As per our website..
http://www.weldingdirect.co.uk/article/terms_and_conditions
This returns policy does not affect your statutory rights.
Noz-alls Ltd recommends that you print out and keep a copy of these terms and conditions for future reference.
These terms and conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights.
Standard Terms and Conditions:
1. Interpretation
In these conditions:
“Buyer” means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller
“Goods” mean the Goods (including and installment of the Goods or any parts for them) which the Seller is to supply in accordance with these Conditions
“Seller” means Noz-Alls Ltd, Unit 10 Knightsbridge Business Centre, Cheltenham, Gloucestershire, GL51 9TA
“Writing” means notices given in written form via post, fax or on email. All methods require proof of delivery.
2. Basis of the sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.
2.3 The Seller’s employees or agents are authorised to make any representations concerning the Goods unless confirmed by the Seller in writing in entering into the Contract the Buyer acknowledges that it does not rely on, and waives and claim for breach of any such representations which are not so confirmed.
3. Orders and Specifications
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms or any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within sufficient time to enable the Seller to perform the Contract in accordance with its terms
3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyers order (if accepted by the Seller)
3.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation
3.5 Goods may be accepted for return at the discretion of the Seller provided they are in the condition they were in when they left the Seller’s premises. In such circumstance the Seller shall charge a restocking charge equal to 20% of the price or £35, whichever is the greater, in accordance with the Seller’s policy at the time of such return and may deduct the same from any moneys to be refunded to the Buyer
4. Price of the Goods
4.1 The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of dispatch of the Goods. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving prior notice to the Buyer
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specification for the Goods which is requested by the Buyer or any delay caused by instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions
4.3 Except as otherwise stated under the terms of any quotation or in any price listed of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
4.4 The price is exclusive of any applicable value added tax which the Buyer shall be additionally liable to pay the Seller
5. Terms of Payment
5.1 Subject to any special terms agreed in writing between the Buyer and Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer that the Goods are ready for collection or (as the case maybe) the Seller has tendered delivery of the Goods
5.2 The Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deductions) within 30 days of the end of the month in which the Seller’s invoice is dated, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request
5.3 If the Buyer fails to make any payment on the due date without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.3.1 cancel the Contract or suspend any further deliveries to the Buyer;
5.3.2 appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other Contract between the Buyer and the Seller) as the Seller may think fit (not withstanding any purported appropriation by the Buyer);
5.3.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 5% per cent per annum above the Bank of England base rate, until payment in full is made (a part month being treated as a full month for the purpose of calculating interest);
5.3.4 cancel or withdraw any discounts given or offered to the Buyer
5.4 In consideration of Noz-Alls Ltd agreeing to grant credit to the company applying for credit herein (“the Company”) hereby unconditionally and irrevocably guarantee the due and punctual performance and observance of all the terms conditions and covenants contained herein on the part of the Company, and as primary obligor and not merely surety agree to indemnify and keep you indemnified against all action losses proceedings, damages and expenses whatever arising as a result of any failure by the company to comply with the terms of this agreement.
6. Delivery
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place at the Buyer’s cost and risk
6.2 Any dates quoted for the delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Times for delivery shall not be of the essence unless previously agreed by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer
6.3 Where the Goods are to be delivered in installments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more installments in accordance with these conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat, the Contract as a whole as repudiated
7. Non-Delivery
If the Seller fails to deliver the Goods for any reason other than cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods
7.1 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller, the Seller may;
7.1.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or;
7.1.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract
7.2 All fitting and maintenance of the Goods shall be the responsibility of the Buyer
7.3 The quantity of any consignment of Goods as recorded as by the Seller on dispatch from the Seller’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
7.4 The Seller shall not be liable for any non-delivery of Goods (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller of the non-delivery within 5 (five) working days of the date when Goods would in ordinary course of events have been received.
7.5 Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata Contract rate against any invoice raised for such Goods.
8. Risk and Property
8.1 Risk of damage to loss of the Goods shall pass to the Buyer;
8.1.1 in case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
8.1.2 in the case of the Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods
8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due
8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of it’s business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured
8.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods
8.5 The Buyer shall not be entitled to pledge or in any way change by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable
9. Warranties and Liability
9.1 Subject as expressly provided in these conditions the Seller warrants the Goods will comply with the description set out in the catalogue issued by the Seller from time to time. All other conditions warranties terms and undertakings express or implied statutory or otherwise in respect of the Goods are hereby excluded
9.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions and Statements order 1976) the statutory rights of the Buyer are not affect by these conditions
9.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods have been delivered in accordance with the Contract.
9.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods on their failure to meet specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace or repair the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer and this shall be the Seller’s entire liability to the Buyer in respect of any such claim
9.5 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duly or common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these conditions
9.6 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing causes beyond the Seller’s reasonable control shall include Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any Governmental, Parliamentary or local authority; import or export regulations or embargoes; strikes; lock outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); difficulties in obtaining raw material, labour, fuel, parts or machinery; power failure or breakdown in machinery
10.0 Insolvency of the Buyer
10.1 This clause applies if;
10.1.1 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction), or
10.1.2 An encumbrancer taker possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
10.1.3 The Buyer ceases, or threatens to cease, to carry on business, or
10.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly
10.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary
11. General
11.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such address as may at the relevant time have been notified pursuant to this provision to the party giving the notice
11.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision
11.3 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby
11.4 The Contract shall be governed by the laws of England
Website Terms and Conditions
This site is owned and operated by Noz-alls Ltd ('Noz-alls Ltd', 'we' or 'us' or 'our'). If you have any questions or comments with regard to these terms and conditions please contact us by either email: graham@nozalls.com or phone: 01242 681052 Monday–Friday, 09:00 to 17:00.
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out here. If you do not agree to be bound by these terms and conditions you may not use or access this website.
The Contract Between Us
Any contract for purchases made through the website will be with Noz-alls Ltd. Noz-alls Ltd must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed.
Once payment has been received Noz-alls Ltd will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Noz-alls Ltd’s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
Noz-alls Ltd is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by e-mail. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
General Terms
These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non–exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.
Additional terms and conditions may apply for prize competitions, online bidding, pre–release orders and our added value services and offers. If so, you will be alerted to them at the relevant juncture.
These terms and conditions only cover the Noz-alls Ltd website. Any other websites which are linked to from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites, which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
This Website
Noz-alls Ltd own the copyright, trademarks and other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non–commercial use. Any other use or reproduction of the material or content is strictly prohibited.
You may not create any link to this website without prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Noz-alls Ltd website, we make no warranties, whether express or implied in relation to its accuracy.
We make no warranty that the Noz-alls Ltd website will meet your requirements or will be uninterrupted, timely or error–free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Noz-alls Ltd website.
Payment Details
Noz-alls Ltd accepts payment by American Express, Visa, MasterCard, Switch, Maestro and all other major cards. All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion.
Upon receiving your order Noz-alls Ltd carries out a standard pre-authorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card during this pre-authorisation check. Your card will only be charged upon dispatch of the items in your order. Your card will not be debited for items in your order which have not been dispatched, apart from magazine subscriptions, which, due to their nature are invoiced before the magazine is dispatched.
Availability of Goods You Order
If Noz-alls Ltd has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Noz-alls Ltd from your credit card will be re-credited to your account and Noz-alls Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Noz-alls Ltd will not be obliged to offer any additional compensation for disappointment suffered.
Please note: We endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating the website when goods have sold out at promotional price can take a few hours to update.
Changes to This Agreement
Noz-alls Ltd reserves the right to make changes to our site, policies, and these terms and conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unforeseen, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
