1.1 The "Buyer" means the Account Applicant or person who buys or agrees to buy Goods from the Seller.
1.2 The "Seller" means Mendip Castors, Unit 6 Anglo Business Park, Smeaton Close, Aylesbury, Buckinghamshire HP19 8UP
1.3 "Terms and Conditions" means the Terms and Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2 Our Contract
2.1 These Terms and Conditions govern the supply of goods sold by the seller to the buyer. These Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.
2.2 These Terms and Conditions supersede all previous terms and conditions issued by the seller and the buyer agrees to be governed by them in all matters arising from the purchase of goods or services from the seller.
3 Price and Payment
3.1 You can pay for your order by Visa, MasterCard, Maestro, American Express and PayPal via Sage Pay.
3.2 The price payable for the goods you order is as 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 carriage.
3.3 Subject to clause 3.4, we must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.
3.4 If you are an account customer, payment shall be made in full at the end of the month following 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 rate of 3 per cent over RBS's then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.
3.5 All prices quoted are subject to VAT at the prevailing rate on the date of despatch (currently 20%).
3.6 Prices are valid for a period of 30 days from the date of any written or verbal quotation creation.
3.7 No payment transaction will be completed until immediately prior to the point of despatch.
4 Delivery and Title
4.1 Unless you tell us you wish to collect the goods, we will deliver them in accordance with your order. A valid signature will be required on collection or delivery.
4.2 Title of goods will remain with Coldene Castors Limited until such time as all goods are paid for in full. Immediately prior to despatch of the goods to you, title in the goods will pass to you when the order has been accompanied by full payment.
4.3 In the unlikely event that you have not received all the goods within 21 days of the date of delivery (or where you have requested a delayed despatch within 21 days of the requested despatch date), you must notify us immediately.
5.1 While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, 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.
6 Returns, Shortages and Items Received Damaged
6.1 You may return any unwanted, faulty or damaged goods to us within 30 days there is a 50% handling charge & restocking charge providing the goods, including packaging, are in a re-sellable condition.
6.2 In the unlikely event of your order being supplied incomplete or goods arriving damaged in transit you must notify us in writing within 3 days of delivery.
6.3 We will refund the same method of payment used to purchase the goods once we have received the goods and confirmed that they are in compliance with 6.1 and/or 6.2
7.1 If you have notified us of a problem with the goods, 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.
7.2 We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these terms and conditions.
7.3 This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
8.1 The seller may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency.
8.2 Upon termination, the buyer's indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods.
9 Force Majure
9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
10.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected.
10.2 Where any terms or conditions may be valid by the inclusion or exclusion of one or more conditions it will be considered that those amendments have taken place.
10.3 This contract shall be governed by and interpreted in accordance with English law.
11 Health and Safety
11.1 By purchasing from Mendip Castors you acknowledge that you are aware of all Health and Safety requirements pertaining to the products and their application.
11.2 By purchasing from Mendip Castors you assume full liability for the consequences of your actions and acknowledge that you are obliged to report any misuse or abuse of the sellers products and/or services.
. Exact products may vary from that shown. All products are subject to availability.