ESE Direct Ltd Catalogue Issue 39 (2019-2020)
Safety & Environment 409 Order now: 0800 161 3436 Can’t find what you’re looking for? Call our friendly team on 0800 161 3436 1. General (1). The Company is primarily a business to business supplier. Acceptance by the Company of an order for the supply of goods, irrespective of how it is received, will be subject to these conditions of sale, to the exclusion of all other conditions referred to, relied on or tendered by the customer unless explicitly agreed by the Company in writing. (2). Any reference in these terms and conditions to “in writing” is deemed to i nclude email and fax. 2. Prices (1). Unless otherwise specified, all prices are exclusive of VAT and carriage paid to the kerb side UK Mainland, excluding Highlands and Islands, for orders over £45, with the exception of large products requiring a crane / hiab offload. Where a crane / hiab offload is required, this may be charged for separately but the Company will notify you prior to despatch of goods if this is the case and you will have the right to cancel at that point. (2). Whilst We shall endeavour to maintain the prices shown online and in our printed materials (errors and omissions excepted), this We cannot guarantee and We reserve the right to charge the price ruling at date of order. In the event of a price alteration, notification will be made prior to despatch of goods and you will have the right to cancel at this point. 3. Orders / specifications (1). No order submitted by you shall be deemed to be accepted until confirmed in writing by the Company. Any subsequent amendments must also be confirmed by you and the Company in writing. Due to continual design and manufacturing improvements, strict accuracy of descriptions, specifications, colours, sizes, capacities and illustrations cannot be guaranteed. The Company will inform you in writing of any change in specification. In the event of a specification alteration, notification will be made prior to despatch of goods and you will have the right to cancel at that point. Product weights are approximate and any stated load capacities are for evenly distributed loads and must not be exceeded. (2). The images of the goods on our website or in our catalogues or brochures are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the goods and your goods may vary from those images. Where images of individual products are unavailable, images may show multiple goods alongside a description of which goods are included. For goods not manufactured by the Company, the Company is provided with images, codes, descriptions of goods displayed online and in printed material direct from its suppliers and the Company is not responsible for those images, codes or descriptions. (3). If you require specific colours, sizes, options, capacities, delivery dates or other criteria, these must be marked clearly on your order. (4). We will acknowledge your order during normal working hours (Monday – Friday 8.30am – 5.00pm) with a confirmed cost and estimated delivery date. If this is not acceptable, We will try to resolve any issues to your full satisfaction. If We cannot, you can cancel your order without charge prior to despatch of goods unless products are being made to order. 4. Delivery (1). Lead times are estimates of normal delivery. Unless otherwise agreed in writing, delivery of the goods shall take place at the address specified by you as close as possible to the estimated date specified by the Company. If We are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, We will deliver the order in instalments. We will not charge you extra delivery costs for this. (2). Goods are usually delivered to “goods inwards” or “reception” and always to kerbside / ground floor (unless previously agreed in writing). Further transfer or installation, particularly for large or heavy items, can only be arranged with prior notice (sometimes extra charges apply). (3). You or your authorised person must be present to receive and sign for delivery. Any failed attempts may result in a return delivery charge and leaving goods without a signature is entirely at your own risk. The Company cannot accept claims for shortage or damage after the goods have been delivered, unless the carrier’s note has been marked as damaged or signed “unexamined” and the Company is notified in writing within 24 hours of delivery of any issue. Some products may require a small amount of assembly by you after delivery to keep transport costs down. Total non-delivery due to loss in transit must be notified within 7 days of date of invoice. (4). Whilst We shall endeavour to deliver your goods to you as quickly as possible, at the very latest delivery will take place within 30 days after the day on which We accept your order (unless stated otherwise for those goods in our website or catalogues). 5. Return of goods (1). Standard goods will only be accepted for return unused, undamaged and in the original packaging within 14 days of delivery with the prior agreement of the Company, subject to our right to charge a restocking fee and carriage for the outward journey. Please refer to the price list on our website for restocking fees and carriage charges. (2). Unfortunately, We cannot accept the return of made-to-order goods if the reason for the return is because you provided us with incorrect measurements or because you no longer require the goods for any reason. However, this will not affect your legal rights as a consumer in relation to made-to-order goods that are faulty or not as described. (3). Cancellations / credits are issued by the payment method originally used. Cheques will be issued up to 10 days after your original payment date to allow sufficient time for security checks. Refunds to credit or debit cards will be issued quicker but may take up to 14 working days to show on your statements dependent on your bank (We are afraid this is totally beyond our control). 6. Payment (1). If credit terms are agreed by the Company, payment in full shall be made within 30 days of the invoice date, unless otherwise agreed in writing by the company. Failure to meet these payment terms shall result in you being liable to pay interest at the annual rate of 8% above the NatWest base lending rate on outstanding monies until payment in full is received. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay the Company interest together with any overdue amount. (2). If credit terms are not required / agreed, payment of fully cleared funds will be required in advance of despatch of goods. Please note you may have to wait up to 5 working days for cheque payments to be confirmed as valid and cleared by Nat West Bank before your goods can be despatched. 7. Risk / title (1). The risk in the goods shall pass to you on completion of delivery. (2). Title to the goods shall not pass to you until the earlier of: (a) the Company receives payment in full (in cash or cleared funds) for the goods and any other goods that the Company has supplied to you in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums; or (b) You resell the goods in the ordinary course of business, in which case title to the goods shall pass to you at the time specified in clause 7(4) below. (3). Until title to the goods has passed to you, you shall: (a) store the goods separately from all other goods held by you so that they remain readily identifiable as the Company’s property; (b) not remove, deface or obscure any identifying mark or packaging on or relating to the goods; (c) maintain the goods in satisfactory condition; (d) give the Company such information relating to the goods as the Company may require from time to time. (4). Subject to clause 7(5), you may resell or use the goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the goods. However, if you resell the goods before that time: (a) You do so as principal and not as the Company’s agent; and (b) title to the goods shall pass from the Company to you immediately before the time at which resale by you occurs. (5). Until such time as property in the goods passes from the Company to you, you shall upon request deliver up to the Company such of the goods as have not ceased to be in existence or re-sold by you. If you fail to do so the Company may enter upon any premises owned, occupied or controlled by you where the goods are situated and repossess the goods. © Copyright ESE Direct Ltd 2014 ESE Direct Limited (the “Company” / “We” / “Us” / “Our”) is fully committed to providing all customers with the best customer service, quality products and lowest prices, because “we want you to want to buy from us again and again”. Terms and Conditio s
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