STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
Definitions and Interpretation
In these Terms and Conditions, the following words shall have the following meanings:
- Buyer means the person(s), firm or company who purchases the Goods from the Seller
- Contract means the contract between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these Terms and Conditions Goods means any good or goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them)
- Seller means Russell Scientific Instruments Ltd of Rash’s Green Industrial Estate, Dereham, Norfolk NR19 IG, England, having its registered office at the same address
Application Of Terms
2.1 The Contract will be on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
Price and Payment
3.1 The price for the Goods shall be the price as displayed on the Seller’s website. All prices shown are in £ Sterling and are inclusive of VAT at the rate in force at the time of the sale. Prices include postage and packing for addresses with UK post codes. For Goods that cannot be sent by post and for delivery outside the UK, please contact the Seller who will give the Buyer a quotation for delivery charges.
3.2 The maintenance of prices as displayed is not guaranteed and prices are subject to alteration without notice.
3.3 Payment of the price for the Goods must be made in full prior to dispatch of the Goods. The Seller will contact the Buyer if any delay in the dispatch of the Goods is anticipated and/or if a product is temporarily out of stock.
4.1 The Goods are at the risk of the Buyer from the time of dispatch or delivery.
4.2 Both legal and beneficial ownership of the Goods shall not pass to the Buyer until the Seller has received in full in cleared funds all sums due to it in respect of the Goods.
4.3 Until such payment has been made, the Seller may at any time (and with out prejudice to any of its other rights) recover or resell the goods or any part of them and may enter the customers premises for this purpose. The Buyer may not resell the goods to which the seller retains title unless agreed by the Seller
Acceptance of orders
5.1 All contracts of sale made by the Seller shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication from the Buyer. All orders and contracts are accepted and fulfilled subject to these conditions under English Law unless otherwise agreed in writing.
6.1 All drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained on the Seller’s website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and no guarantee is given or implied that the goods will conform in absolute detail to the descriptions and illustrations.. They will not form part of this Contract.
6.2 The Seller reserves the right to amend specifications and to withdraw goods without prior notice.
6.3 Other than expressly stated on the website the Seller makes no representations as to the suitability of any goods for any purpose whatsoever.
7.1 The Seller will deliver the Goods ordered by the Buyer to the address for delivery specified at the time of purchase. This address may be different from the cardholder’s registered address.
7.2 Delivery will be made as soon as possible after the Buyer’s order is accepted and payment has been cleared. The Seller will endeavour to dispatch the Goods within 5 days of the date of the order being placed.
7.3 Any dates specified by the Seller for delivery of the Goods are intended to be an estimate, and time of delivery shall not form any part of any contractual obligation. If no dates are so specified, delivery shall be within a reasonable time. Whilst every effort will be made to despatch the goods on time, no liability can be accepted by the Seller for failure to deliver the goods in the specified time.
7.4 The Seller will accept no liability for shortages, damage, or non delivery of goods, unless the Buyer notifies the Seller in writing or by e-mail within three days of receipt of goods. The Seller's liability for the safety of the goods ceases upon the Seller placing the goods under the control and direction of the Post Office or carrier as appropriate.
Claims and Returns
8.1 Non-delivery or damage must be notified to the Seller in writing within three days. Inspection of goods on delivery prior to signing acceptance is essential. Carriers' notes for delivery of goods must be endorsed accordingly. Failure to observe the proper claims' procedure will invalidate the Seller's contractual liability under these conditions of sale.
8.2 Undamaged, unopened and fully marketable Goods may be returned by prior agreement with the Seller, who reserves the right to make a cancellation or administrative charge.
8.3 For international returns from outside of EU, a Custom's Declaration stating that the Goods are being returned, either for replacement or refund, must be included with the Shipment. The Seller is unable to accept international returns without correct documentation.
8.4 In the unlikely event that Goods arrive visibly damaged, under no circumstances should the Buyer accept delivery. Should damage not be apparent on delivery, please notify the Seller immediately so that a claim can be submitted without delay.
All monies paid form part of a contract of sale and are non-refundable. Orders will be considered cancelled upon notice from the Buyer, or failure to take delivery of the Goods within a period of 30 days from when the Seller notifies the Buyer that the Goods are ready for despatch. If for any reason the Buyer fails, or refuses to take delivery of the Goods at the time that such goods are due and ready for delivery, the Buyer will be in breach of contract. The Seller may sell or otherwise dispose of the Goods without prejudice to the Seller's right to legal redress for loss suffered in consequence of the customers failure to take delivery of the goods.
10.1 If the Goods delivered are damaged or defective or the delivery is of an incorrect quantity, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 10 working days of the delivery of the Goods
10.2 If the Buyer does not receive the Goods ordered by it within 30 days of the date of making the purchase, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 40 days of that date.
10.3 If the Buyer notifies a problem to the Seller under either Condition 11.1 or Condition 11.2, the Seller’s sole and exclusive obligation will be, at the Buyer’s option: to make good any shortage or non-delivery; or to replace or repair any Goods that are damaged or defective; or to refund to the Buyer the amount paid by the Buyer for the Goods in whatever way the Seller chooses.
10.4 Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Goods under Condition 11.3 above.
10.5 The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Goods from the Seller. The Seller makes no representation and accepts no liability in respect of the export or import of the Goods.
10.6 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller’s liability to the Buyer for any death or personal injury resulting from the Seller’s negligence.
11.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from the Buyer to the Seller must be in writing and sent to the Seller at Rash's Green Industrial Estate, Dereham, Norfolk, NR19 1JG, England.
11.2 All notices from the Seller to the Buyer will be sent to the address at which the Buyer’s credit or debit card is registered.
Events Beyond the Seller’s Control
The Seller shall have no liability to the Buyer for any failure to deliver the Goods or any delay in doing so or for any damage or defect to the Goods delivered that is caused by an event or circumstance beyond the Seller’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which the Seller excludes its liability to the Buyer) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.
Third Party Rights
Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
Privacy and Security
15.1 The Seller does not disclose any Buyer’s information to third parties and undertakes to comply with applicable UK Data Protection legislation from time to time in place. Cookies are used on this shopping site, but only to keep track of the contents of the Buyer’s shopping cart once an item has been selected for purchase.
15.2 If the Seller is requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide the Buyer’s personal Information and/or information concerning the Buyer’s activities whilst using this website, the Seller shall do so. The Seller reserves the right in its reasonable discretion to disclose details of the Buyer’s use of the website in relation to any, or any threatened, Court Proceedings in connection with the Buyer’s use, or the use of anyone under the Buyer’s control, of the website whether in connection with the matters set out in these Terms and Conditions or otherwise.
Russell Scientific Instruments Ltd
Rash's Green Industrial Estate, Dereham, Norfolk, NR19 1JG, England.
Tel : Int +44(0)1362-693481
Fax : Int +44(0)1362-698548
E-mail : firstname.lastname@example.org
Website : www.russell-scientific.co.uk
Company registered in England and Wales, No. 1188173
Registered office at the address above.