(A) In these Conditions: -
“Buyer” means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
“Goods” mean the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
“Seller” means McCormick Tools Ltd (registered in England under number 3894219) whose registered office is at Unit 1 Bowburn North Industrial Estate, Bowburn, Durham DH6 5PF.
“Conditions” mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Buyer and a Director of the Seller.
“Contract” means the contract for the purchase and sale of the Goods.
“Writing” includes telex, cable, facsimile transmission and comparable means of communication.
(B) 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.
(C) The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE:
(A) No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and a Director of the Seller.
(B) The Buyer acknowledges that it has not relied on, and waives any claim for breach of, any representations made by the Seller or its employees or agents.
(C) Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer’s own risk.
(D) Any typographical, clerical, or other error or omission in any sales literature, quotation, acceptance of order, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.ORDERS AND SPECIFICATIONS:
(A) No order submitted by the Buyer shall be deemed to be accepted until confirmed in Writing by the Seller.
(B) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer.
(C) The quantity, quality and description of any specification for the Goods shall be those set out in the Seller’s quotation or the Seller’s written order confirmation whichever is the latter, provided that all sizes and thickness of materials stipulated in said specification shall be approximate only.
(D) 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, trademark or other industrial or intellectual property rights of any other person which result from the Seller’s use of the Buyer’s specification.
(E) The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
(F) 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 all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4.PRICE OF THE GOODS:
(A) The price of the Goods shall be the Seller’s quoted price.
(B) 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 increase 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, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
The price is exclusive of any applicable current value added tax, which the Buyer shall be additionally liable to pay to the Seller.
(A) Standard delivery charge) £3.95
†We also operate a Premium Delivery Service for your convenience so that you can have your goods delivered next day.
- Next Day Delivery - £11.95 Please note: This service requires orders to be placed before 15:00 pm and is only available for orders to UK mainland only.
(B) Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
(C) 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 any 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.
(D) In the event that the Seller is found to have a liability under these Terms and Conditions, or under Statutory law, this liability shall be limited to the excess (if any) of the costs to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
(E) 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 then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
(F) Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage: or
(i) 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 Contract price or charge the Buyer for any shortfall below the Contract price.
6. DAMAGES, SHORTAGES OR NON DELIVERY:
(A) Damage or Short Delivery - Damage and/or shortages must be noted on carriers delivery sheet immediately and notice in writing given to Seller within 2 days of receipt of goods.
Non Delivery - Claims for non delivery must be made in writing to the Seller within 3 days of date of dispatch shown on invoice.
(B) Return of Goods:
All goods to be returned must be authorised before return. No unauthorised returns will be accepted. To arrange a return please contact us on 0191 3773737 (Fax.0191 3778433) or e-mail email@example.com. We must be informed within 7 working days from the date of recieving your goods of your intention to return items from your order. All return postage charges are to be paid by the customer. Once authorised please return the goods to us. All returned goods that are not faulty must be unused and returned in the original UNDAMAGED packaging or they will not be accepted for a credit. In this case a return postage charge of £4.95 will be charged and the goods returned to the customer.
McCormick Tools Ltd
Bowburn North Industrial Estate
For collections we will make a charge of £12.95 per box.
(C) Cooling off period
If you wish to return an item you must notify us in writing by fax, letter or email within 7 working days of receiving your goods. We do not accept cancellations by phone call. In crediting the customer, we comply with Distance Selling Regulations, 2000. This cooling off period does not apply to any badged/personalised items that you may have purchased from us. This also only applies to consumer purchases, not to business purchases.
(A) Payment must be made in advance. We accept all major credit cards including MasterCard, Visa, American Express and debit cards such as Switch and Delta.
8. WARRANTIES AND LIABILITY:
(A) Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(B) Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) order 1976) the statutory rights of the Buyer are not affected by these Conditions.
(C) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (other than due to damage suffered during transit) or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within one week from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery but not later than 3 months after delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, 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.
(D) 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 specification 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.
(E) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer due to 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 consequential compensation whatsoever (and whether caused by 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, except as expressly provided in these Conditions.
(F) The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract due to any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control, which shall include (without limitation) any:-
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) war or threat of war, sabotage, insurrection, civil disturbances or requisitions:
(iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
(iv) import or export regulations or embargoes;
(v) strikes, lock-out or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
(vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(vii) power failure or breakdown in machinery.
9. EXPORT TERMS:
(A) In these Conditions ‘Incoterms’ means the international rules for interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
(B) Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 9 shall (subject to any special terms agreed in Writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.
(C) The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
(D) Unless otherwise agreed in Writing between the Buyer and the Seller, the Goods shall be delivered F.O.B. to the air or sea port or shipment and the Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act (1979).
(E) The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller’s premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
(F) Payment of all amounts due to the Seller shall be made by irrevocable letter of credit opened by the Buyer in favour of the Seller and confirmed by a bank acceptable to the Seller or, if the Seller has agreed in Writing on or before acceptance of the Buyer’s order to waive this requirement, by acceptance by the Buyer and delivery to the Seller of a bill of exchange drawn on the Buyer payable 30 days after sight to the order of the Seller at such branch of National Westminster Bank Plc in England as may be specified in the bill of exchange, or by another method as agreed in writing by a director of the Seller. Payments must be made in Sterling.
(G) The Buyer undertakes not to offer the Goods for resale in any country notified by the Seller to the Buyer at or before the time the Buyer’s order is placed, or to sell the Goods to any person if the Buyer knows or has reason to believe that that person intends to resell the Goods in any such country.
10 .BUYER’S INDEMNITY:
The Buyer hereby indemnifies the Seller and undertakes to keep the Seller indemnified.
(A) against all costs, charges, liabilities or expenses including legal costs, reasonably incurred by the Seller in exercising any of its rights contained in these Conditions.
(B) in respect of any claim which may be made against the Seller under Section 6 of the Health and Safety at Work Act 1974 or any equivalent safety legislation outside the United Kingdom except where such claim arises as a result of the Seller’s proven negligence.
(A) Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
(B) No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
(C) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
(D) The Contract shall be governed by the laws of England and the Seller and the Buyer hereby submit themselves to the non-exclusive jurisdiction of the Courts of England and Wales.