- The "Buyer" Means the person who buys or agrees to buy Goods from the Seller.
- The "Seller" Means J. Boyle & Sons (The Ironmonger), whose registered office is at J. Boyle & Sons. Unit J. New Ashtree Street. Ashtree Industrial Estate. Wishaw. ML2 7UR VAT No. 361.2998.33.
- "Terms and Conditions" Means the Terms and Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
- "Order Means the contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Terms and Conditions.
- "Goods" Means the goods (or any part of them) set out in the Order.
- A reference to writing or written includes faxes and e-mails.
Basis of Contract
- These Terms and Conditions govern the sale of Goods by the Seller to the Buyer. These Terms and Conditions constitute the entire and only agreement between the parties in relation thereto. The Seller's acceptance of the Order by delivery of the Goods constitutes a legally binding contract between the parties on these Terms and Conditions.
- All orders placed by the Buyer are on the basis of these Terms and Conditions and are subject to acceptance by the Seller by delivery of the Goods to the Buyer at which point a legally binding contract is constituted between the parties. The processing of payment and acknowledgment of the Buyer's Order does not constitute legal acceptance of the Order.
- These Terms and Conditions supersede all previous terms and conditions issued by the Seller and the Buyer agrees to be governed by them in all matters arising from the purchase of Goods from the Seller.
Price and Payment
- The price payable for the Goods is as set out on the Seller's website at the time the Order is placed or, if an order is placed from one of the Seller's catalogues, as set out in the catalogue from which the order is placed (provided it is a current catalogue), plus any charges for insurance and carriage as set out in the Seller's current applicable catalogue.
- Subject to clause 3.3, the Seller must receive payment for the whole of the price of the Goods ordered, and any applicable charges for packaging, insurance and delivery, before the Order can be accepted unless the Seller has agreed otherwise in advance in writing.
- If the Buyer is an account customer, payment shall be made in full at the end of the month following date of invoice. Time shall be of the essence for payment. The Seller may revoke credit if the Buyer fails to make payment when due. If payment is not made when due, interest is payable at the rate of 4 per cent over the Bank of Scotland Plcs base lending rate from time to time on the amount outstanding from the due date for payment until receipt by the Seller of the full amount (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs.
- On occasion, the prices payable of Goods advertised on the Seller’s website may differ from those prices offered in the then current catalogue, and the Seller is under no obligation to honour any web site price if there is such a difference. Occasionally, the Seller advertises Goods at a promotional price; the Buyer must quote the relevant promotion code otherwise the Buyer may be charged the full price
- The Buyer is responsible for all orders placed by its authorised employees and the Seller is not bound by any individual order limit the Buyer may impose on its authorised employees. The Buyer must inform the Seller in writing as soon as a relevant employee is no longer authorised to place and receive Orders.
- All prices quoted are subject to VAT at the prevailing rate on the date of dispatch.
- Occasionally an error may occur and Goods may be incorrectly priced in which circumstances the Seller will not be obliged to supply the Goods at the incorrect price, but will inform the Buyer of the correct valid price to enable the Buyer to re-order.
- Prices are valid unless the Seller requires for commercial reasons to vary any price during the current catalogue period it will notify the Buyer at the point of order or otherwise in its issued literature.
- No payment transaction will be completed until immediately prior to the point of despatch.
Delivery and Title
- Unless the Buyer tells the Seller it wishes to collect the Goods, the Seller will deliver the Goods in accordance with the Order. A valid signature will be required on collection or delivery.
- Subject to clauses 4.3 and 4.4, title to the Goods will remain with the Seller until such time as all Goods are ready for dispatch and paid for in full.
- Title to the Goods shall not pass to the Buyer until the Seller has received payment in full for the Goods and all other sums which are or which become due to the Seller for sales of Goods to the Buyer.
- Until title to the Goods has passed to the Buyer, the Buyer shall:
- hold the goods on a fiduciary (good faith) basis as the seller’s bailee (custodian);
- store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller’s property;
- not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
- maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
- notify the Seller immediately if it becomes the subject to any of the events list in clause 8.1; and
- give the Seller such information relating to the Goods as the Seller may require from time to time.
- but the Buyer may resell or use the Goods in the ordinary course of its business.
- In the unlikely event that the Buyer has not received all the Goods within 48 hours of the expected date of delivery (or where the Buyer has requested a delayed dispatch within 48 hours of the requested dispatch date), the Buyer must notify the Seller immediately.
- The Seller will endeavour to deliver the Goods in accordance with the Order within the stated delivery time. In the unlikely event that the Seller does not make the Goods available to the Buyer within 30 days of the Order the Seller will have the option of cancelling the Order by notifying the Buyer accordingly prior to delivery. Before placing the Order, please refer to the delivery options set out in the Seller’s website and catalogue to ensure that delivery can be made to the Buyer’s address. A valid signature will be required on collection or delivery. The Seller reserves the right to choose to nominate the carrier. In the unlikely event that the Buyer has not received all the Goods within the stated delivery time, the Buyer must notify the Seller immediately. The Buyer must not schedule or commence any installation work until after the Buyer has received its Order and checked all the Goods for any defects or missing parts.
- While the Seller endeavours to hold sufficient stock to meet all orders, if the Seller has insufficient stock to supply or deliver the Goods ordered and paid for by the Buyer, the Seller may, at its discretion, supply or deliver a substituted product or refund to the Buyer the price paid for such Goods as soon as possible and in any case within 30 days or, in the case of an account customer, the Seller may, in its absolute discretion, as soon as possible raise a credit to offset the amount invoiced to the Buyer.
- Colour and finishes may vary slightly as is dependant on products supplied by manufactures.
Returns, Shortages, Damaged Goods and Cancellations
- The Buyer may return any unwanted, faulty or damaged Goods to us within 30 days without any handling charge, providing the Goods, including packaging, are in a re-sellable condition subject to 6.4.
- In the unlikely event of the Order being supplied incomplete or Goods arriving damaged in transit the Buyer must notify the Seller in writing within 7 days of delivery.
- The Seller will refund by the same method of payment used to purchase the Goods.
- The Seller is unable to accept the return of any non-standard special product that has been supplied correctly in accordance with the Buyer’s instructions.
- The Buyer may cancel its order by giving the Seller notice of cancellation within 30 days of the date of delivery to the Buyer or collection from a trade counter. Such notice may be given by phone, mail, fax or email. If the Buyer is canceling because of any problem with the Goods, please notify the Seller of the problem at the time of cancellation.
- On cancellation for whatever reason, the Buyer must return the Goods to the Seller at the Buyer’s cost unless the Seller agrees that the Buyer may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous Goods. Where the Goods are being returned because they are faulty, incorrect Goods or because of unsuitable substitution by the Seller, the Seller will meet the cost of return and the Seller can nominate the carrier.
- If the Buyer has notified the Seller of a problem with the Goods within 30 days of delivery, the Seller will (subject to clause 5) either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to the Buyer the amount paid by the Buyer for the Goods in question.
- The Seller shall have no liability to pay any money to the Buyer by way of compensation other than any refund the Seller makes under these Terms and Conditions. The Seller’s liability to the Buyer shall not in any event include losses related to any business of the Buyer, such as loss of profits or business interruption; neither will the Seller be responsible to the Buyer for any other loss which is not a foreseeable consequence of the Seller being in breach of these Terms and Conditions or its legal duties. The Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with this agreement shall not exceed the price of the Order.
- This does not affect your statutory rights, nor is it intended to exclude the Seller’s liability to the Buyer for fraudulent misrepresentation or for death or personal injury resulting from the Seller’s negligence or any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
- Goods are intended for use in the UK only and the Seller cannot confirm that the Goods comply with any laws, regulations or other standards applicable outside the UK. All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods.
- Subject to Clause 7.3, the Seller will not be responsible to the Buyer or, in the event that the Buyer is undertaking work for another person, to any other person, for the use or installation of any Goods by the Buyer. Accordingly, if the Buyer is a trade customer, the Buyer hereby agrees to hold the Seller harmless, and indemnify the Seller against any liability associated with, any claim or allegation that the Seller is responsible for any failings in the installation or use of Goods that the Seller supplies.
- The Seller may suspend further supply or delivery, stop any Goods in transit or terminate the contract by notice in writing to the Buyer if the Buyer is in breach of an obligation hereunder or the Buyer becomes unable to pay its debts when they fall due or proceedings are commenced by or against the Buyer alleging bankruptcy or insolvency.
- Upon termination, the Buyer’s indebtedness to the Seller becomes immediately due and payable and the Seller shall be under no further obligation to supply Goods.
- In the event that the Seller is prevented or delayed from carrying out its obligations under this agreement as a result of any cause beyond its control such as but not limited to acts of God, war, strikes, lockouts, flood and failure of third parties to deliver Goods, the Seller shall be relieved of its obligations and liabilities under such agreement for as long as such fulfilment is prevented.
Health and Safety
- By purchasing from the Seller the Buyer acknowledges that it is aware of all health and safety requirements pertaining to the products and their application.
- By purchasing from the Seller the Buyer assumes full liability for the consequences of its actions and acknowledges that the Buyer is obliged to report any misuse or abuse of the Sellers’ products and/or services.