| The following terms and conditions apply to all transactions on this website.
Your use of this site indicates acceptance of these terms and conditions. Placement of an order indicates your acceptance of these terms and conditions, so please read them carefully and print a copy for future reference.
1. Interpretation
The following words and phrases shall have the following meanings in these Terms and Conditions (Terms),
"The Buyer" means the person, firm or company who purchases the Goods from the Company:
"The Company" means the Chelmer Valve Company Ltd;
"Contract" means the contract between the Company and the Buyer, which shall be deemed to incorporate these Terms;
"Goods" means any goods agreed in the Contract to be supplied by the Company to the Buyer;
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
3. Delivery and availability
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
4. Time Limitation for Notification of Claims
Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 3 days from delivery. You must keep all original packaging and this must be made available for the carrier’s representative to inspect. We will abide by the carriers decision.
Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us in writing within 3 days from delivery.
Incorrect Goods: It is your responsibility to notify us in writing of any incorrect goods supplied within 3 working days from delivery.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods.
5. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums, which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
Hold the Goods on a fiduciary basis as the Company's bailee; Store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company's property;
Not destroy or deface any identifying mark on the Goods or their packaging;
Maintain the Goods in satisfactory condition insured with the Company's interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
6. Payment and price
Payment in full is required prior to delivery of the Goods.
We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the amended price and give you the opportunity to cancel the order. All prices on our website are EXCLUSIVE of VAT and delivery charges. You are responsible for all duties and taxes imposed by your country and any other charges imposed on route via the carrier or any government body. For companies who are V.A.T registered in E.C member states and are in the same business, the sale of electronic components or use any of our products on a commercial basis we can Zero rate the export for V.A.T. In order for us to do this you must provide us IN ADVANCE or at the time of order a copy of your current V.A.T registration certificate. This must be in hard format either faxed or posted. If we do not have this at the time the order is processed then we will charge V.A.T at the current rate. Will not change an order once processed and charged. It is the responsibility of the buyer to provide any documents or supporting evidence prior to the processing of an order.
7. Warranties
The Company warrants that the Goods are of satisfactory quality and NOS where advised. Warranties are given on a case by case scenario at the time of quoting, if no warranties are mentioned in the quotation then a 6month warranty will apply, 30day full warranty/replacment and 5 months pro rata.
8. Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the value of the Goods purchased and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
10. General
These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age and accept delivery anywhere in the world. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms, which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts. |