Deliveries and returns
Any dates specified by the Seller for delivery of Goods or Services are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
Subject to the other provisions of these conditions the Seller shall not be liable for any direct, indirect or consequential loss (all three of being without limitation pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or Service (even if caused by the Seller’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: Risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Seller’s negligence); The Goods shall be deemed to have been delivered; and The Seller may store the Goods until delivery and the Buyer shall be liable for all related costs and expenses arising from such delay (including, without limitation, storage and insurance), and if the delay continues in excess of 3 months the Seller shall be entitled to continue to store and/or cancel the Contract and resell the Goods.
The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for unloading the Goods.
If the Seller delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by the Seller, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay pro rata for such goods.
The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
Non-delivery or damaged goods: (a) The quantity of any consignment of Goods as recorded by the Seller on despatch from the Seller’s place of business shall be conclusive evidence of the quantity received by the Buyer in delivery unless the Buyer can provide conclusive evidence proving the contrary, by marking the delivering carrier’s ticket with “SHORTAGE” and the quantity missing. (b) The quality of any consignment of Goods as recorded by the Seller on despatch from the Seller’s place of business shall be conclusive evidence of the quality received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary, by marking the delivering carriers ticket with “DAMAGED” and the quality issue. (c) The Seller shall not be liable for any non-delivery or damaged of Goods (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller (otherwise than on a consignment or delivery note or carriers ticket) of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. (d) The Seller shall not be liable for any late delivery, non-delivery or damage of Goods wherein the Seller has contracted the use of a subcontract delivery company to deliver its goods or for any other reason(s) whereby the reason for such issues are outside the control of the Seller. (e) Any liability of the Seller for non-delivery or damage of Goods shall be limited to replacing the Goods within a reasonable period of time or issuing a credit note at the pro rata Contract rate for such Goods.
Return of goods
The Seller does not trade on a ‘sale or return’ basis. All sales are considered as final and the Sellers invoice remains as proof of purchase.
The return of Goods purchased will therefore only be considered by the Seller subject to the following conditions: (a) a copy of the relevant Sellers invoice and despatch note is presented as proof of purchase. (b) a returns authorisation note is obtained from the Seller prior to the return of Goods.
The Seller reserves the right to levy a 35% re-stocking charge on goods supplied in accordance with the Buyer’s order, subject to the goods not being a powdered product as per Condition 8.11 below or a product classed either as a non-standard item or special colour as per Condition 12 below.
All Goods must be returned in good condition, unused, not damaged and in the original unopened packaging.
The Seller retains the right to refuse goods should they on receipt be deemed unsuitable for resale and the return of these goods.
It remains the responsibility of the Buyer to return the goods to the Seller, at the Buyers expense.
Should the Buyer request the Seller to arrange the collection and return of goods, this will only be accepted at the discretion of the Seller and all expenses incurred will be the responsibility of the Buyer.
Goods which are specially ordered non-stock items, or made to order, or personalised, items correctly supplied as per the Buyer’s order will not be acceptable for return under any circumstances.
Should the Seller arrange collection of goods for return and on arrival the Goods be unavailable, a surcharge will become payable.
Goods will not be accepted for return after 14 days from the date of purchase stated on the Sellers invoice due to the nature and shelf life of the products.
Powdered products cannot be returned under any circumstances due to the nature of the products.
Any Non-Standard Item or Special Colour is a product that has been supplied to meet a customer’s specific requirements and will be marked clearly on the invoice as a Non-Standard Item or Special Colour. Such products cannot be returned to the Seller under any circumstances.