Terms and conditions
“Customer” means the person who submits or places an order to buy the Goods and/or Services from the Seller.
“Conditions” means the terms and conditions of sale set out on this form and any special conditions.
“Goods” means the Goods which the Company is to supply.
“Services” means the installation / services to be provided by the Company for the Customer / End User.
“Price” means the total price for the Goods as set out on the sales invoice.
“Company” means Shape Adaptations Limited (company number 07998893) of Unit 16F, Airport Industrial Estate, Kingston Park, NE32EF.
“Consumer” means a customer who is a person who purchases Goods and/or Services for purposes outside of their trade business or profession (i.e. private customer).
“Contract” means the contract for the purchase of the Company’s Goods and/or Services, always subject to the conditions.
“End User” means the party to whom the Goods are delivered for use by them or who directly receives the benefits of the services, not the customer.
“Special Conditions” means any mutually agreed conditions which appear on the front of this form and form part of the contract.
1. Conditions applicable
a. These Conditions shall apply to all contracts for the sale of Goods and / or services by the Company to the Customer.
b. All orders for Goods and / or services shall be deemed to be an offer by the Customer to purchase Goods and / or services pursuant to these Conditions.
c. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
d. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
2. Contract Performance Exclusion
a. Neither party shall be liable to the other for any loss of use, revenue, profit (inc. anticipated), financial losses, increased costs, expenses, savings, wasted expenditure, loss of any contract, special damages, any direct, indirect or consequential losses or damages, including the failure of any products supplied to carry out their intended function, and all economic losses which may be suffered by any party arising out of or in connection with this agreement or formal contract.
3. Return of goods / Cancellation of Services.
a. These conditions do not affect your statutory rights as a consumer
b. Custom made-to-order products are not eligible for return or credit.
c. Customers / Consumers must notify the Company within 24 hours of any problems with deliveries only on supply of goods.
d. Failure to do so may result in the Company being unable to help resolve delivery and/or product and/or quality issues.
e. In the event of goods being returned owing to fault on the part of the Company, carriage costs and restocking fees will not be passed onto the customer.
f. Goods returned within 28 days of the purchase date will be subject to a 15% +VAT restocking charge. Goods can only be returned when agreed and authorised by the Company. This is not a requirement if the goods being returned are faulty.
g. Goods returned after 28 days will be subject to a 50% restocking charge. Goods can only be returned when agreed and authorised by the Company. This does not relate to faulty goods being returned.
h. Returned goods from within the local area, collected by the Company will be subject to a £15 +VAT collection fee. This is not a requirement if the goods being returned are faulty.
i. Total carriage costs for collection of goods outside the local area will be passed on accordingly.
j. When the Company organise collection of the returned items, providing a designated time and date for collection, it is the responsibility of the consumer to ensure that the goods are ready.
k. If the consumer fails to meet the arranged collection time, it will then be the responsibility of the consumer to return the goods to the Company.
l. Returned goods must be returned to the Company in their original packaging and secured for carriage in the manner in which they were received. This is not a requirement if the goods being returned are faulty.
m. You will not be able to cancel such contract for services once services have commenced. See definition of services Section 1.
n. If you have any complaints, please contact the Company at our address detailed above or call us on 0191 286 5703
4. Goods / Services
a. The company shall sell and the customer shall purchase goods and / or services in accordance with the customers contract..
b. The price of the goods and / or services shall be the company’s invoiced price and are inclusive of VAT, chargeable at the applicable rate.
c. Customers shall inspect the Goods thoroughly upon delivery and shall notify the Company within 24 hours of delivery of any defect or failure to conform to the contract.
d. The customer shall be responsible for ensuring the accuracy of its order and for giving the company any necessary data and information relating to Goods and / or services.
e. Any advice or recommendation given by the company as to the storage, application or use of the goods and / or services which is not confirmed in writing is acted on entirely at the customers own risk. The company shall not be liable for any advice or recommendation which is not confirmed.
f. Where installation is to be carried out by the Company’s personnel, the customer / end user shall make all arrangements necessary to ensure that such personnel are able to carry out and complete the installation unhindered.
5. Title and risk
a. The Goods shall be at the customers risk as from delivery.
b. In spite of delivery having been made ownership of the Goods shall not pass from the Company until:
i. the customer shall have paid the Price in full; and
ii. no other sums whatever shall be due from the customer to the company.
6. The Price and payment
a. Payment of the Price shall be due within 30 days from the date of each invoice unless payment has already been made.
b. Payment shall be by pro forma, cash, cheque with order, BACS or bankers draft.
c. For private installation services, a 50% deposit of the total value is payable at point of order, ahead of works commencing. Any final balance payment will be payable on the day of completion.
d. Stage payments are required for some installations and will be agreed with the customer before any services commence.
e. Failure to pay the price of the goods / services within the period specified will entitle the company to:
i. cancel the contract;
ii. decline to make further deliveries or supply of goods and / or services except upon receipt of cash or other payment method satisfactory to the company;
iii. charge the customer interest on all overdue invoices from the date when payment becomes due from day to day until the date of payment (as well as before any judgement) at the rate of 4% above Lloyds Bank plc’s base rate from time to time in force; and
iv. where the goods and / or services are supplied by instalments, the customer must pay for each instalment in accordance with the terms agreed.
f. The Buyer shall indemnify the Seller in respect of any bank charges it incurs which are attributable to the act or omission of the Buyer, and in particular those bank charges which arise as a result of dishonoured cheques.
7. Delivery of the Goods
a. Delivery of the Goods shall be made by the Company to the place agreed by the Company and the Customer, the delivery address set out overleaf.
b. All delivery times and dates quoted by the Company are approximate only and are not guaranteed.
c. The Company shall not be liable for any delay in delivery of goods or the performance of services however caused. The Company will endeavour to meet any agreed dates and times.
d. The customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
a. Each party to the contract agrees that the information will be treated as private and confidential and neither party shall publish or disclose any detail to any third party.
9. Data Protection
a. The Company will take all reasonable precautions to keep the personal details of the Customer’s order and payment secure.
b. The company will only use the personal information provided by the customer / end user for the purpose of fulfilling the customers order and for marketing communications to the customer / end user in respect of the company’s products, unless the customer / end user agrees otherwise. The customer / end user can request to be deleted, or opt out of receiving marketing communications by giving written notice to the Company at the address above.
This contract is subject to the law of England and Wales.
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4. Third Party Rights
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5. Term; Termination
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