. If you have asked to collect the products, you can at the time and on the date agreed with us.
If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collection. You will be responsible for any costs incurred for redelivery of the product.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us; or you or a carrier organised by you to collect it from us at our premises.
When you own goods. You own a product once we have received payment in full.
EXAMINATION OF THE GOODS. WE ENCOURAGE YOU TO EXAMINE THE PRODUCTS AS SOON AS POSSIBLE AFTER DELIVERY TO CHECK FOR ANY DEFECTS AND CONTACT US PROMPTLY AS SOON AS YOU BECOME AWARE OF ANY PROBLEM. MINOR DEFECTS SHOULD BE REPORTED WITHIN 48 HOURS OF DELIVERY.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, specification/details of the products you want to order, for example, cloth and cabinet choice. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 5).
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6).
Installation and Assembly of the product. We recommend that the product is installed by our professional fitters. Where part of the price relates to installation or assembly of the product, this will include our team assembling the product on site, levelling and testing the product for functionality. We are not responsible for any damage caused to the product if you choose to install it yourself or engage a third party. If you engage a third party and the installation or assembly is undertaken by a third party identified on your behalf then a separate contract will exist between you and the third party.
- Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or or to get some or all of your money back), see clause 10;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
If you have just changed your mind about the product, see clauses 7.3 and 7.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four months; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don’t have the right to change your mind. You do not have right to change your mind in respect of any order for pool tables which
include any bespoke, non-standard or personalised items or parts; and/or are manufactured or altered to your specifications.
Such items include any table cloth ordered other than our stock cloth which is Hainsworth Match in green. In addition, you do not have right to change your mind in respect of any order for pool tables with personalised or bespoke cabinet finishes.
How long do I have to change my mind? 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days (in this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods).
- How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Calling us on 07712 331495or emailing us at
. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the contact form on our website.
By post. Or simply write to us at:
8 Fernleigh Road, Caldicot NP26 4EG,
include details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us 8 Fernleigh Road, Caldicot NP26 4EG or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 07712 331495 or email
to arrange collection.
The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Pool Tables Sales, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so, or as a result of something we have done wrong; or
if you are exercising your right to change your mind, in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you will be required to pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, specification/details of the products you want to order, for example, cloth and cabinet choice;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us or our manufacturer.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- If there is a problem with the product
If there is a problem with the product. If you have a complaint about a product, you must notify us within a reasonable time after the problem has been discovered. Minor defects such as scratches to the product should be reported within 48 hours.
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 07712 331495or write to us at 8 Fernleigh Road, Caldicot NP26 4EG or emailing
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 7.3.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of collection. Please:
- call us on 07712 331495
- or write to us at 8 Fernleigh Road, Caldicot NP26 4EG
; to arrange collection.
- Price and payment
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.4 for what happens if we discover an error in the price of the product you order.
When an advance payment is payable. Any advance payment in connection with a product will be as stated on our website or as otherwise agreed. The refund of any advance payment and any deduction from any such payment shall be made pursuant to these terms.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we quote you an incorrect price
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We require a minimum deposit of £200 when you place your order.
Orders must be paid for in full before the product is installed. Any costs for express delivery cost or bespoke cloth will be payable for alongside your deposit.
We accept payment by bank transfer of funds and via the Stripe payment platform, cash and Paypal. You must pay any balance owed on the products upon delivery at your premises
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
- Other important terms
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by laws in England and Wales. If you live in England or Wales you can bring legal proceedings in respect of the products in the courts of England and Wales.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Pool Table Sales.co.uk, 8 Fernleigh Road, Caldicot NP26 4EG
Telephone 07712 331495
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
POOL TABLE SALES.CO.UK
TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 9.
- About us
Company details. POOL TABLE SALES.CO.UK (we and us), We operate the website Pool TableSales.co.uk
Contacting us. To contact us telephone our customer service team at 07712 331495 or email
. How to give us formal notice of any matter under the Contract is set out in clause
- Our contract with you
Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Your copy. You should print a copy of these Terms or save them to your computer for future reference.
- Placing an order and its acceptance
Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
Correcting errors. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.
Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- Our goods
The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images. The packaging of your Goods may vary from that shown on images on our site.
We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
We are not responsible for installation or assembly of the Goods following delivery, where part of the price relates to installation or assembly, the installation or assembly is undertaken by the third party identified in the order or invoice on your behalf and forms a separate contract between you and the third party. Save as provided in clause 9.1, we accept no liability in respect of the third party or the installation or assembly of the Goods.
- Delivery, transfer of risk and title
We will contact you with an estimated delivery date, which will be within 4 weeks after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 (Events outside our control) for our responsibilities when this happens.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you, or a carrier organised by you to collect them, from our us and the Goods will be at your risk from that time.
If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
If you fail to take or accept delivery of the Goods within three days of us notifying you that the Goods are ready, then, except where such failure or delay is caused by an Event Outside Our Control or your failure to comply with your obligations under these Terms:
delivery of the Goods shall be deemed to have been completed at 9.00 am on the third day after the day on which we notified you that the Goods were ready; and
we shall arrange storage of the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
If you fail to take delivery within ten days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
Title to the Goods shall not pass to you until the earlier of:
when we receive payment in full (in cash or cleared funds) for the Goods, in which case title to the Goods shall pass at the time of payment; and
you resell the Goods, in which case title to the Goods shall pass to you at the time specified in clause 4.9.
Until title to the Goods has passed to you, you shall:
store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
notify us immediately if you become subject to any of the events listed in clause 10.1; and
give us such information relating to the Goods as we may require from time to time.
- No international delivery
We do not deliver to addresses outside the UK.
- Price of goods and delivery charges
The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 6 for what happens if we discover an error in the price of Goods you ordered.
Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
The price of the Goods does includes a standard delivery charge. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery charges pricing structure.
You shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies it may have, set off any amount owing to us by you against any amount payable by us to you.
We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
- if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.Our warranty for the goods
- The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
- We provide a warranty that on delivery the Goods shall, subject to clause 3, conform in all material respects with their description and be fit for any purpose held out by us.
- Subject to clause 4, if:
- you give us notice in writing within 14 days of delivery that some or all of the Goods do not comply with the warranty set out in clause 2;
- we are given a reasonable opportunity of examining the Goods; and
- if we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
- We will not be liable for breach of the warranty set out in clause 2 if:
- you make any further use of the Goods after giving notice to us under clause 3;
- the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and/or maintenance of the Goods or (if there are none) good trade practice regarding the same;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the Goods without our written consent;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 2 to the extent set out in this clause 8.
- The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- These Terms also apply to any repaired or replacement Goods supplied by us to you.
- Our liability: your attention is particularly drawn to this clause
References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, delict/tort (including negligence), misrepresentation, restitution or otherwise..
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
any other liability that cannot be limited or excluded by law.
Subject to clause 2, we will under no circumstances be liable to you for:
any loss of profits, sales, business, or revenue; or
loss of business opportunity; or
loss of anticipated savings; or
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
you fail to pay any amount due under the Contract on the due date for payment;
you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
Without limiting its other rights or remedies, we may suspend provision of the Goods or if you become subject to any of the events listed in clause 10.1(a) to clause 10.1(d), or we reasonably believe that you are about to become subject to any of them.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
- Communications between us
When we refer to “in writing” in these Terms, this includes email.
Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid firstclass post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:
if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
if sent by pre-paid firstclass post or other next working day delivery service, at 9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.