Terms and Conditions of Sale

(May also be viewed during checkout) Also applied to non website purchases and transactions.

1. General
All terms for projects, materials or equipment to be supplied by or throughout E.J.Blackley & Son (hereinafter referred to as "the Seller") are offered subject to the following expressed terms and conditions, and will assume full knowledge by the buyer of those conditions. No variation of the conditions of sale will be accepted by the Seller unless it has been previously agreed in writing.

2. Prices
All prices quoted are exclusive of postage. Prices are quoted "ex-works" and packing and carriage will be charged at extra as noted in the shipping/handling section at the checkout.



Packing materials or cases are non-returnable. Maintenance or prices quoted cannot be guaranteed, and all goods will be invoiced at prices ruling at the date of despatch.

3. Delivery
Time of delivery will be as stated on the Sellers acknowledgement of order, and will commence from the date thereon. The time so stated will be an indication only, and will not sonstitute a contract. Delay in delivery will not entitle the buyer to cancel his order nor will it provide entitlement by the buyer to any indemnity, penalty or compensation.

The goods will be at the buyer's risk when they are delivered into his posession (or that of any other person), or place of delivery authorised by him. The Seller shall not be liable for any losses sustained by the buyer, or any other person, resultant upon delays in delivery or losses in transit, or for any other reason whatever. If the goods have not been received by the buyer within 10 days of the date of receipt by the buyer of the Sellers invoice, the Seller must be informed accordingly and without further delay.

4. Passing of Title
The ownership of all goods (including materials, components and accessories) delivered by the Seller will only be transferred to the buyer when the customer has paid all sums owing to the Seller on any account whatsoever. Prior to such payments, the Seller retains the ownership of the goods. Until the date of payment of all such sums as aforesaid, all goods supplied to the buyer so long as they remain unused and unattached to any object for which they are ultimately intended shall be stored by the buyer in such a way that they remain clearly identifiable as the Seller's property. If the buyer defaults in payment, the Seller shall be entitled to enter the buyer's premises with such transport as may be necessary and reposses the goods and/or objects to which the Seller has title hereunder and licence for entry as aforesaid as hereby given to the Seller by the buyer.

5. Defects
The Seller will replace or repair at its option any defective products of its own manufacture which prove to be defective within a period of thirty days of delivery by reason of incorrect material or faulty workmanship, provided that such defects are notified to the Seller wityhin 30 days of delivery.

In the event that the Seller may require for inspection all or part of allegedly defective products the return to the Seller's premises of these items shall be at the expense of the Customer. Defective products will become the property of the Seller and must be held to its order. Any product not of the Seller's manufacture is sold under such warranty only (if any) as the makers give the Seller provided the Seller is able without expense to enforce it, but products are not guaranteed by the Seller in any way. In the event of any products being defective, reasonable time shall be given to the Seller to enable it to remedy any defect.

6. Payment
Where applicable mould charges shall be paid for on acceptance of order, either in part or full (or as otherwise agreed upon acceptance of order), and the said moulds to remain the property of the Seller for the exclusive use of the buyer, or as otherwise agreed in writing.

Payment shall be made within seven days of the date of invoice unless agreed in the Seller's Tender or quotation or other written terms of agreement.

Internet Orders - Payment at point-of-sale, through encrypted On-Line payment facility.

Account Customers - payment on invoice within seven days.

Non Account Customers - payment terms are at point of order, at point of collection/despatch or as agreed with the Seller.

Overdue Accounts - The Seller reserves the right to:-
i. charge interest on overdue accounts at the rate of two per cent over the current base rate of the Seller's Bankers at the time the account falls due,
ii. Charge the customers account a fee of £10.00 for each reminder sent for the outstanding balance. Reminders are sent approximately ever seventeenth day following the payment due date and until the payment is settled in full.

7. Force Majeure
The performance of all contracts is subject to variations or cancellation by the Seller owing to any Act of God, war, strikes, lock-outs, fire, flood, drought, tempest or any other cause beyond the control of the Seller or owing to the inability by the Seller to procure materials in the manufacture of products to be supplied by the Seller under the contract.

8. Notice to Purchasers
The following statement is made in lieu of all warranties expressed or implied:-

E.J.Blackley & Son shall not be liable for any injury, loss or damage direct of inconsequential, arising from the use or misuse of any product it may sell and wherever such may occur.

Before using, the user shall determine the suitability of the product for the intended use, the suitability of materials, the methods employed in their use and the suitability of the circumstances of which the product is used. Also, the user assumes all risk and liability whatsoever in connection therewith./p>

The foregoing may not be changed except with the written agreement between E.J.Blackley & Son and the purchaser.