Online Terms and conditions of Sale of Kippax Willow Limited (hereinafter referred to as “The Company”).
The terms and conditions (hereafter referred to as “Terms”) form part of the contract.
The Company and Its customers (hereinafter referred to as Customers).
And as such replaces and supersedes any written or oral, agreement between the parties. If any written or oral agreement so made is in conflict with the Terms of the document then this document shall prevail. Unless any Term has been expressly varied in writing by the Company.
The Company will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Companies website.
Payment is to be made in full at time of ordering.
ELECTRONIC CONTRACTING AND COMMUNICATIONS
When the Customer uses the Companies website or sends emails to us, they are communicating with us electronically. The Company will communicate with you by email or by posting notices on the website. For contractual purposes, the Customer consents to receive communications from us electronically and agrees that all agreements, notices, disclosures and other communications that the Company provides the Customer electronically satisfies any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS
All content included in or made available through the Companies website, such as text, graphics, logos, button icons, images, and data compilations is the property of the Company or its content suppliers and is protected by England and Wales copyright laws.
You may not extract and/or re-utilize parts of the content of the Companies website without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of the Companies website, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Companies website (e.g. our prices and product listings) without our express written consent.
DELIVERY OF GOODS
It is agreed that time for delivery is not of the essence and the Customer will have no action against the Company in the event of delay or cancellation by the Company.
The Company will not be held responsible for the goods after dispatch if a third party is delivering the goods. The third party is responsible for the insurance and safety of the goods during carriage to the Customer.
Any shortages, discrepancies, errors or faults must be reported in writing within 5 working days of receipt of the goods.
The Company guarantees goods against defective manufacture for 6 months from the date of installation or sale. The guarantee is limited to replacement of goods, provided that the goods are used and maintained in an appropriate manner as to their design and function and that the defective goods are returned to the Company (carriage to be paid by the customer). In the event that the goods are supplied by third parties through the Company, the Companies guarantee is limited to any compensation received from the Manufacturer. In any event the Companies liability is limited to the costs of replacing the goods purchased by the Customer and not for any other loss to the Customer, if any, arising from the goods supplied.
The Company supplies goods on the understanding that the Customer will examine and approve the goods. In the event that there is a defect in the goods supplied the Customer will accept, from the Company, replacement goods or a credit note in accordance with Limited Liability of the Company agreed by parties once the Company has been informed and allowed to examine and investigate the complaint.
Please note that as our hoses are made to measure your right to return goods does not apply unless in the rare event of human error, on the part of the Company, with regards to measurements.
RETENTION OF TITLE
The title of any goods supplied remains with the Company until payment is made in full including any outstanding interest. Until such payment is made the goods supplied are the property of the Company to the exclusion of others, not withstanding the above as the Customer will be liable for payment in full to the Company.
The customer shall have insurable interest only in the goods.
The Company reserves the right to alter the terms and conditions of contract in writing at it’s own discretion. The Customer will be informed of these changes in writing. The Customer will be subject to the terms and conditions in force at the time that they contract with the Company. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
The Company will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Companies goods and services.
The Company will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
If the Customer breaches these terms and conditions of sale and the Company takes no action, the Company will still be entitled to use their rights and remedies in any other situation where you breach these terms and conditions of sale.
In the unlikely event that a dispute should arise between the parties to the contract, the dispute shall fall within the jurisdiction of the courts and law of England and Wales..