Terms and Conditions for Sale of Goods
OXFORD SAFETY SUPPLIES LTD
TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES
- Application of Terms.
1.1 All sales of goods and services are made on these terms and conditions (the “Terms”) only and no other warranties, conditions or representations are made by Oxford Safety Supplies (the “Company”) to any customer (the “Customer”). These Terms comprise all terms of the contract between the Customer and the Company. If the Customer accepts the Company’s quotation, or accepts or uses the goods and/or services, the Customer shall be deemed to accept these Terms, despite anything to the contrary stated in the Customer’s order. The Customer’s conditions of purchase (if any) shall not apply to this contract. No variation of, or addition to, these Terms shall take effect unless agreed in writing by the parties.
2.1 Unless the Company receives prior written notice to the contrary from the Customer, the person placing or signing the order on the Customer’s behalf will be deemed to be authorised to do so.
2.2 The Company reserves the right to refuse any order, including any order made in response to a quotation. Written quotations are based on costs ruling on the date of the quotation and, while generally valid for 28 days, are subject to change without notice.
2.3 If the specification in the Customer’s order differs from that in the Company’s quotation, the Company may vary or withdraw its quotation.
2.4 Orders may not be cancelled by the Customer after acceptance without the Company’s written agreement. Prior to acceptance, cancellation of orders by the Customer must be given in writing. The Customer will reimburse the Company for any costs incurred or committed up to the point of cancellation.
2.5 The Company reserves the right to cancel any order at any time without notice to the Customer.
- Delivery and Collection.
3.1 All contracts are made on the condition that delivery is “ex works” from the Company’s premises. The Customer may request either (a) to collect the goods from the Company or (b) that the Company arrange delivery of the goods to nominated premises of the Customer. If the Company is to arrange delivery, the Company will, if so requested to do so, also arrange for the goods to be insured while in transit, the cost of which will be borne by the Customer. For orders below UK£100 (excluding VAT), where the Company agrees to arrange delivery to the Customer’s premises, the Customer will pay the Company’s standard packing and delivery charges in addition to the agreed price for the goods. If expedited delivery is agreed, an extra charge may be made to cover any overtime and/or other additional costs incurred.
3.2 Delivery times which are quoted are target times only. The Company reserves the right to vary delivery times and the Company accepts no liability for failure to comply with quoted delivery times.
3.3 The Company will not be responsible for any discrepancies in delivery unless they are notified promptly to the Company in writing as soon as the Customer becomes aware of them. If the Customer fails to notify the Company promptly, the Customer will be deemed to have accepted the goods. In any event, the Company shall not be liable for any discrepancies in delivery which are not notified to the Company by the Customer within 72 hours from the time of delivery or collection. Goods may not be rejected after they have been used or once they are no longer in the condition in which they were delivered. The Company will not be liable for any loss or damage in transit.
- Payment terms.
4.1 Unless otherwise stated, all prices are quoted exclusive of Value Added Tax which, where applicable, will be charged at the appropriate rate in addition to the price quoted.
4.2 The Company reserves the right to demand payment in advance on any order. If the Customer has an approved credit account with the Company, payment is due by the Customer on or before the date falling 30 days from the date of invoice. The Company reserves the right to withdraw the credit account facility at any time and without notice.
4.3 Without prejudice to any other remedy, the Company may charge interest on overdue invoices, from the due date until the date of payment, on a daily basis at the rate equivalent to an annual rate of 3% above the NatWest Bank plc base lending rate then in force.
4.4 Without prejudice to any other remedy, the Company reserves the right to refuse to complete orders and/or deliver goods if the Customer has failed to make all payments due to the Company under this or any other contract.
4.5 The goods in any consignment shall remain the property of the Company, even after delivery, until the Customer has paid the Company in full for the goods but the risk and all liability to third parties shall pass to the Customer on delivery or collection of the goods by the Customer. Even though title to the goods has not passed to the Customer, the Company shall be entitled to sue for the price of the goods and/or services once payment has become due.
4.6 The Company reserves the right to place any debt with a debt collector at any time. The Customer will be charged an administration fee of UK£25, payable immediately, in the event any debt of the Customer is passed to a debt collector by the Company.
5.1 The Company will not accept any returns nor grant any refunds for any masks, gel sanitisers or coveralls due to hygiene and health and safety reasons. Subject to the previous sentence, the Company will not accept any returns of any goods unless (i) the returns have been notified in advance to the Company and (ii) the Company has given its express written authorisation to the Customer for such returns to be made. The Company reserves the right, in its sole and absolute discretion, to decline to give such authorisation.
5.2 Once authorisation is received, the Customer must obtain a return note with a dedicated returns number from the Company, which must be completed and faxed or emailed to the Company and a copy enclosed with the returned goods. All goods are returned at the Customer’s risk and cost.
5.3 The Company will not accept any returns unless the Customer has complied with the conditions of clause 5.2.
5.4 A credit note will be issued to the Customer within 30 days of correct receipt of the returns by the Company. The Company reserves the right to charge a restocking fee of 15% of the credit note value.
5.5 Subject to clause 6.1, medical supplies, special order items, worn clothing, worn footwear, personalised corporate wear or used equipment will not be accepted by the Company for return.
- Defects and liability
6.1 The Company will make good, by repair or by the supply of a replacement, any defects which, under proper use, either (i) appear in the goods within a period of 3 calendar months after the goods have been delivered or (ii) in the case of any defects in the seams of any workwear garments, appear in the goods within a period of 24 calendar months, and arise solely from faulty design, materials or workmanship; provided always that (a) the Customer promptly notifies the Company of such defects as soon as the Customer becomes aware of them, (b) the defective goods have been returned to the Company, and (c) that the Customer produces a relevant proof of purchase. The provisions of this clause shall not apply to any goods which are (i) used after a defect has been discovered; or (ii) determined, at the sole discretion of the Company, to have been tampered with by the Customer; or (iii) defective because the item has been laundered and is not classified (either on the item or otherwise) as being suitable for such laundering process.
6.2 The Company’s obligations under clause 6.1 shall be in lieu of any warranty or condition implied by law, whether as to the quality or condition of the goods or otherwise. All of the Company’s warranties, conditions, representations and obligations are expressly contained in these Terms and, to the maximum extent permitted by law, no other warranty, condition, representation or obligation is incorporated.
6.3 The Company shall not be liable, whether in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (a) for any loss of profit, business, contracts, revenues or anticipated savings, or (b) for any special, indirect or consequential damage of any nature whatsoever
6.4 The Company’s total aggregate liability to the Customer under or in connection with this contract and whether in contract, tort (including negligence), breach of statutory duty or for any other cause of action shall not exceed the amount of any monies paid by the Customer to the Company under this contract.
6.5 The Company shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including without limitation any labour disputes or failure of supplies.
6.6 Nothing in these Terms shall exclude or limit any liability of the Company to the extent that such liability may not be excluded or limited by law, including without limitation liability for death or personal injury caused by negligence, or liability for fraud.
- Applicable Law and Jurisdiction
7.1 These Terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts.