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Telephone : 0700 340 2001
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1. DEFINITIONS
In this document the following words shall have the following
meanings:
1.1 "Buyer" means the person who buys Goods from the
Seller;
1.2 "Consumer" shall have the meaning given in section
12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees
to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods
maintained by the Seller as amended from time to time;
1.4 "Seller" means Ambersand Limited, Unit 31 Priory
Tec Park, Saxon Way, Hessle, East Yorkshire, HU13 9PB
1.5 "Terms and Conditions" means the terms and conditions
of sale set out in this document and any special terms and conditions
agreed in writing by the Seller and Buyer.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts
for the sale of Goods by the Seller to the Buyer and shall have
equal effect with any other documentation or communication from
the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant to these Terms and Conditions
and are subject to acceptance by the Seller. The Seller may
choose not to accept an order and will give reasons for doing
so.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall not take
effect unless agreed in writing by both parties to the contract.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's
statutory rights as a Consumer.
2.6 Business Address: Unit 31 Priory Tec Park, Saxon Way, Hessle,
East Yorkshire, HU13 9PB
2.7 VAT Number: 686453984
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's
current List Price/on the Seller's website/as contained in the
Seller's Quotation (as applicable) at the date of order or as
agreed between the parties. The total price is inclusive of
VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any
delivery charges) must be made in full before dispatch of the
Goods.
4. DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying
the Buyer that the Goods are available for collection at the
Seller's premises or for delivery to such place and on such
terms as agreed between the Seller and the Buyer at the time
the order is placed.
4.2 All Goods, wherever possible, will be delivered within 28
days of the order being placed (unless agreed otherwise with
the Buyer) and the Buyer shall make all arrangements necessary
to take delivery of the Goods whenever they are ready for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any
date stated for delivery.
4.4 Some Goods may not be in stock at the time the order is
placed. In the event that the Seller is unable to deliver the
Goods within the time specified in Clause 4.2, the Seller will
contact the Buyer to advise of the situation and the Buyer shall
be entitled to cancel the order and receive a full refund or
agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon
delivery of the Goods.
4.6 The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the Seller.
5. CANCELLATION AND RETURNS
5.1 The Buyer shall inspect the Goods as soon as reasonably
possible after receipt and shall notify the Seller within a
reasonable time of delivery if the Goods are damaged or do not
comply with any part of the Contract.
5.2 Where a claim of defect or damage is made then it shall
be the responsibility of the Seller to collect the Goods. If
the goods are returned by the Buyer they shall be entitled to
replacement Goods or a full refund (including delivery costs,
if applicable) plus any return postal charges if the Goods are
in fact defective.
5.3 Goods to be returned must clearly show the order number
obtained from the Seller on the package.
5.4 Where returned Goods are found to be damaged due to the
Buyer's fault the Buyer will be liable for the cost of remedying
such damage.
5.5 Where Goods are purchased via the internet, by mail order
or by phone or fax, the Buyer has the right, in addition to
any other rights, to cancel the Goods and receive a refund by
informing the Seller in writing or by email within 7 working
days of receipt of the Goods. Goods must be returned at the
Buyer's cost and should be adequately insured during the return
journey. The Buyer shall receive a refund of all monies paid
for the Goods (including delivery charges, if any) except for
return postal charges within 30 days of cancellation.
6. GUARANTEES
In addition to the Buyer's statutory rights, the Seller guarantees
all Goods against faulty workmanship and materials for a period
of one year from the date of delivery.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury.
8. OTHER CONSEQUENCES
Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from
events or circumstances outside its reasonable control, including
but not limited to acts of God, strikes, lock outs, accidents,
war, fire, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply.
9. SEVERANCE OF CONTRACT TERMS AND CONDITIONS
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court
of competent jurisdiction such provision shall be removed and
where possible the remainder of the provisions shall continue
in full force and effect as if these Terms and Conditions had
been agreed with the invalid, illegal or unenforceable provision
removed.
10. GOVERNING LAW
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and the parties hereby
submit to the exclusive jurisdiction of the English courts.
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humber imports 2010 |
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