1.1 These Terms and Conditions govern the supply of goods sold by Applied Products of “we” and “us” ) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
PRICE AND PAYMENT
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for carriage, and insurance as set out in the order form.
2.2 We reserve the right to change the price of commodity goods, such as copper, due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.3 On occasion, the prices payable of goods advertised on our web site may differ from those prices offered at our trade counter, and we are under no obligation to honour any web site price if there is such a difference.
2.4 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5 Subject to clause 2.6 we must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage, before your order can be processed unless we have agreed otherwise in advance in writing.
2.6 If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over the HSBC’S then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.
DELIVERY AND TITLE
2.7 Unless you order and collect from our trade counter, we will deliver them in accordance with your order. A valid signature will be required on collection or delivery.
2.8 For reasons of health and safety and to avoid any property damage, most large items can only be delivered to a ground floor location at the delivery address.
2.9 Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and should store the goods at your own cost, separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
The goods ordered will be delivered to the address provided by you when you place your order. For delivery outside the UK, you will be responsible for obtaining all necessary licenses and complying with all applicable legislation and regulations in relation to the export of goods from the UK and the importation into your destination country. You will also be responsible for the payment of any applicable import duties and taxes.
If you provide us with an incorrect or incomplete delivery address and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to reduce your order value by the original carriage costs and any further costs incurred to return the package to our premises.
Part rolls of window film and manifestations are classed as bespoke goods and cannot be returned to us unless there is a fault with them.
3.0 While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may. In our absolute discretion, as soon as possible raise a credit note to offset the amount invoiced to you.
CANCELLATION AND RETURNS
3.1 You may cancel your order by giving us notice of cancellation in writing by fax, or by email, or call at our trade counter (please ring to confirm our receipt of your fax or e-mail ) within 30 days of the date of delivery to you, or collection from our trade counter. Please note any non standard items ordered in specially for, or made to order for you cannot be returned. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
3.2 On cancellation for whatever reason, you must return the goods to us at your cost and in good condition we reserve the right to refuse damaged or poorly pack goods, unless we agree that you may dispose of them in which case please comply with the manufacturers instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will arrange for the goods to be collected. Upon receipt of the returned item, we will fully examine it and notify you via email, within 14 days, whether you are entitled to a
If you are entitled to a return, we will refund your purchase price and a credit will automatically be applied to your original method of payment.
3.3 If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 3) either make good any shortage or non-delivery ; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
3.4 We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.
3.5 This does not affect your statutory rights if you are a customer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
3.6 Those signing The Trade Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company cannot meet its obligations.
3.7 If the limited company goes into receivership the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
AGE REQUIREMENTS FOR SPECIFIC GOODS
3.8 Where you place an order for age-restricted goods such as solvents and knifes, you confirm that you are over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
3.9 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
4.0 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes)
4.0 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.