terms and conditions
These terms & conditions govern the supply of goods sold by toolite unit 3/2 the mews brook street mitcheldean gloucestershire gl17 0sl.{We and us} to the customer {you} and constitute the entire and only agreement between us in relation there to.
All orders placed by you are on the basis of these terms and conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us.The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
price & payment
The price payable for the goods you order is as set out on our web site at the time you place your order or,if you order from one of our catalogues,as set out in the catalogue from which you order provided it is a current catalogue,plus any charges for delivery and insurance as set out in the order form.
On occasion, the prices payable of goods advertised on our web site may differ from those prices offered in the current catalogue or in one of our trade counters, and we are under no obligation to honour any web site price if there is such a difference.
Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
Subject to clause 2.6, we must recieve payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
2.6 If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over HSBC's then current base rate on the amount outstanding from the due date for payment until reciept by us of the full amount (including any accured interest) whether before or after judgement, together with any reasonable legal or other recovery costs. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and recieve orders.
Delivery & Title
We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days. In the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery.Before placing your order,please refer to the delivery options set out in our catalogues to ensure that we can deliver to your address.A valid signature required on collection or delivery.In the unlikely event that you have not recieved all the goods within the stated delivery time,you must notify us immediately.You must not schedule or commence any installation work until after you have recieved your order and checked all the goods for any defects or missing parts.
For reasons of health and safety and to void any property damage,most big stuff items can only be delivered to the exterior of a ground flooor location at the delivery address.You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location.We will not provide any unpacking,installation or fitting services upon delivery unless otherwise agreed by us.
You must do all that you reasonably can to enable delivery to take place at the given time and place.If you delay delivery,or delivery fails because you have not taken appropriate steps,we will try to arrange for an alternative delivery date within 30 days of the failed delivery.If delivery fails as a result of circumstances within your reasonable control,the cost of any re-delivery we may cancel your order and refund to you the price that you have paid for the goods,less the failed delivery costs.
Without prejudice upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you untill you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Untill title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost seperately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
Without prejudice,upon delivery pf the goods to you,the goods shall be at your risk.In spite of delivery having been made,title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whats ever shall be due to us from you.Until title in the goods passes from us,you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
Availability
While we endeavour to hold sufficent stock to meet all orders,if we have insufficeint stock to supply or deliver the goods ordered and paid for by you,we may supply or deliver a substituted product or refund you 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,we may,in our absolute discretion,as soon as possible raise a credit to offset the amount invoiced to you.
Cancellation & Returns
You may cancel your order by giving us notice of our shop cancellation within 30 days of the date of delivery to you or collection from our shop. Such notice may be given by phone, mail, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer's instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.
Liability
If you have notified us of a problem with the goods within 30 days of delivery,we will either make good any shortage or non-delivery,replace or repair any goods that are damaged or defective upon delivery,or refund to you the amount paid by you for the goods in question.
We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.Our liability tou you shall not in any event include losses related to any business of yours,such as loss of profits or business interruption,neither will be responsable to you for any other loss which is not a foreseeable consequence of us being in breach of these terms and conditions or our legal duties.
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