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Terms Of Trade
Please read our terms and conditions of sale below
These terms are the terms of a contract of sale between
you and our company. By placing an order on this site
you agree to be bound by these terms of business.
1..GENERAL
1.1 Every offer, quotation and contract for the sale or supply of goods by the
company is made subject to these conditions. Any alternative conditions sought
to be imposed by the Purchaser are hereby excluded.
1.2 The Company will not accept any claim for consequential loss of any kind
however caused.
1.3 No claim will be entertained by The Blair Enterprise LTD, if made:-
Where the materials have been incorporated, whether by or on behalf of the
Purchaser, or by anyone else into other goods. The Company’s liability for any
failure to supply or any defects or want of quality in the goods supplied
hereunder shall not exceed an amount equivalent to the price payable to the
Company in respect thereof save in the case of death or personal injury where
the Company is shown to have failed to exercise care in the supply of goods
2..QUOTATIONS
2.1 Unless otherwise stated the Company’s quotations are based on current cost
of material and transport and any variation between quotation and supply shall
be the subject of a price adjustment.
2.2 Quotations may be withdrawn by the Company at any time and if not shall
lapse 30 days from their date.
2.3 The Company is continually improving the specification and design of its
product range and whilst care is taken to see that literature produced by the
Company is up to date of its production, such literature should not be regarded
as an absolute guide to current specification and the Company reserves the right
to modify any of its products without notice and without any liability on the
part of the Company.
2.4 The Company reserves the right to make any changes in the specification of
the goods which are required to conform with applicable safety or other
statutory requirement or which do not materially affect their quality or
performance.
2.5 The prices quoted are exclusive of delivery and VAT.
3..ORDERS
3.1 3.1 No order for goods will be considered binding until officially
acknowledged by the Company in writing.
3.2 The Purchaser shall not be entitled to cancel the contract unless the
Company has agreed in writing to such cancellation.
3.3.Any modification and/or variation to an order must be confirmed in writing
by the Purchaser.
4..DELIVERY
4.1 4.1 Delivery dates are given as accurately as possible but while every
reasonable effort will be made to comply with such dates compliance is not
guaranteed and the customer shall have no right to damages or to cancel the
order for failure for any cause to meet any delivery date stated.
4.2 4.2 Claims for damage in transit must be notified to the Company within
24hours of the receipt of the goods with copies of any supporting documentary
evidence.
4.3 4.3 Goods correctly supplied against Purchasers orders may not be returned.
The date of delivery shall be dependent in every case on the Purchasers
compliance with the terms of payment.
4.5 4.4 If the Purchaser fails to accept delivery of goods within 7 days of
notification that they are ready for dispatch the Company reserve the right to
invoice the goods to the Purchaser and charge him therefore, additionally the
Purchaser shall then pay reasonable storage charges until the goods are either
dispatched to the Purchaser or disposed of elsewhere.
5..PAYMENT
5.1 Payment is to be tendered With PayPal with the order and is due immediately upon
acceptance when the Company shall issue an invoice in respect of the goods.
5.2 The Company reserves the right to charge interest on any overdue balances at
a rate of 5% above the Barclays bank rate prevailing at that time. No disputes
arising under the contract nor delays shall interfere with prompt payment by the
Purchaser. The Purchaser may not set up against the Company any breach of
warranty or condition (express or implied) in diminution or extinction of the
price and Section 53(1)(a) of the Sale of Goods Act 1979 is hereby excluded.
6..WARRANTY
6.1 New goods are warranted as being in good working order for 12 months from
the date of purchase. Second user goods are warranted as being in good working
order for a period of thirty days from the date of purchase. This warranty does
not extend to goods damaged after receipt as a result of intentional or
accidental misuse or mishandling by the Purchaser or third parties. If a
Purchaser wishes to take advantage of this warranty he or she must return the
goods as sold and accompanied by proof of purchase to the Company’s premises
within 7 days of the relevant fault occurring. The faulty goods will then be
repaired within a reasonable time or replaced from stock or where no replacement
is readily available the price will be refunded, in the company’s absolute
discretion. If the goods are found not to be faulty the Purchaser will arrange
for collection of the goods from the Company premises and the Company shall be
entitled to make a reasonable charge for the time spent inspecting and for
storage of the goods. This warranty is in addition to,, does not affect, the
Purchasers statutory rights.
6.2 The Purchaser must accept full responsibility for the suitability of the
goods for the purpose to which they are put and no warranty or representation of
fitness for any particular purpose is or has been given by the Company.
6.3 Second user goods are guaranteed to be in good working order but are not
guaranteed to be cosmetically perfect. New goods are guaranteed to be in good
working order and to be cosmetically perfect unless previously stated otherwise.
7..FORCE MAJEURE
7.1 The Company shall not be liable for any failure to deliver goods arising
from circumstances outside the Company’s control
7.2 Non-exhaustive illustration of such circumstances would be act of God, war,
riot, explosion, abnormal weather conditions, fire, flood, strikes, lockouts,
Government action or regulation (UK or otherwise) delay by suppliers, accidents
and shortage of materials, labour or manufacturing facilities.
7.3 If the circumstances preventing delivery are still continuing three months
after the said circumstances have arisen, then either party may give shall be
under any failure liability to the other except that the buyer shall be liable
to pay the contract Price less a reasonable allowance for what has not been
performed by the Company.
8..RISK AND PROPERTY
8.1 Risk of damage or loss of the goods shall pass to the Purchaser.
8.1.1 in the case of goods to be delivered at the Company’s premises, at the
time when the Company notifies the Purchaser that the goods are available for
collection; or
8.1.2 in the case of goods to be delivered otherwise than at the Company’s
premises, at the time of delivery of the goods, the time when the Company has
Tendered delivery of the goods.
8.2 Notwithstanding delivery and the passing of risk in the goods, or any other
provision of these conditions, the property in the goods shall not pass to the
Purchaser until the Company has received in cash or cleared funds, payment in
full of the price of the goods and of all other goods agreed to be sold by the
Company to the Purchaser for which payment is then due
8.3 Until such time as the property in the goods passes to the Purchaser (and
Provided that the goods are still in existence and have not been resold) the
Company shall be entitled at any time to require the Purchaser to deliver the
goods To the Company and if the Purchaser fails to do so forthwith to enter upon
premises of the Purchaser or of any third party where the goods are stored and
repossess the goods.
8.4 The Purchaser shall not be entitled to pledge or in any way change by way of
security for any indebtedness any of the goods which may remain the property of
the Company, but if the Purchaser does so all monies owing by the Purchaser to
the Company shall (without prejudice to any other right or remedy of the Company
forthwith) become due and payable.
9..SEPARATE CONTRACTS
Where the goods are to be delivered in instalments each delivery shall
constitute a Separate contract and failure by the Company to deliver any one or
more of the Instalments in accordance with these conditions or any claim by the
Purchaser in respect or any one or more instalments shall not entitle the
Purchaser to treat any Other related contracts as repudiated.
10..WAIVER
No waiver by the Company of any breach of a contract for the sale of goods by
the Purchaser shall be considered as waiver of any subsequent breach of the same
or any other provision or contract
11..SEVERABILITY
If any provision of these conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the provision in question
shall still apply in full
12..NO ASSIGNMENT
This contract is personal to the Purchaser and the purchaser shall not assign
any of its rights or obligations under it without the Company’s consent
13..MISCELLANEOUS
13.1 The Company’s employee or agents are not authorised to make any
representation concerning goods unless confirmed by the Company in writing, In
entering into the contract the Purchaser acknowledges that it does not rely on,
and Waives any claim for breach of any such representations which are not so
confirmed.
13.2 Any advice or recommendation given by the Company or its employees or
agents to the Purchaser 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 Purchaser’s own risk and accordingly the Company
shall not be Liable for any such advice or recommendation which is not so
confirmed.
13.3 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.
13.4 The Company shall sell and the Purchaser shall purchase the goods in
accordance with any written quotation of the Company which is accepted by the
Purchaser or any written order of the Purchaser which is accepted by the
Company, subject in either case to these conditions which shall govern such
contract to the Exclusion of any other terms and conditions subject to which
such quotations is accepted or purported to be made by the Purchaser (whether
such other terms and conditions are set out in the Purchaser’s order) in writing
or otherwise.
13.5 Where items are returned for repair and they are found to be beyond repair,
they may be replaced with an item of similar age, condition and specification.
In cases where no similar replacement is available then the item may be replaced
with an item of greater specification and / or value.
13.6 The removal or breach of any tamper evident seals fixed to the equipment
will render any warranty null and void. |
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