1.1 Delivery Address
Delivery of the products will take place at the delivery address. Please note that we only deliver to addresses located within the United Kingdom (including Northern Ireland).
1.2 Delivery Days
We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site, or if not specified, between 8am and 6pm. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. We cannot deliver next-day or same-day unless by prior arrange and further costs may incur.
1.3 Delivery Timescales
We will use reasonable efforts to deliver the products by the delivery dates or within the delivery timescales stated in the other contract terms. If no delivery date or timescale is stated, then delivery will be made without undue delay and no later than 30 days beginning with the day the contract was entered into. If we are not able to make a delivery date, we will let you know, and offer you an alternative delivery date.
1.4 Force Majeure
We are not responsible for delay in supplying or delivering or failure to supply or delivery any products if due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem in supplying the products, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, or give you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order
1.5 Delivery Note All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your products, as this will be important if you are returning the products later on.
1.6 Inspection on delivery
You should check that you have received all of the products you ordered, and inform us as soon as you can if you think anything is missing or think anything is damaged or not in working order. If you are a business customer, you must inform us by the next working day after delivery has been made if you do not think you have received the products ordered, otherwise all products purported to be covered by the delivery shall be deemed to have been delivered. If you are a business customer, you must inform us within 5 working days if you consider that the products are faulty or damaged, otherwise the products will be considered to have been correctly delivered, free from damage or faults and in good working order, except for any damage or fault you could not have discovered on reasonable inspection of the products.
1.7 Retention of Title
Title to the products passes to you when risk passes below, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the products shall cease if any amount payable by you under the contract becomes overdue, or you enter into bankruptcy, liquidation or administration, and that we shall be entitled to enter any premises where the products are kept for the purposes of repossessing them. Title to the products shall revert to us when you exercise any right to reject the products, cancel the contract or otherwise return the products to us.
Risk in the products shall pass to you when they come into your physical possession, or any person identified by you to take possession of the products, or any carrier you commissioned to collect the products from us and transport them to you, or our courier service hand over the products to any person who you authorise to collect them from a postal or courier service, or we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us when they come back into our physical possession, or any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.
2 OUR LIABILITY TO CONSUMERS
We shall not be liable to you (including under or for breach of the contract or in negligence) for: (a) any loss of profits or other losses relating to any business; (b) for any losses which were not foreseeable by us when the contract was made; or (c) for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us. We do not exclude or limit any liability which we may have to you: (a) for death or personal injury; (b) for loss or damage to property; (c) for fraud or fraudulent misrepresentation; or (d) to refund any payments made by you under the contract.
3 OUR LIABILITY TO BUSINESSES
The following terms apply if you are a business:-
3.1 Limitations and exclusions
In this contract, references to our “liability” shall be to our liability to you under or for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the products. Our total liability for all events giving rise to liability to you in aggregate for all such events shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract as ascertained at the time of your order. We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments wasted, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the products elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. Notwithstanding any other contract term, we do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
3.2 Claims Limitation Periods
We shall not be liable in respect of any products missing from a delivery, and all products purported to be in a delivery shall be considered to have been delivered in full, if you do not notify us otherwise by the end of the next working day following the day of delivery. We shall not be liable in respect of any damage to any products present on delivery if you do not notify us of such damage within 5 working days after delivery of the products has been made. We shall not be liable for any other non-conformity of any product with this contract (including faults and defects), if you do not notify us of such non-conformity within 5 working days after delivery (if such fault or defect was discoverable on reasonable inspection at the time of delivery), or within 3 months after the delivery of that product in any other case; and we shall not be liable for any non-conformity of any product identified or arising after the end of that 3 month period. If any product is not in conformity with the contract, then our liability shall only be with respect to that product, and you may not return, and you shall continue to pay for, all other products. You shall give us a reasonable opportunity to repair or replace any non-conforming product, at our option, before exercising any right to reject the product. You shall pay our reasonable costs incurred in investigating any claim that a product is missing or not in conformity with the contract, if such claim is not proved by you.