 Terms
& Conditions of Sale (May
also be veiwed during checkout)
1. GENERAL
All Tenders for products, materials or equipment to be supplied by or through
E.J. BLACKLEY and 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 VAT. Prices are quoted "Ex Works" and packing
and carriage will be charged extra as noted in the shipping/ handling section
at the checkout. For orders made from the UK or the European
Union, 17.5% VAT is added. All other orders are VAT free and you should click
the exempt button to reduce VAT to zero . Packing materials
or cases are non-returnable. Maintenance of 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 constitute 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 possession 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 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 repossess the goods and/or objects to which the Seller has title hereunder
and licence for entry as aforesaid is 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 within
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 products
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 thirty days
of the date of invoice unless otherwise agreed in the Seller's Tender or quotation
or other written terms of agreement. Account customers
- payment on invoice within 30 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
1/
charge interest on overdue accounts
at the rate of 2 per cent over the current Base Rate of the Seller's Bankers at
the time the account falls due. 2/
. Charge to the customers account a fee
of £10.00 for each reminder sent for the outstanding balance. Reminders
are sent approximately every seventh day following the payment due date and until
the payment is settled in full. All credit card numbers are
encrypted in the software when the order is placed using 128 bit encryption. They
are only decrypted after they reach our computer. They are not held in clear text
on any web site. Payment methods - most Credit and Debit cards
- (a 2% charge may be applicable to some card transactions), Cheque - (made payable
to E J Blackley and Son) Paypal -(please enquire) Cash - (Not recommended unless
registered). Overseas customers please enquire for most cost effective payment
method. 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 required 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 and Son shall not be liable for any injury,
loss or damage direct or consequential, 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. The foregoing may not be changed except with the
written agreement between E.J. Blackley and Son and the purchaser . E. J.
Blackley and Son E.J. BLACKLEY AND SON. Unit 30/31, Ellough
Industrial Estate, Beccles, Suffolk, NR34 7TD, U.K.
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