Terms and Conditions
TERMS AND CONDITIONS FOR SUPPLY OF GOODS OF
Kendor (Leicester) Ltd
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods from the Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement or other similar document describing the Goods to be provided by the Supplier;
1.5 "Supplier" means Kendor (Leicester) Ltd., Kendor House, Knighton Junction Lane, Wellford Road, Leicester, LE2 6AR.
1.6 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 Days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods is as specified in quote or this Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Please note all accounts beyond our credit terms will be passed to our debt collection agent, All accounts without exception, will be subject to a surcharge of 15% plus vat to cover our costs in recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement
4.3 The customer hereby consents to the jurisdiction of the Leicester County Court for the resolution of any disputes.
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
- All risk in the Goods shall pass to the Customer upon delivery.
- The Seller's delivery agent reserves the right to request identification on delivery, The Seller's delivery agent reserves the right to refuse delivery should acceptable identification not be provided
5.2.3 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation by us. The Buyer must notify the Seller of the damage within 24 hours of delivery. The Buyer must notify the Seller of any dispute within 7 days of delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before delivery of the goods, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform sale of the Goods with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 In addition to the Customer's statutory rights, the Supplier guarantees all Goods for a period of 28 days from the date of delivery.
8.4 The Guarantee is then taken over by the manufacturer and any claims must be made to them.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 5 working days of placing an Order and any deposit paid will be refunded in full unless the goods have been delivered to us upon which there may be a restocking charge.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to supply Goods by any agreed completion date.
11 FORCE MAJEURE
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, and the party shall be entitled to a reasonable extension of its obligations.
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 severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with English Law, and the parties hereby submit to the exclusive jurisdiction of the United Kingdom courts.