Buy online: www.esedirect.co.uk 410 Can’t find what you’re looking for? Call our friendly team on 0800 161 3436 8. Warranty / liability (1). All of the Company’s products have a minimum one year warranty. Where goods are found to be defective within their warranty period the Company shall repair or in its sole discretion replace defective goods free of charge, subject to, the remainder of this clause 8 and you notifying the Company in writing immediately upon a defect becoming apparent due to faulty design, materials or workmanship. (2). If the Company fails to comply with these terms and conditions, it is, subject to the other provisions in this clause 8, responsible for loss or damage you suffer that is a foreseeable result of its breach of the terms or its negligence, but the Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of its breach or if it was contemplated by you and the Company at the time you entered into this contract. (3). The warranties described in this clause 8 do not apply to any defect in the goods arising from: (a) fair wear and tear; (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) your failure to operate or use the goods in accordance with the user instructions; (d) any alteration or repair by you or by a third party who is not one of the Company’s authorised repairers; and (e) any specification provided by you. (4). The warranties described in this clause 8 are in addition to, and do not affect, your legal rights in relation to the goods that are faulty or not as described. (5). Nothing in these terms and conditions shall limit or exclude the Company’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (e) defective products under the Consumer Protection Act 1987. (6). The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract. (7). The Company shall be liable for loss or damage in an amount not exceeding the total price of the goods. 9. Events outside our control (1). The Company shall not be liable for any delay or failure to perform its obligations resulting from circumstances outside its reasonable control, including but not limited to, acts of god, strikes, lockouts, accidents, terrorism, war or riot, sabotage, plant / machinery failure or shortage of raw materials. 10. Intellectual property rights / copyright (1). The display of, or sale of, goods by the Company shall not transfer or affect ownership of any intellectual property rights / trademarks etc of the goods. No use, distribution or copying of any information contained within the Company’s publications or websites is permitted without prior written consent. 11. Data protection (1). The placing of orders will require you to provide the Company with names, addresses and other relevant detail to enable an efficient transaction to take place. Where you have indicated your consent, the Company may contact you about similar products or services that the Company offers. To stop receiving this information, please either amend your online account settings or send an email to
[email protected] with ‘No Other Information’ written in the subject and include your postal address and account number. 12. Your rights to cancel and applicable refund (1). Before the goods are delivered, you have the following rights to cancel an order for goods (other than made-to-order goods): (a) you may cancel any order for goods at any time before the Company despatches the goods by contacting the Company as described in clause 15(3) below. The Company will confirm your cancellation in writing to you; (b) if you cancel an order under clause 12(1)(a) and you have made any payment in advance for goods that have not been despatched to you, the Company will refund these amounts to you and any delivery charges; (c) unfortunately, if you cancel an order for goods under clause 12(1)(a) and the Company has already despatched the goods to you, the Company will not be able to cancel the order until it is delivered. In this case, if you return the goods to the Company, the Company will have to charge you the cost of collection or you will have to pay the cost of returning the goods back to the Company. This will not affect your refund for the goods themselves, but the Company will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you. (2). Unfortunately, as the made-to-order goods are made to meet your requirements, you will not be able to cancel the order once manufacture has started (but this will not affect your legal rights in respect of made-to-order goods that are faulty or not as described). 13. Our rights to cancel and applicable refund (1). The Company may have to cancel an order before the goods are delivered, due to an event outside our control or the unavailability of stock. If this happens: (a) the Company will promptly contact you to let you know; (b) if you have made any payment in advance for goods that have not been delivered, the Company will refund these amounts to you; (c) where the Company has already started work on an order for made-to-order goods by the time the Company has to cancel under clause 13(1)(a), the Company will not charge you anything and you will not have to make any payment. 14. Other important terms (1). The Company may transfer its rights and obligations under these terms and conditions to another organisation, and it will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the contract. (2). You may only transfer your rights or obligations under these terms and conditions to another person if the Company agrees in writing. (3). This contract is between the Company and you. No other person shall have any rights to enforce any of its terms. However, subject to clause 14(2) the purchaser of your property will have the benefit of the warranty at clause 8. (4). Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. (5). If the Company fails to insist that you perform any of its obligations under these terms and conditions, or if the Company does not enforce its rights against you, or if the Company delays in doing so, that will not mean that the Company has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Company does waive a default by you, it will only do so in writing, and that will not mean that the Company will automatically waive any later default by you. (6). These terms and conditions are governed by English law. The Company and you both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. 15. Information about the Company and its contact details (1). The Company is registered in England and Wales under registration number 01279230. The Company’s registered office is at 1 Otley Road, Baildon, Shipley, BD17 7LW and the Company’s registered VAT number is 287826210. (2). If you have any questions or if you have any complaints, please contact the Company. You can contact the customer service team by telephone on 0800 161 3437 or by email to
[email protected] . (3). If you have a query relating to an order you can contact the sales team by telephone on 0800 161 3436 or by email to
[email protected] . Note: Supplemental Conditions apply if Supply &Installation Services required, please ask for full details. © Copyright ESE Direct Ltd 2014 Terms and Conditions