EPS Terms & Conditions
1. DEFINITIONS
| Buyer | the person who buys or agrees to buy the goods from the Seller. |
| Conditions | the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller. |
| Goods | the articles which the Buyer agrees to buy from the Seller. |
| Price | the price for the Goods, including VAT and any carriage. |
| Seller | means Express Plumbing Supplies of Unit 5, Riverside Business Park, Natland Road, Kendal, Cumbria, LA9 7LR. |
2. CONDITIONS
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of Ashley Wilson.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
3. PRICE
The Price is the amount stated on the invoice.
4. PAYMENT AND INTEREST
4.1 Payment shall be due before dispatch of goods.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
5. DELIVERY OF THE GOODS
5.1 Delivery of the Goods shall be made to the Buyer’s address or to an address advised by the buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
5.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
5.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.
5.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer shall carry out a thorough inspection of the Goods within 5 working days of delivery and shall give verbal or written notification to the Seller of the Goods with any defects which a reasonable examination would have revealed.
6.2 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7. TITLE AND RISK
7.1 Risk shall pass on delivery of the Goods to the Buyer’s address or the address advised by the buyer.
7.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
7.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
7.4 The Seller may at any time before title passes and without any liability to the Buyer:
7.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
7.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
7.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
8. CARRIAGE OF GOODS
We cover Cumbria, North Lancashire and South Dumfriesshire on a daily basis with free delivery. Free delivery outside this area may be available upon request, however we reserve the right to decline free delivery within the area. Carriage will be chargeable when agreed and advised by the seller.
9. RETURNS
9.1 No goods delivered to the Buyer which are in accordance with the Contract will be accepted for return without the prior written approval of the Seller in accordance with the Seller’s then current Returns Authorisation Procedure and on the terms to be determined at the absolute discretion of the seller.
9.2 If the seller agrees to accept any such goods for return the Buyer shall be liable to pay on the return a handling/re-stocking charge of 20% of the invoice price. Such goods must be returned by the Buyer carriage paid to the Seller in their original packaging.
9.3 For the sake of clarity, no goods will be accepted for return if specifically ordered by the Buyer (un-stocked items) or any other goods which are returned at the time after 5 working days after delivery and invoice.
9.4 Goods returned without prior written approval of the seller may at the Seller’s absolute discretion be returned to the Buyer or stored at the buyers cost without prejudice to any rights or remedies the Seller may have.
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