Terms & Conditions
1. In these terms
“Customer” means the person who accepts the Company's web site offer for the sale of the Goods or whose order for the Goods is accepted by the Company;
“Goods” means the goods which the Company is to supply in accordance with these Terms;
“Company” means e Sales Pro Ltd, trading from 139 Mansfield Road, Alfreton. DE55 7JQ
“Contract” means the contract for the sale and purchase of the Goods;
“Terms” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed between the Customer and the Company;
2. Basis of the sale
2.1 The Company shall sell and the Customer shall purchase the Goods in accordance with the Company's web site offer (if accepted by the Customer), or the Customer’s order (if accepted by the Company), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Company.
2.3 The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Company is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
3. Orders and specifications
3.1 No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed electronically.
3.2 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Company's web site offer (if accepted by the Customer)
3.3 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Company's specification, which do not materially affect their quality or performance.
3.4 No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
4. Price of the goods
4.1 The price of the Goods shall be the Company's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Company's published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by the Customer, after which time they may be altered by the Company without giving notice to the Customer.
4.2 Except as otherwise stated in the Company's quotation or in any price list of the Company, and unless otherwise agreed between the Customer and the Company, all prices are given by the Company on an ex works basis, and where the Company agrees to deliver the Goods otherwise than at the Company's premises, the Customer shall be liable to pay the Company's charges for transport, packaging and insurance.
5. Terms of payment
5.1 Payment will be made by the customer and accepted in full by the company before any order or goods are shipped.
6.1 Delivery of the Goods shall be made by the Customer collecting the Goods at the Company's premises at any time after the Company has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company. The Goods may be delivered by the Company in advance of the quoted delivery date.
6.3 If the Company fails to deliver the Goods for any reason other than any cause beyond the Company's reasonable control or the Customer’s fault, and the Company is accordingly liable to the Customer, the Company's liability shall be limited to the original cost to the Customer of the goods.
6.4 Al orders shipped by the Company are shipped with full tracking and by third party delivery companies.
6.5 If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company's fault) then, without limiting any other right or remedy available to the Company, the Company may:
6.5.1 Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.5.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
7. Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 In the case of Goods to be delivered at the Company's premises, at the time when the Company notifies the Customer that the Goods are available for collection; or
7.1.2 In the case of Goods to be delivered otherwise than at the Company's premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods.
8. Warranties and liability
8.1 The Company warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship.
8.2 The above warranty is given by the Company subject to the following conditions:
8.2.1 the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Company's approval;
8.2.2 the above warranty does not extend to parts, materials or equipment not supplied by the Company.
8.3 A claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
8.4 Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Terms, the Company may replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), in which case the Company shall have no further liability to the Customer.
8.7 Except in respect of death or personal injury caused by the Company's negligence, or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
9. Returns and Cancellations
9.1 Customers can cancel orders within 30 days of receipt providing the Company is notified in writing within the 30 days and the goods have not been used or opened. Cancelled orders must be returned to the address in 1.1 above within 14 days of the company being notified of the Customers intention to cancel and return. The cost of return in these instances is borne by the Customer. All returned goods must be in the original condition and in unopened packaging. Where the condition varies or the packaging has been opened the Company reserves the right to refuse acceptance of the goods or in situations where the goods have been accepted for inspection and the inspection reveals variances between the expected and actual condition of the goods then the Company reserves the right to reduce any refund amount by a figure equal to the sum of the losses incurred or which might be incurred at re-sale when reasonably comparing the value of the returned goods to that of comparable new goods.