QUALITY, CANCELLATION & RETURNS

1 The Supplier warrants that on delivery the Goods shall:

 (a) conform in all material respects with their description subject to any qualification or representation contained on the Supplier´s website, or in any brochures, advertisements or other documentation;

 (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);

 (c) be fit for any purpose stated by the Supplier or for any reasonable purpose for which the Customer uses the Goods pursuant to any Specification;

 (d) be free from material defects in design, material and workmanship, but for the avoidance of doubt this does not include scratches and other non-material blemishes on the finish of the Goods caused by the manufacturing, storage or delivery processes; and

 (e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

2 Where the Customer has indicated that they are a consumer rather than a business and therefore that the Goods are intended for personal and not business use, the warranty in clause 4.1 is in addition to its legal rights in relation to Goods which are faulty or which otherwise do not conform with these Conditions. Advice about a consumer´s legal rights is available from any Citizens´ Advice Bureau or trading standards office.

3 Where the Customer has indicated that they are a business rather than a consumer and therefore that the Goods are intended for business and not personal use, except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

4 The warranty in clause 4.1 does not apply to any defect in the Goods arising from any use made of the Goods after giving notice of a defect, fair wear and tear, wilful damage, accident, negligence by the Customer or any third party (save for those engaged in delivery of the Goods), if the Customer uses the Goods in a way that is not recommended, the Customer´s failure to follow the Supplier´s or manufacturer´s instructions, or for any alteration or repair carried out by the Customer.

5 These Conditions apply to any repaired or replacement Goods supplied, in the unlikely event that the original Goods are faulty or do not otherwise conform with these Conditions.

6 Where the Customer is a consumer only, and the Customer wishes to cancel the Order or is unhappy with the Goods for any other reason after they are delivered, the Goods may be returned to us at your own cost.  You must notify us of your wish to return the item within 14 days of receiving your the goods and then the returned goods must be received within a further 14 calendar days (30 days for faulty/damaged goods). Following expiry of this period the Customer shall have no right to return the Goods.  The right to cancel does not apply to contracts for the supply of goods which are, after delivery, according to their nature, are inseparably mixed with other items (such as a tank or pump having been used with fuel or other liquid).  Please advise us of your desire to return the goods so that the correct returns address and/or returns number can be provided to you.  

7 Upon receipt of the returned Goods and providing the returned Goods are, in the Supplier´s reasonable opinion, unaltered and undamaged, the Supplier will refund the amount paid for the Goods.  For BUSINESS Customers only; the refund will be less the original shipping charge and a restocking and administration fee of 50% + Vat of the total Order value.

8 No refund shall be given for products that have been manufactured to a Specification (bespoke made), unless the goods are faulty.

 

5.TITLE AND RISK

1 The risk in the Goods shall pass to the Customer on completion of delivery.

2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:

 (a) the Goods; and

 (b) where the Customer is a business, all other sums which are or which become due to the Supplier for sales of the Goods or any other products to the Customer.

3 Until title to the Goods has passed to the Customer, the Customer shall:

 (a) hold the Goods on a fiduciary basis as the Supplier´s bailee;

 (b) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier´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 Supplier immediately if it becomes subject to any of the events listed in clause 7.2; and

 (f) give the Supplier such information relating to the Goods as the Supplier may require from time to time, but the Customer may use the Goods in the ordinary course of its business.

4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 7.2, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.