INSPECTION AND RETURNS
You shall inspect the goods at the place and time of unloading or collection, but nothing in these Terms shall require you to break packaging and/or unpack goods which are intended to be stored before use.
You must advise us by telephone immediately and give us written notice within three working days of unloading of any claim for short delivery or damage.
If you do not give us that notice within that time, the goods will be deemed to have been delivered in the quantities shown in the delivery documents and in a satisfactory condition.
You shall not be entitled, and irrevocably and unconditionally waive any rights, to reject the goods or claim any damages whatsoever, for short delivery howsoever caused.
Our liability for short delivery is limited to making good the shortage.
Where it is, or would have been, apparent on a reasonable inspection that the goods are not in conformity with the Contract or (where the Contract is a contract for sale by sample) that the bulk does not compare with the sample, you must advise us by telephone immediately, and give us written notice within three working days of inspection.
If you fail to give us that notice within that time, Clause 8 shall have effect.
If you fail to give us that notice within that time, the goods will be deemed to have been accepted and you shall not be entitled, and irrevocably and unconditioned waive any rights, to reject the goods.
After the 3 day period goods must be returned at the Customer’s request not on the Company’s own vehicle and shall be at the Customer’s risk regarding insurance for a value not less than the full invoice price.
Specifically ordered or non-stock items are not returnable.
Costs of collection and re-delivery of replacement items will be met by the Customer unless attributable to the negligence of the Seller.
Only goods returned in saleable condition can be accepted for credit.
The Seller reserves the right to levy a restocking and handling charge.
All returns must be sanctioned by the Seller prior to goods being brought back
Delivery will be effected when the goods leave our premises whether carried by us or an independent carrier, or the premises of our suppliers when the goods are delivered direct from suppliers.
Delivery dates are given in good faith, but are estimates only.
Time for delivery shall not be of the essence of the Contract.
For the avoidance of doubt, and without detracting from any other provisions of these Terms, we shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party) resulting from any delay in delivery of the goods, or failure to deliver the goods in a reasonable time –whether such delay or failure is caused by our negligence or otherwise howsoever.
You must provide the necessary labour for unloading the goods –and unloading is to be completed with reasonable speed. If our delivery vehicle is kept waiting for an unreasonable time, or is obliged to return without completing delivery, or if we provide additional staff to unload goods, an additional charge will be made.
The price agreed includes our normal delivery charges but we may make an additional charge if we incur further costs or expenses such as (but not limited to): i) those caused by delivery of less than a full load, ii) complying with your request for delivery outside our normal delivery pattern or trading by instalments.
We reserve the right to make delivery by instalments and tender to a separate invoice in respect of each instalment. Our failure to deliver any one or more instalments, or any claim by you in respect of any one or more instalments, shall not entitle you to treat the Contract as a whole as repudiated.
If you fail to take delivery, accept or collect the goods within the agreed time, in our discretion, we may make an additional charge, invoice you for the goods, or treat the Contract as repudiated and, in any case, recover our losses from you.
If the goods are to be deposited other than on your private premises, you shall be responsible for compliance with all regulations, and for all steps which need to be taken for the protection at all times of persons or property.
If you collect goods from us, you are solely responsible for the size, weight and positioning of the load on the vehicle and shall indemnity us in respect of all costs, claims, losses or expenses we may incur as a result of your collecting the goods.
You will indemnify us in respect of all costs, claims, losses or expenses we may incur as a result of delivery in accordance with your instructions. This indemnity will be reduced in proportion to the extent that such costs, losses, claims or expenses are due to our negligence.
It is your responsibility to ensure we are notified in writing of any access issues or if there are no offload facilities.
Unless offload has been agreed, it is not our responsibility to assist with offload, apart from the positioning of the vehicle in a safe accessible place and the removal of strapping.
It is your responsibility to ensure any lifting equipment is in good working order and is suitable for the lift load. All operators need to have valid training certificates for the machines they use.
If for any reason we feel that the offload of goods could be a Health & Safety issue, we reserve the right not to permit offload. All related costs will be incurred by the customer if this was not agreed in writing prior to delivery.