320 / 323
320
Trade prices ex. VAT
1 Definition
11The
“Buyer”
means the person who buys or agrees to buy Goods
from the Seller
12The
“Seller”
means Electrical Direct Limited registered in England
andWales with Company Number 02646135 whose registered office is
at Essex ElectricalWholesalers Ltd East Street Braintree Essex CM7 3JW
VAT No 594 8182 92
13
“Terms and Conditions”
means theTerms and Conditions of Sale
set out in this document and any special conditions agreed in writing
by the Seller
14
“Order”
means the contract between the Seller and the Buyer
for the sale and purchase of Goods in accordance with theseTerms
and Conditions
15
“Goods”
means the goods (or any part of them) set out in the Order
16A reference to writing or written includes faxes and e-mails
2 Basis of Contract
21TheseTerms and Conditions govern the sale of Goods by the Seller to
the BuyerTheseTerms and Conditions constitute the
entire and only agreement between the parties in relation there toThe
Seller’s acceptance of the Order by delivery of the Goods
constitutes a legally binding contract between the parties on these
Terms and Conditions
22All orders placed by the Buyer are on the basis of theseTerms and
Conditions and are subject to acceptance by the Seller by
delivery of the Goods to the Buyer at which point a legally binding
contract is constituted between the partiesThe processing of
payment and acknowledgment of the Buyer’s Order does not
constitute legal acceptance of the Order
23TheseTerms and Conditions supersede all previous terms and
conditions issued by the Seller and the Buyer agrees to be
governed by them in all matters arising from the purchase of Goods
from the Seller
3 Price and Payment
31The price payable for the Goods is as set out on the Seller’s website
at the time the Order is placed or, if an order is placed from one of the
Seller’s catalogues,as set out in the catalogue from which the order is
placed (provided it is a current catalogue),plus any charges for insurance
and carriage as set out in the Seller’s current applicable catalogue
32 Subject to clause 33, the Seller must receive payment for the whole
of the price of the Goods ordered,and any applicable charges for
packaging, insurance and delivery,before the Order can be accepted
unless the Seller has agreed otherwise in advance in writing
33 If the Buyer is an account customer,payment shall be made in full
at the end of the month following date of invoiceTime shall be of the
essence for paymentThe Seller may revoke credit if the Buyer fails to
make payment when due If payment is not made when due, interest is
payable at the rate of 4 per cent over the Royal Bank of Scotland Plc’s
base lending rate from time to time on the amount outstanding from
the due date for payment until receipt by the Seller of the full amount
(including any accrued interest) whether before or after judgment,
together with any reasonable legal or other recovery costs
34 On occasion, the prices payable of Goods advertised on the Seller’s
website may differ from those prices offered in the then current
catalogue,and the Seller is under no obligation to honour any web site
price if there is such a difference Occasionally, the Seller advertises
Goods at a promotional price; the Buyer must quote the relevant
promotion code otherwise the Buyer may be charged the full price
35The Buyer is responsible for all orders placed by its authorised
employees and the Seller is not bound by any individual order limit
the Buyer may impose on its authorised employeesThe Buyer must
inform the Seller in writing as soon as a relevant employee is no longer
authorised to place and receive Orders
36All prices quoted are subject toVAT at the prevailing rate on the
date of despatch
37 Occasionally an error may occur and Goods may be incorrectly priced
in which circumstances the Seller will not be obliged to
supply the Goods at the incorrect price,but will inform the Buyer of the
correct valid price to enable the Buyer to re-order
38 Prices are valid as stated in Clause 15 unless the Seller requires
for commercial reasons to vary any price during the current catalogue
period it will notify the Buyer at the point of order or otherwise in its
issued literature
39 No payment transaction will be completed until immediately prior to
the point of despatch
310 Specific additional terms and conditions may apply to
promotional and voucher offersThese terms can be seen on our website:
http://wwwElectricalDirect.com/information/terms4 Delivery and Title
41 Unless the Buyer tells the Seller it wishes to collect the Goods,
the Seller will deliver the Goods in accordance with the OrderA valid
signature will be required on collection or delivery
42 Subject to clauses 43 and 44, title to the Goods will remain with the
Seller until such time as all Goods are delivered and paid for in full
43Title to the Goods shall not pass to the Buyer until the Seller has
received payment in full for the Goods and all other sums which are or
which become due to the Seller for sales of Goods to the Buyer
44 Until title to the Goods has passed to the Buyer, the Buyer shall:
a) hold the Goods on a fiduciary (good faith) basis as the Seller’s bailee
(custodian);
b) store the Goods separately from all other goods held by the Buyer so
that they remain readily identifiable as the Seller’s property;
c) not remove,deface or obscure any identifying mark or packaging on
or relating to the Goods
d) maintain the Goods in satisfactory condition and keep them
insured against all risks for their full price from the date of delivery
e) notify the Seller immediately if it becomes the subject to any of the
events list in clause 81; and
f) give the Seller such information relating to the Goods as the Seller may
require from time to time
but the Buyer may resell or use the Goods in the ordinary course of
its business
45 In the unlikely event that the Buyer has not received all the Goods
within 48 hours of the date of delivery (or where the Buyer has requested
a delayed despatch within 48 hours of the requested despatch date), the
Buyer must notify the Seller immediately
46The Seller will endeavour to deliver the Goods in accordance with the
Order within the stated delivery time In the unlikely event that the Seller
does not make the Goods available to the Buyer within 30 days of the
Order the Seller will have the option of
cancelling the Order by notifying the Buyer accordingly prior to
delivery Before placing the Order,please refer to the delivery
options set out in the Seller’s website and catalogue to ensure that
delivery can be made to the Buyer’s addressA valid signature will be
required on collection or deliveryThe Seller reserves the right to choose
to nominate the carrier In the unlikely event that the Buyer has not
received all the Goods within the stated delivery time, the Buyer must
notify the Seller immediatelyThe Buyer must not schedule or commence
any installation work until after the Buyer has received its Order and
checked all the Goods for any defects or missing parts
5 Availability
51While the Seller endeavours to hold sufficient stock to meet all orders,
if the Seller has insufficient stock to supply or deliver the Goods ordered
and paid for by the Buyer, the Seller may,at its
discretion, supply or deliver a substituted product or refund to the Buyer
the price paid for such Goods as soon as possible and in any case
within 30 days or, in the case of an account customer, the Seller may,
in its absolute discretion,as soon as possible raise a credit to offset the
amount invoiced to the Buyer
52 Colour and finishes may vary slightly as is dependant on products
supplied by manufactures
6 Returns,Shortages,Damaged Goods & Cancellations
61The Buyer may return any unwanted, faulty or damaged Goods to
us within 30 days without any handling charge,providing the Goods,
including packaging,are in a re-sellable condition subject to 64
62 In the unlikely event of the Order being supplied incomplete or Goods
arriving damaged in transit the Buyer must notify the Seller in writing
within 14 days of delivery
63The Seller will refund the same method of payment used to purchase
the Goods
64The Seller is unable to accept the return of any non-standard special
product that has been supplied correctly in accordance with the Buyer’s
instructions
65The Buyer may cancel its order by giving the Seller notice of
cancellation within 30 days of the date of delivery to the Buyer or
collection from a trade counter Such notice may be given by phone,mail,
fax or email If the Buyer is canceling because of any problem with the
Goods,please notify the Seller of the problem at the time of cancellation
66 On cancellation for whatever reason, the Buyer must return the
Goods to the Seller at the Buyer’s cost unless the Seller agrees that
the Buyer may dispose of them in which case please comply with the
manufacturer’s instructions before disposing of hazardous GoodsWhere
the Goods are being returned because they are faulty, incorrect Goods or
because of unsuitable substitution by the Seller, the Seller will meet the
cost of return and the Seller can nominate the carrier
67All Electrical products are guaranteed for a minimum of 1 year,unless
otherwise statedThe guarantee covers these
products when fitted,used and maintained as per their
specifications including fair wear and tear
7 Liability
Please read this clause
71 If the Buyer has notified the Seller of a problem with the Goods within
30 days of delivery, the Seller will (subject to clause 5) either make
good any shortage or non-delivery; replace or repair any Goods that are
damaged or defective upon delivery; or refund to the Buyer the amount
paid by the Buyer for the Goods in question
72The Seller shall have no liability to pay any money to the Buyer by way
of compensation other than any refund the Seller makes under these
Terms and ConditionsThe Seller’s liability to the Buyer shall not in any
event include losses related to any business of the Buyer, such as loss
of profits or business interruption; neither will the Seller be responsible
to the Buyer for any other loss which is not a foreseeable consequence
of the Seller being in breach of theseTerms and Conditions or its legal
duties The Seller’s total liability to the Buyer in respect of all other losses
arising under or in connection with this agreement shall not exceed the
price of the Order
73This does not affect your statutory rights,nor is it intended to exclude
the Seller’s liability to the Buyer for fraudulent
misrepresentation or for death or personal injury resulting from the
Seller’s negligence or any matter in respect of which it would be
unlawful for the Seller to exclude or restrict liability
74 Goods are intended for use in the UK only and the Seller
cannot confirm that the Goods comply with any laws, regulations or other
standards applicable outside the UKAll Goods are sold in
accordance with the manufacturer’s specifications and are subject
to any qualifications, representations or instructions contained in the
documentation associated with the Goods
75 Subject to Clause 73, the Seller will not be responsible to the Buyer or,
in the event that the Buyer is undertaking work for
another person, to any other person, for the use or installation of any
Goods by the BuyerAccordingly, if the Buyer is a trade customer, the
Buyer hereby agrees to hold the Seller harmless,and indemnify the
Seller against any liability associated with,any claim or allegation that
the Seller is responsible for any failings in the installation or use of Goods
that the Seller supplies
8 Termination
81The Seller may suspend further supply or delivery, stop any Goods
in transit or terminate the contract by notice in writing to the Buyer if
the Buyer is in breach of an obligation hereunder or the Buyer becomes
unable to pay its debts when they fall due or
proceedings are commenced by or against the Buyer alleging
bankruptcy or insolvency
82 Upon termination, the Buyer’s indebtedness to the Seller
becomes immediately due and payable and the Seller shall be under no
further obligation to supply Goods
9 Force Majeure
In the event that the Seller is prevented or delayed from carrying out its
obligations under this agreement as a result of any cause beyond its
control such as but not limited to acts of God,war, strikes, lockouts,flood
and failure of third parties to deliver Goods, the Seller shall be relieved of
its obligations and liabilities under such agreement for as long as such
fulfilment is prevented
10 Health and Safety
101 By purchasing from the Seller the Buyer acknowledges that it is
aware of all health and safety requirements pertaining to the products
and their application
102 By purchasing from the Seller the Buyer assumes full liability for the
consequences of its actions and acknowledges that the Buyer is obliged
to report any misuse or abuse of the Sellers’
products and/or services
11 Age Requirement for Specific Goods
Where the Buyer places an Order for age-restricted Goods such as
solvents and knives, the Buyer confirms that it is over the age of 18 and
that delivery will be accepted by a person over the age of 18The Seller
reserves the right to cancel the Order if the Seller
reasonably believes the Buyer is not legally entitled to order certain Goods
12 Disposal of electrical and electronic equipment
TheWEEE regulations 2013 (applies from 1 January 2014) ensure that
the amount of waste on certain electrical and electronic equipment is
reduced, separated from household waste,collected separately and
ultimately disposed of in a sound environmental manner (recycled and
recovered) If the Buyer is a trade customer, the Buyer agrees that the
collection, recovery/treatment and disposal of non
household electrical or electronic equipment purchased from the Seller
will be the Buyer’s responsibility In the case of household waste,please
take this waste to the Buyer’s nearest Designated Collection Facility (DCF)
where special facilities exist for correct
disposal
13 General
131 If any provision of theseTerms and Conditions is invalid,
illegal or unenforceable (including any provision in which the Seller
excludes its liability to the Buyer) that provision shall, to the extent
required,be deemed to be deleted and the validity, legality or
enforceability of any other part of theseTerms and Conditions will not
be affected
132Where any terms or conditions may be valid by the inclusion or
exclusion of one or more conditions it will be considered that those
amendments have taken place with the minimum
modification necessary
133This contract and any dispute or claim arising out of or in
connection with it shall be governed by and interpreted in
accordance with English law, the parties irrevocably submit to the
exclusive jurisdiction of the courts of England andWales
134TheseTerms and Conditions constitute the entire agreement
between the parties The Buyer acknowledges that it has not relied on
any statement,promise or representation made or given by or on behalf
of the Seller which is not set out in the Order
135A person who is not a party to the contract shall not have any rights
under or in connection with it
136 By submitting the Order/requesting information the Buyer
consents toThe Seller retaining and using the Buyers personal data for
the purpose of advertising,marketing and its administration; this includes
providing information to service providers and carefully selected third
parties whose products the Seller thinks may be of interest to the Buyer
The Buyer indicates its consent to receiving marketing messages from
the Seller and third parties unless the Buyer notifies the Seller otherwise
14 Copyright
Drawings,photographs,part numbers, layout and style are all
considered the property of the Seller Reproduction in whole,or in part, is
strictly prohibited without prior written permission of the Seller Quantities
and measurements are approximateAll trademarks are acknowledged
Exact products may vary from those shown
© ElectricalDirect Ltd Registered Office:Essex ElectricalWholesalers Ltd
East Street Braintree Essex CM7 3JWVAT No 594 8182 92
15 Price Validity
Subject to clause 38 prices are valid until 01/03/2017
Terms