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Terms & Conds
BioOilTanks are dedicated to meeting all your needs. If you have any suggestions or comments about our company then emails can be sent to firstname.lastname@example.org
Name & Registered Office:
BELFRY HOUSE, BELL LANE
Company No. 06006123
1 DEFINITIONS AND GENERAL
1.1 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.2 "Date of Despatch" means that date deemed to be the date on which the goods are actually despatched ex works.
1.3 "Defects Liability Period" means a period of twelve months (unless otherwise expressly stated) running from the date of despatch or other date expressly agreed by the Seller.
1.4 "Goods" means the articles which the Purchaser agrees to buy from the Seller.
1.5 "Price" means the price for the Goods excluding delivery charges and VAT.
1.6 "Purchaser" means the person, business or other entity who or which purchases or agrees to purchase the goods from the Seller.
1.7 "Seller" means Etills Ltd, Unit 1 Whiting Way, Melbourn, Royston, Hertfordshire, SG8 6NA.
2. CONDITIONS APPLICABLE
2.1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Purchaser to the exclusion of all other terms and conditions including any terms or conditions which the Purchaser may purport to apply under any purchase order confirmation or order or similar document.
2.2. All orders for Goods shall be deemed to be an offer by the Purchaser to purchase Goods pursuant to these Conditions.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Purchaser's acceptance of these Conditions.
2.4. No variation of these provisions is to be made save in writing under the hand of a Director or other duly authorised officer of the Seller.
2.5. For the avoidance of doubt, no servant or agent of the Seller has authority to agree to any oral variation to these Conditions.
2.6. The Seller shall be entitled to cancel or delay any order of goods (in whole or in part) if it is prevented from delivering by normal means of delivery for any reason beyond the Sellers control and shall be under no liability to the Purchaser thereby
3. PRICES AND VAT
3.1. All prices quoted are subject to change without notice and goods will be invoiced at the price ruling at date of dispatch.
3.2. If an items correct price is higher than the stated price, the Seller will, at the Sellers discretion, either contact the Purchaser for instructions before dispatching, or cancel the order and notify the Purchaser of such cancellation.
3.3. Prices quoted in catalogues are those ruling at time of printing and shall not be taken as quotations. Unless otherwise agreed in writing, prices do not include delivery and the Purchaser shall pay all delivery charges.
3.4. All prices are listed in GBP,
3.5. All prices are exclusive of VAT which shall be charged at the rate current at the date of invoice.
4. CANCELLATIONS OF ORDERS/RESTOCKING (Returns)
4.1. Goods may not be returned unless the Seller gives prior written authorisation.
4.2. Special orders or non stock items will not be accepted for return.
4.3. A re-stocking charge of 20% will be made on all returned goods.
4.4. Goods may not be returned more than 28 days after delivery to the Purchaser.
4.5. Returns will only be accepted in perfect condition and with packaging unopened.
4.6. Returns must be accompanied by a copy of the Sellers Returns Sheet.
5. ACCOUNT FACILITIES AND PAYMENTS
5.1. Account facilities will be offered at the discretion of the Seller
5.2. Accounts are due 30 days after the date of invoice.
5.3. Interest will be charged on overdue accounts at the rate of 18% from the date due until date of payment (whether before or after any judgement) on a compound basis calculated with monthly rests from the due date.
5.4. The Purchaser shall reimburse to the Seller on a full indemnity basis all legal and other costs and expenses incurred in the collection of any overdue accounts.
6. RISK OF OWNERSHIP
6.1. Risk of damage to or loss of goods shall pass to the Purchaser immediately upon delivery.
6.2. Notwithstanding delivery and passing of risk in goods to the Purchaser (or any other provision within these conditions) property in the goods shall not pass to the Purchaser until the Seller has received full payment in cleared funds of the price of the goods and of all other goods supplied by the Seller to the Purchaser for which payment is then due.
6.3. Until property in the goods passes to the Purchaser the Purchaser shall hold the goods as the Sellers fiduciary agent and bailee and shall keep the goods identified as the Sellers property.
6.4. Until payment in full of the price the Seller shall have a particular and general lien over any goods in the possession of the Purchaser notwithstanding that the Purchaser may have sold or converted the goods.
6.5. If (notwithstanding that the property has not passed to the Purchaser) the Purchaser sells the goods in such a manner as to pass valid title to a third party, the Purchaser shall hold the proceeds of the sale in trust for the Seller to the extent of any monies owing to the Seller but in no circumstances does the Seller become the Agent of the Purchaser in the event of such a sale.
6.6. The Purchasers power of sale shall cease if in respect of the Purchaser of any of the Purchasers assets or undertaking: (a) a receiver is appointed; (b) a winding up order is made; (c) any arrangement or composition is made with creditors; (d) any act of bankruptcy is committed; (e) an application for voluntary liquidation is made (other than for reconstruction or amalgamation); or (f) the Seller revokes the power at any time by notice in writing if the Purchaser is in default for more than 7 days in the payment of any monies owing to the Seller or the Seller has bona fide doubts as the to the solvency of the Purchaser.
6.7. Upon determination of the Purchasers power of sale as above, the Purchaser shall place the goods at the disposal of the Seller who shall be entitled to enter upon any property to recover them
7.1. In the absence of written instructions to the contrary, the Sellers delivery driver or carrier shall have authority to consign goods and accept the signature by way of receipt from any person having ostensible authority to accept consignment or sign for goods.
7.2. Any date quoted for delivery shall be approximate only and the Seller shall not be liable to the Purchaser or any other person for any delay in delivery beyond the Sellers reasonable control. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
7.3. All goods must be examined by the Purchaser on delivery and checked against the delivery notes and the Seller will not accept liability for alleged non-delivery, loss or damage in respect of any goods not so examined or checked.
7.4. If the Seller does not receive forwarding instructions sufficient to enable it to despatch the Goods within 2 working days after the date of notification that they are ready for despatch, the Purchaser shall take delivery or arrange for storage. If the Purchaser does not take delivery or arrange for storage, the Seller shall be entitled to arrange storage either at its own works or elsewhere on the Purchaser's behalf and all charges for storage, for insurance or for demurrage shall be payable by the Purchaser.
7.5. If the delivery of the Goods takes place elsewhere than at the Seller's address, the costs of carriage and any insurance which the Purchaser reasonable directs the Seller to incur shall be reimbursed by the Purchaser. The Purchaser will be responsible for safe offloading.
7.6. The Seller shall not be liable for any loss or damages whatever due to failure by the Seller to deliver the Goods (or any or part of them) promptly.
7.7. Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any or part of them) promptly the Purchaser shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within one month of the date of the invoice.
7.8. The Seller shall be entitled to make delivery by instalments.
7.9. Liability for any part of the Goods lost or damaged in transit will only be accepted by the Seller in the following circumstances:
7.9.1. In the case of UK delivery consigned carriage paid, where damage is reported in writing both to the carrier and the Seller within 7 days of receipt by the Purchaser or in the case of non-delivery within such time from the date of despatch as well enable the Seller to make a successful claim on the carrier;
7.9.2. In the case of export contracts, according to export contract (e.g. f.o.b or c.i.f) subject to which the goods are exported.
8. WARRANTIES & CLAIMS
8.1. Save as expressly provided in these conditions or as necessarily implied by statute or otherwise in relation to the sale of goods, all warranties or other terms are excluded to the fullest extent permitted by law.
8.2. Goods are warranted to accord with the normal limits of industrial quality.
8.3. Provided always that
8.3.1. the Goods are handled, assembled, installed, used, maintained and investigated in accordance with the Manufacturers operating and installation guidelines or other notices or written advices issued in respect of the Goods;
8.3.2. the Seller is provided with such facilities for inspection and testing of the Goods as the Seller may reasonably require; and
8.3.3. the defect or suspected defect is reported to the Seller promptly and in any event prior to the Defects Liability Period, then, in respect of any defective Goods or parts of the Goods manufactured by the Seller and supplied to the Purchaser under this agreement, which are established to the Seller's reasonable satisfaction to have been defective at the time of despatch solely from faulty design, materials or workmanship, and where such defect was neither reasonably ascertainable to the Purchaser, its servants or agents on or after delivery, the Seller shall be entitled, at the Sellers sole discretion, either (a) to replace the goods with the same or equivalent model or (b) to refund the price to the Purchaser and the Seller shall thereupon be under no further liability to the Purchaser.
8.4. The Seller's warranty does not extend to Goods not of the Seller's manufacture, but at the discretion of the Seller, the Seller will endeavour to obtain for and at the expense of the Purchaser the benefit of any other warranty in relation thereto. The provisions set out in clause 8.3 are offered as an extra benefit and do not affect the Purchaser's statutory rights;
8.5 In the event that the cause and responsibility for a defect or possible defect as envisaged by clause 8.3 above
8.5.1 cannot reasonably and practicably be ascertained by the Seller; and/or
8.5.2 is not reported to the Seller during the Defects Liability Period; and/or
8.5.3 is previously deemed by the Seller not to fall within clause 8.3;
repair or replacement of the Goods or any part thereof or payment in respect thereof is at the absolute discretion of Seller
8.6 In the event that the Goods are not handled or assembled or installed or used or maintained or investigated strictly in accordance with the Seller's operating and / or installation instructions or other notices or advice issued in respect of the Goods, the Seller shall have no liability whatsoever for any defect in the Goods or for any consequence arising therefrom;
8.7 Save as provided for in clauses 8.3.1 to 8.3.3 of these Conditions, all terms, whether made expressly or implied and whether made by the Seller or its servants or agents relating to the quality and or fitness for purpose of the Goods or any part of the Goods are expressly excluded to the fullest extent permitted by law;
8.8 Without prejudice to the generality of clause 8.7 above, in the event of the Seller
8.8.1 breaching this agreement; and / or
8.8.2 committing any tort, including the negligence of its servant or agents, the Seller will have no liability to the Purchaser save that:
22.214.171.124 the Seller will indemnify the Purchaser in respect of any death or personal injury caused thereby and in respect of which no limitation or exclusion is intended;
126.96.36.199 the Seller will indemnity the Purchaser in respect of any Fraud on behalf of the Seller subject to the exclusions and limitations set out in clauses 8.9 to 8.12 below;
8.9 Without prejudice to the generality of the above, in no event shall the Seller be liable for :
8.9.1 any pollution or contamination of land or waters whether arising directly or indirectly from any breach or tort;
8.9.2 any damage to property whether arising directly or indirectly from any breach or tort;
8.9.3 the cost of assessing or preventing or minimising or mitigating or rectifying or allaying any pollution or contamination of land or waters whether arising directly or indirectly from any breach or tort;
8.9.4 the cost of assessing or preventing or minimising or mitigating or rectifying or allaying any damage to property whether arising directly or indirectly from any breach or tort;
8.9.5 loss of profits, business revenue, goodwill or anticipated savings whether arising directly or indirectly from any breach or tort;
8.9.6 consequential loss or damage;
8.9.7 any indemnity in respect of 8.9.1 to 8.9.6 above.
8.10 It is hereby acknowledged and accepted that it is the parties expectation that the service of any remediation notice or notices under part IIA of the Environmental Protection Act 1990 should generally lie as against the Purchaser or, if different, the owner and / or user of the Goods and / or occupier of the land not as against the Seller;
8.11 The Purchaser will indemnify the Seller in respect of :
8.11.1 the cost of any action taken pursuant to a remediation notice served on the Seller under part IIA of the Environmental Protection Act 1990;
8.11.2 any liability for the cost of remediation undertaken by any third party.
8.12 Without prejudice to the generality of the above, the liability of the Seller for all the losses caused by the breach or tort giving rise to a claim, shall be limited to damages of 3 times the purchase price of the Goods (excluding installation costs) and which the parties have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.
9 DRAWINGS AND MOULDS
Where the Price includes part cost of drawing and moulds, the ownership of the drawings and moulds shall at all times belong to the Seller including copyright.
10. ACCEPTANCE AND CANCELLATION
10.1 The Purchaser shall examine the Goods delivered forthwith upon delivery. If following such examination the Goods or any part thereof are claimed to be defective by reason of faulty design, materials or workmanship, such claim together with particulars of the matter complained of shall be notified in writing to the Sellers within two working days of delivery.
10.2 The Purchaser shall be deemed to have accepted the Goods within 2 working days after delivery or collection by the Purchaser.
10.3 After acceptance the Purchaser shall not be entitled to reject Goods which are not in accordance with the contract.
10.4 If for any reason an order is cancelled prior to delivery or collection, the Purchaser will be liable to indemnify the Seller for all costs incurred with the addition of a profit margin of 10% (ten per cent) of the said costs.
11 DESIGN AND SPECIFICATION
The design and specification of goods manufactured or sold by the Seller as described on websites, in brochures, sales literature or other documentary form are subject to alteration without notice.
12 RETENTION OF TITLE
12.1 Notwithstanding delivery of the Goods to the Purchaser and the passing of risk therein, the ownership of and title to the Goods will remain with the Seller until the Seller has received payment in full of the price of the Goods and all other debts then due by the Purchase to the Seller;
12.2 Until ownership of and title to the Goods has passed to the Purchaser (provided the Goods have not been resold) the Seller may require the Purchaser to return the Goods or any part thereof failing which the Seller shall be entitled to enter the premises of the Purchaser or any third party where the Goods are stored to take possession of the Goods or any part thereof;
12.3 Notwithstanding that the Goods (or any part of them) remain the property of the Seller, the Purchaser may sell or use the Goods in the ordinary course of the Purchaser's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Purchaser on the Purchaser's behalf and the Purchaser shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
In the event any one or more of the provisions of this Agreement or of any attachment is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
Any failure by the Seller to exercise any rights under these conditions shall not constitute a waiver or prevent the subsequent exercise of such rights.
These terms are subject to the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction.
16.1 The Purchaser must rely on the Purchasers own skill and judgement in assessing the suitability of goods for any particular purpose and the Seller accepts no responsibility in this connection.
16.2 All measurements, weights, colours, finishes and specifications given in any quotation are for guidance only and are subject to normal manufacturers tolerances and variations.
17.1 The Seller does not disclose the Purchasers information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the Purchasers details to any other third party.
17.2 Cookies are used on shopping sites to keep track of the contents of the shopping cart, to store delivery addresses if the address book is used, and to store information if the 'Remember Me' option is selected. They are also used after logging on as part of that process. Cookies can be turned off by going to 'Tools | Internet Options | Privacy' and selecting block cookies. If cookies are turned off, orders cannot be placed and other features that require cookies cannot be used.
17.3 Data collected by our shopping sites is used to:
17.3.1 Take and fulfil orders
17.3.2 Administer and enhance the site and service
17.4 Information is only disclosed to third-parties for delivery purposes
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