Terms and Conditions of Sale

Terms & Conditions of Sale

1. Definitions

‘GOODS’ The articles which the Buyer agrees to buy from the Seller

‘SELLER’ Sumworkwear, as a trading arm of The Railway Shop Ltd, Unit 9 Fernley Green Road Industrial Estate, Knottingley, WF11 8DH

‘BUYER’ The person, firm or company who agrees to buy the goods from the Seller; ‘CONDITIONS’ Means the standard terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the Buyer and the Seller;

‘CONTRACT’ The agreement between the Buyer and Seller for the purchase and sale of the Goods in accordance with the Conditions.

2. Conditions
These conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Products, to the exclusion of all other terms and conditions including the Buyers standard conditions. All orders for Products shall be deemed to be an offer by the Buyer to purchase Products from the Seller pursuant to these conditions. Acceptance of delivery of Products shall be deemed to be conclusive evidence of the Buyers acceptance of these Conditions. These conditions may not be varied except by the written agreement between the authorised representatives of the Buyer and the Seller. These conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

3. Orders and Specifications
Quantity, quality and description of the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer, and for giving the Seller any necessary information relating to the delivery of the Product. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss, costs, damages, charges and expenses incurred by the Seller as a result of cancellation.

4. Price
All prices are shown in sterling and are quoted exclusive of VAT, which shall be due at the rate in force on the date of the Sellers invoice.

5. Delivery
All orders – unless discussed otherwise, will incur a £9.95 (net of VAT) carriage charge. All orders are normally dispatched within 3 days; if there is likely to be a delay we will inform you as soon as possible. Monday to Friday we aim to ship within two days of receiving an order and orders received before 1pm are usually dispatched next day. Orders placed after 1pm on Friday, any time on Saturday or Sunday are not packed until Monday at the earliest. The Seller undertakes to use its reasonable endeavours to dispatch the Products on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be the essence of the contract. The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the later delivery or short delivery of the Products. If short delivery does take place, the Buyer undertakes not to reject the Products but to accept the Products delivered as part performance of the contract. If the buyer fails to take delivery of the Products on the agreed delivery date or, if no specific delivery date has been agreed, when the Products are ready for dispatch, the Seller shall be entitled to store and insure the Products and to charge the Buyer the reasonable costs of doing so.

6. Acceptance of the Goods
The Buyer shall be deemed to have accepted the Products 48 hours after delivery to the Buyer. The Buyer shall carry out a thorough inspection of the goods within 48 hours of delivery and shall give written notification to the seller within 3 working days of delivery of the Products of any shortages or defects which a reasonable examination would have revealed. Where the Buyer has accepted, or has been deemed to have accepted the Products, the Buyer shall not be entitled to reject the Products which are not in accordance with the contract.

7. Payment
Payment of the Price and VAT shall be due within 30 days EOM of the date of the Sellers invoice. Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at a rate of 3% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment. The Buyer shall pay all amount in full and not exercise any rights of set-off or counter claim against invoices submitted by the Seller.

8. Guarantees
Ledco Ltd guarantees the Ledlenser range to be free of defects in materials and workmanship for 5 years from purchase date (or 7 years if the product is registered). This guarantee does not cover normal wear and tear, nor damage resulting from misuse or neglect. Batteries, holsters, pouches, remote switches, colour filters, imprints, and surface coatings are not included in this guarantee. For the proper functioning of rechargeable batteries a warranty period of 24 months applies. Claims under this warranty are only valid if the product does not reveal any damages or signs of wear caused by use that is different to what the manufacturer has intended. They are also only valid if the product does not reveal any indications of repairs or other interference by the customer or by repairers who are not authorised by the manufacturer. The warranty only covers exchanges and repairs. The warranty period will neither be extended nor renewed if warranty services are rendered. If the product is defective, return it to us for repair or replacement.

9. Returns & Refunds
If under our terms of conditions of sale you are entitled to return defective product(s), you should contact the sales office for approval and confirmation of returns procedure. Proof of purchase is required and the costs of sending the goods shall be borne by you.

10. Title and Risk
Risk shall pass on delivery of the Goods to the Buyers address or other such address as agreed by the Buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer under which goods were delivered.

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