1. Definitions and Interpretations
Buyer: means the person, corporation or firm who buys or agrees to buy Goods from the Company.
Company: means Ironmongery Giant Ltd, a company registered in England and Wales with company number 3856293 whose registered office is 5 Brayford Square, London E1 0SG and whose VAT number is 749108517.
Terms and Conditions: means the Terms and Conditions of Sale set out in this document and any special conditions agreed in writing by the Company.
Goods: means the goods (or any part of them) set out in the Order.
Order: means the Buyer’s order for the Goods, whether made by email, by telephone or in person.4
Specification: means any specification for the Goods, including any designs, plans, drawings and other data relating to the Goods.
Working Day: means a day other than a Saturday, Sunday or a bank, public or statutory holiday in England when banks in London are open for business.
2. Basis of contract
The Terms and Conditions hereby govern the sale of Goods by the Company to the Buyer. The Terms and Conditions constitute the entire and only agreement between the parties in relation thereto. The Company’s acceptance of the Order by delivery of the Goods constitutes a legally binding contract between the parties under these Terms and Conditions.
All Orders placed by the Buyer shall be deemed to be accepted by the Company on the basis of these Terms and Conditions and will be acknowledged in writing by the Company at which point a legally binding contract shall be constituted. The processing of payment and acknowledgment of the Buyer’s Order by the Company does not constitute legal acceptance of the Order.
No other variation of these Conditions shall have effect unless it is agreed to by the Company in a document signed by an authorised representative of the Company and issued to the Buyer.
3. Cancellation of Orders
An order which the Buyer cancels after being accepted by the Company, will require the Buyer to reimburse the Company on demand for the loss of profit and all costs, expenses and charges (including costs of labour, tooling and purchase of raw materials) incurred by the Company in respect of the Order up to the date of receipt by the Company in written notification of cancellation.
4. Goods
Goods that are manufactured in accordance to the Specification supplied by the Buyer shall be the sole responsibility of the Buyer for the completeness and accuracy of the Specification. Any measurements provided by the Buyer, notwithstanding that the Company may have examined, inspected, studied, or commented to the Customer on the Specification.
If required by any applicable statutory or regulatory requirement, the Company reserves the right to amend Specifications of Goods.
The Buyer shall indemnify the Company against all liabilities, actions, proceedings, claims and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company in connection with any claim made against the Company for actual or alleged infringement of a third party’s intellectual property rights arising out of or in association with the Company’s use of the Specification.
5. Delivery
The Company will endeavour to deliver Goods in accordance with the Order within the stated delivery time. In the unlikely event that the Company is not able to make the Goods available to the Buyer within 30 days of the Order, the Company will have the option of cancelling the Order by notifying the Buyer accordingly prior to delivery. Before placing the Order, please refer to the delivery options set out in the Company’s website and catalogue to ensure that delivery can be made to the Buyer’s address. The Company reserves the right to nominate the carrier.
Goods will remain in possession with the Company until such time that all Goods are ready for despatch and paid for in full. Title to the Goods shall not pass to the Buyer until the Company has received payment in full for the Goods and all other sums which are or become due to the Company for sales of Goods to the Buyer.
In the unlikely event that the Buyer has not received all the Goods within the stated delivery time, the Buyer must notify the Company immediately. The Buyer must not schedule or commence any installation work until after the Buyer has received its Order and checked all the Goods for any defects or missing parts.
The Company may deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalments.
A valid signature will be required on collection or delivery of Goods. The Company will deliver all Goods in accordance with the Order unless the Buyer requests to collect the Goods.
6. Returns, Shortages, Damaged Goods and Cancellations
Any unwanted, faulty or damaged Goods may be returned by the Buyer to the Company within 7 days without any handling charge, providing the Goods, including packaging, are in a re-sellable condition. The Company will refund the Buyer through the same method of payment used to purchase the Goods.
Where the Goods have been collected by the Buyer, it shall (a) inspect the boxes of Goods before loading them for the purpose of ascertaining that the number delivered is as specified in the Company’s delivery note and whether there is any obvious damage; and (b) inspect the Goods within 5 Working Days from collection from the collection point.
If the Buyer cancels an Order for whatever reason, the Buyer must return the Goods to the Company at the Buyer’s expense. If the Goods being returned are faulty, incorrect or unsuitable substitutes, the Company will meet the return cost of the Goods as well the Company nominating a carrier.
In the unlikely event of the Order being supplied is incomplete or Goods arriving are damaged in transit, the Buyer must notify the Company in writing within 7 days of delivery.
The Company is unable to accept the return of any non-standard special product that has been supplied correctly in accordance with the Buyer’s instructions.
Returns will be accepted and credited with the following conditions:
Goods must not be returned without prior agreement and must be accompanied by an official note from the Company which must be completed in full detailing all Goods being returned. Any Goods returned that are not on the collection note will not be credited.
b) Goods returned which are surplus to requirements or ordered in error will be subject to a 25% re-stocking charge and must be returned by the Buyer within 7 Working Days otherwise a carriage charge will be applied.
c) Goods requested to be returned after a period of one month from the date of invoice cannot be considered for return or credit.
d) All Goods must be returned in their original packaging and in a re-saleable condition, Goods returned not in a re-sellable condition may result in a refusal to credit.
7. Liability
In the event of the Company being notified by the Buyer of a problem with the Goods within 7 days of the delivery, the Company will either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to the Buyer the amount paid by the Buyer for the Goods in question.
Under these Terms and Conditions, the Company shall have no liability to pay any money to the Buyer by way of compensation other than refund the Company.
The Company’s liability to the Buyer shall not in any event include losses related to any business of the Buyer, such as loss of profits or business interruption; neither will the Company be responsible to the Buyer for any other loss which is not a foreseeable consequence of the Company being in breach of these Terms and Conditions or its legal duties. The Company’s total liability to the Buyer in respect of all other losses arising under or in connection with this agreement shall not exceed the price of the Order. This does not affect the Buyer’s statutory rights, neither is the Company’s liability intended to be excluded to the Buyer for fraudulent misrepresentation or for death or personal injury resulting from the Company’s negligence or any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
The Company’s Goods are solely intended for use in the UK, therefore cannot confirm that the Goods will be comply with any regulations, laws or other standards outside of the UK.
The Company will not be responsible to the Buyer for any work that the Buyer is undertaking for another person for the use or installation of any Goods by the Buyer. Furthermore, if the Buyer is a trade customer, the Buyer hereby agrees to hold the Company harmless, and indemnify the Company against any liability associated with, any claim or allegation that the Company is responsible for any failings in the installation or use of Goods that the Company supplies.
8. Force majeure
The Company shall not be in breach of this Contract in the event of circumstances preventing or delaying it from carrying out its obligation beyond the Company’s reasonable control. The Company will be relieved of its liabilities and obligations under such agreement for as long as such fulfilment is prevented.
9. Termination
In the event that the Buyer suspends or threatens to suspend payment of its debts as they fall due or accepts inability to pay its debts, without limiting its other rights or remedies the Company may terminate this Contract with immediate effect. On termination of the Contract for any reason the Buyer shall immediately pay the Company all outstanding invoices and interest.
