In these conditions of sale ("Conditions"), unless the context requires otherwise:Trade Marque Tools Unit 5 Ridings Park Hawks Green Cannock Staffs WS11 7FJ
"we, us and our" means Trade Marque Tools, Unit 5 Ridings Park, Hawks Green, Cannock, Staffs, WS11 7FJ
"Contract" means each contract for the supply of Goods by us into which these conditions shall be incorporated;
"Card" means the credit or debit card which you use to make payment for the Goods;
"Despatch" means the date on which Goods leave our premises for delivery to the address supplied by you;
"Goods" means the goods which we supply in accordance with these conditions;
"Order" means a purchase order in respect of the Goods issued by you to us; and
"Site" means any website of ours in respect of which these Conditions apply.
1. FORMATION OF CONTRACT
1.1 All quotations are made and all orders are accepted subject to these conditions. These terms may be amended from time to time by us and published on the Site. If you access the Site after changes have been posted, you shall be bound by such changes. We therefore recommend frequent review of these terms.
1.2 All Orders whether placed on the Site or by another method, will be subject to our acceptance in accordance with these terms and conditions. Acceptance of the Order and the completion of the contract between you and us will take place on Despatch to you of the Goods ordered unless we have notified you that we do not accept your order or you have cancelled it.
1.3 Any offers for Goods at discounted prices, including those detailed on the Site, may be available for acceptance by us for a limited period of time as stated in that offer.
1.4 Any quotations shall be available for acceptance for a maximum period of 30 days from the date thereof.
1.5 Where you purchase Goods: via the Site, by clicking on the [I Accept] button at the bottom of these Conditions, you agree to be bound by these Conditions.
2. SITE DISCLAIMER
2.1 We do not promise that the Site will always be available or that its operation will be error free, nor do we accept responsibility for any adverse effects of accessing it, or downloading material from it. This includes any adverse effects from the downloading of viruses; the loss of or corruption to material that is downloaded or of any programs or data already on your system; and web site browser incompatibility problems.
2.2 The Site may contain references to our products or third party products and services that may not be readily available in a particular country. We do not give any warranty that any such products or services shall be available at any time in any particular country.
3.1 Subject to condition 3.3, prices stated by us at the time we receive your order are the prices you pay except where we discover an error in the price of the Goods you have ordered. In this event, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
3.2 Any special offers may only be available for a limited period.
3.3 Except as otherwise stated under the terms of any quotation of ours, and unless otherwise agreed in writing between you and us, prices stated do not include delivery to the location you specify. Where the total value of an order for Goods to be delivered to any mainland address in the UK:
Where Goods are ordered:
(a) and Goods are to be delivered to an address outside the UK mainland, the delivery value may not be available at the time the Order is placed and will be "Customer to be notified". We shall determine the cost of delivery and notify you prior to delivery;
3.4 We will not take payment or ship Goods until we have received your consent (including but not limited to consent by email or fax) to the cost of delivery.
3.5 We reserve the right to charge you for any additional reasonable cost we incur as a result of any change in delivery dates, quantities or specifications for the Goods which you request, or any delay caused by any of your instructions or your failure to give us adequate information or instructions.
3.5.1 Prices shall be stated on the Site both: inclusive of VAT at the current rate of VAT charged in the UK.
3.6 Prices stated otherwise than on the Site are exclusive of VAT and any other tax or duty relating to the manufacture, transportation, export, import, sale or delivery of the Goods which shall, in addition, be payable by you.
4.1 Subject to any special terms agreed in writing between us and you, liability for payment shall arise during the Online process or prior to Despatch. We may delay Despatch until receipt of authorisation for payment to be taken from any Card provided. Where you have provided Card details, we shall take payment from your Card during the Online process.
4.2 Where Goods are delivered by instalments we may charge at our discretion:
4.2.1 the full value of the Goods upon Despatch of the first instalment; or
4.2.2each instalment separately.
5.1 Delivery shall take place when the Goods delivered to the address specified by you.
5.2 Where a quotation which contains a delivery date has been provided, if we do not deliver the Goods within five days of that delivery date, you may nominate a date on which you want us to deliver. If we have not delivered by the date you have nominated you may cancel the contract.
6.1 You are entitled to cancel this Contract by giving us written notice (using this template) at any point prior to Despatch of the Goods.
6.2 If this Contract constitutes a "distance contract" (i.e. one where you are not physically present with us at the time the Contract is concluded, including without limitation, Contracts entered into via the Site), you are entitled to cancel this Contract by giving us written notice within fourteen days of the day following the day on which you receive the Goods.
6.3 If you cancel this Contract under condition 6.2 above following delivery, you agree to return the Goods, in their original packaging, to us at your expense or agree to pay our expenses incurred in recovering the Goods.
6.4 If you cancel this Contract under condition 6.1 (where repair or replacement is not available within a reasonable time) we shall refund all sums paid by you to us under this Contract less a reasonable sum for collection of the Goods if you fail to comply with condition 6.2.
7. WARRANTY AND LIABILITY
7.1 We warrant that (subject to the other provisions of these conditions) for a period of 12 months from the date of delivery, the Goods will be free from defects in workmanship or material.
7.2 The warranty contained in condition 7.1 shall not apply where:
7.2.1 the Goods contain moving parts; or
7.2.2 the Goods require calibration in accordance with instructions provided by us or the manufacturer.
7.3 We shall not be liable for a breach of the warranty in condition 7.1 if:
7.3.1 you make any further use of such Goods after giving us notice of a defect; or
7.3.2 the defect arises because you failed to follow the manufacturer's or our written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or
7.3.3 you replace, repair or fit parts to the Goods which were not supplied by us, or without our written consent;
7.3.4 if the Goods have been stored, handled or applied in such a way that damage is likely to occur;
7.3.5 in respect of any defect in the Goods arising from any free issue materials or any drawing, design or specification supplied by you.
7.4 If any of the Goods do not conform with the warranty in condition 7.1, we shall at our option repair or replace such Goods (or the defective part) or, if repair or replacement are not available within a reasonable time, we shall refund the price of such Goods at the pro rata contract rate provided that you return the Goods, or the part of such Goods which is defective to us.
7.5 Any Goods replaced will belong to us and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the 12 month period.
7.6 We reserve the right but accept no obligation to repair or replace Goods returned to us outside the 12 month warranty period free of charge.
8. SITE LINKS
8.1 The Site contains links to various third party websites which may of interest to you. However, we have no control over the content of such websites and we accept no liability for any loss or damage arising as a result of you using or relying upon the information and services obtainable from such websites. Your visiting of any external websites via links from this Site is entirely at your own risk.
8.2 Without limiting condition 8.1, we do not make any representations or warranties as to the security of any information (including credit card and other personal information) you might be requested to give any third party through linked websites and you waive any claim against us with respect of such matters.
8.3 Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party.
9. DATA PROTECTION
10.1 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by pre-paid first class letter post or facsimile transmission. Any notice or document shall be deemed served, if delivered, at the time of delivery; if posted, 48 hours after posting, and if sent by facsimile transmission, at the time of transmission.
10.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 The Contract (and any proceedings whereby one party might be entitled to join the other as a third party) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
10.4 The invalidity, illegality or unenforceability of any provision of these conditions in whole or in part shall not prejudice the effectiveness of the rest of these conditions or the remainder of any part of a condition affected.
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