Delivery Terms and Conditions
DEFINITIONS
The definitions and rules of interpretation in this condition shall apply in the conditions:
- “Courier” means the delivery Courier contracted by Us to deliver your goods.
- "Consignee" means the person to whom the Consignment is addressed.
- "Consignment" means goods sent together at one time for the same Customer bearing a Delivery
Address.
- "Customer" means the person, firm or company that enters into a contract to purchase goods
from Us.
- "Delivery Address" means the address to which the goods are to be delivered too.
- “Equipment” means any equipment, machinery, parts, spares, software and any other goods
supplied by Us.
- "ESCD" means an electronic signature capture device which is capable of receiving, storing
and transmitting Customer and Consignee information, including location of the device, or
the person goods are delivered to, including signatures.
- "Neighbour" means a person who lives or works in a property within 50 metres walking
distance of the Delivery Address.
- "Pickup (Services)" means the service where the Customer or the Consignee selects the option
for the Consignment to be picked up or dropped off at a third party location, such as a
local shop, which is close to the original Delivery Address ("Pickup Location") or where the
Company elects to deliver the Parcel to such a third party location.
- TRANSIT AND DELIVERY
- The Customer specifically authorises Us to make any such contract of carriage on behalf
of the Customer as wW consider necessary and We will be under no obligation to notify
the Customer thereof.
- The Customer shall be responsible for complying with all conditions and requirements of the
appointed Courier.
- Transit shall commence when the Consignment is passed to the Courier whether at the point of
collection or at its premises.. The Courier is entitled to carry goods by any means of
transport and by any route whatsoever.
- Transit shall (unless the Courier previously decides otherwise) end either:
- when the Consignment is offered for delivery at the Delivery Address;
- when, in accordance with instructions from the Customer or the Consignee, the
Consignment is left in a safe place;
- when, in accordance with instructions, the Consignment is made available for
collection at one of the Courier's depots or Pickup Locations;
- when the Consignment is offered for delivery in accordance with 1.4; or
- when the Consignment is held by the Courier for collection following attempted
delivery when the Consignee or a person authorised on the Consignee's behalf
collects the Consignment from the Courier's depot; and in the event that the Courier
holds Consignments pursuant to 1.3(c) and 1.3(e), delivery shall be deemed to have
ended if the Consignment is not collected within a reasonable time and the
Consignment shall be held solely at the Customer's risk and subject to disposal.
- Unless the Customer notifies the Courier and Us in writing otherwise and such notice is formally
acknowledged in writing by the Courier, the Courier and Us, shall be entitled to deliver the
Consignment to a Neighbour of the Consignee's address, a concierge at the Consignee's
Pickup Location accessible within the Courier's delivery hours or to any other location of the Courier's discretion at the Consignee's address . For the purposes of
1.3, transit of the Consignment shall be deemed to have ended at the time of delivery to
such location stated in 1.5
- Any specific timescales for delivery and/or collection which We give are estimates only.
We shall not be deemed to be in breach of the Contract or have any liability to the Customer
(whether in contract, tort, negligence or otherwise and howsoever arising) for any failure
to fulfil any delivery and/or collection within any specified timescales.
- The Courier may require a recipient of a Consignment to sign an ESCD as proof of delivery of
the Consignment and/or record evidence of a Courier’s ESCD GPS location as proof of the
same. Any record of the recipient's signature, or the ESCD GPS Location or such other confirmation as the Courier may advise from time to time obtained by Us shall be conclusive
evidence of the delivery of Consignments (including the quantity of such Consignments)
comprised in the Consignment. The recipient's signature and/or electronic scan record and/or ESCD GPS Location shall
be evidence of delivery of the Consignment.
- The Customer shall be responsible for inspecting the Equipment on arrival and shall notify
Us immediately if there is any damage, discrepancy or shortage or within 7 days after
receipt of notice of despatch in the event of non- arrival.
- RETENTION OF TITLE
- The Customer expressly agrees that until We has been paid in full for the
equipment
comprised in this or any other sales contract between them and that all outstanding amounts
due
to Us from the Customer or any associated or subsidiary or holding company of the
Customer or
from any director or shareholder of the Customer or any other such company, that:
- the equipment shall remain the property of Us and the Customer, as bailees of
them
for Us will store the same for Us in a proper manner without charge and in
such a
way that the equipment is clearly identified as being Our property,
notwithstanding that the risk therein shall pass to the Customer as provided herein,
and;
- at any time We may recover from the Customer the equipment remaining in the
Customer’s possession, and for the purpose thereof may enter upon any premises of or
occupied by the Customer or any third party (with the consent of that third party),
and.
- The risk in the Equipment shall pass to the Customer on despatch, thereafter the Customer
shall
be responsible for the satisfactory care and protection of the Equipment.
- PAYMENT
- All goods purchased must be paid for in advance of despatch except where a credit account
has
been authorised by Us. Where such credit terms apply, unless otherwise agreed in writing,
the
price must be paid within 14 days after despatch. The fourteen day period starts on the date
shown on the invoice and finishes at close of business on the fourteenth day after that
date,
unless that day falls on a bank holiday, in which case the period shall be extended until
the
next day. No goods will be despatched if this would cause any allocated credit limit to be
exceeded.
- In no case shall any dispute concerning any item or separate part of the Equipment or work
or
any further contractual obligation of Us to the Customer affect the Customer’s obligation
in
respect of payments for other parts if any part or instalment of the price is not paid when
due,
or work on the Equipment is held up for any reason attributable to the Customer, or the
Customer
incurs bankruptcy, insolvency, liquidation or the appointment of a Receiver, the full price
of
the Equipment less any sums already paid in respect of the Equipment and/or work done by
Us
shall immediately become due and payable by the Customer and We may at Our option cancel
the
contract or cancel or suspend despatch.
- Without prejudice to any other right of Us all overdue payments shall carry interest at
the
rate of two per cent per month over Natwest's standard business rate on the amount or amounts
for
the time being outstanding.
- In the event that the Customer does not take delivery of the whole quantity of the goods
which
are the subject of any contract to which these conditions apply on the date or within the
time
laid down by such contract then, without prejudice to any other remedy available to Us
any
discount or other allowance in respect of quantities of goods ordered which is or would be
otherwise allowed to the Customer shall be recalculated to the level of goods or services
actually accepted by the Customer.
- Any chargebacks received for any payments made by credit card will be subject to a £75
administration charge. This is a direct reflection of the charges and administration We
receive and require to process this chargeback with our card provider. The charge cannot be
cancelled once initiated and a withdrawal of the chargeback will still incur charge.
- CUSTOMERS' INDEMNITY
- The Customer shall indemnify Us fully for any duty, tax or charge that it has not paid under
the Contract and for any failure to export goods which have been zero-rated for the purposes
of Value Added Tax (or similar tax or duty) or to comply with any conditions relating to
importing or exporting zero-rated goods.
- The Customer shall indemnify Us against all liabilities, costs, expenses, damages and losses
(including but not limited to any direct, indirect or consequential losses, loss of profit,
loss of reputation and all interest, penalties and legal costs (calculated on a full
indemnity basis) and all other reasonable professional costs and expenses) suffered or
incurred by Us arising out of or in connection with:
- any negligent act, negligent omission, negligent misdirection, negligent
misstatement or fraudulent act by the Customer, sender or Consignee, its servants or
agents;
- any claims made or penalties imposed by the HM Revenue & Customs or equivalent in
overseas jurisdictions;
- any inaccurate or false information supplied to Us by the Customer which relates
to the Customer and/or the goods comprised in any Consignment;
- the Customer's unreasonable detention of vehicles, containers, sheets, pallets and
like equipment;
- any claim being made by any third party against the Company in respect of loss of or
damage to the goods or in respect of any conversion of or interference with the
goods.
- PERFORMANCE DATA
- Any performance figures quoted or referred to in any specification or other document used in
concluding a contract, are estimates only, based on assumed conditions in a well managed
office
with experienced, adequate and efficient operators and efficient services, and proper use of
satisfactory materials.
- RESTOCKING CHARGES
- Entirely at Our discretion, We may allow a customer to return goods unused and in
pristine unopened condition after a sales order has been processed and full payment has been
taken. Us reserve the right to levy a restocking fee of up to 15% of the original
purchase
price.
- If restocking is agreed with the customer, We will withhold the issue of a credit note
until
the goods have been returned and checked into our warehouse.
|
