All goods are supplied by us subject to these Conditions, which supersede any earlier sets of Conditions appearing in our catalogues or elsewhere and which shall override any terms of conditions stipulated, incorporated or referred to by the Buyer, whether in the order or in any negotiations.
The relaxation or waiver by us of any of these Conditions on any occasion shall act merely as a waiver on that occasion and shall not affect our right to enforce any of these Conditions on any subsequent occasion.
Any variation of these Conditions must be confirmed in writing by us and will not otherwise be valid.
No order shall be deemed to have been accepted by us unless it is accepted by us in writing.
Any description given by us of the goods is given by way of identification only and the use of such description shall not constitute the contract a sale by description.
Any quotation, if not previously withdrawn, will hold good for any order made pursuant to it within thirty days of its date. Subject to this, all orders are accepted for execution at prices current at the date of dispatch. Listed prices are subject to change or withdrawal without notice.
All prices are shown in £s sterling and exclude VAT at the applicable current rates.
No discounts will apply other than those set out in our standard price list.
Terms of payment are strictly, debit/credit card with order unless a credit account has been established with us.
Where a credit account has been established with us, payment must be made for each instalment of goods delivered within 30 days from the date of invoice (whether the goods delivered are the whole or only part of the goods ordered). We reserve the right at our complete discretion to refuse to establish a credit account for any Buyer, to refuse credit to any Buyer notwithstanding that a credit account may already have been established and to withdraw established credit account facilities. Without prejudice to our other rights, interest at 2½ per cent per calendar month (running from day to day) shall be payable on any payment which is overdue until actual payment.
In the event of cancellation of this order we reserve the right without prejudice to charge up to 100% of the selling price for stock held by us pending shipment, and up to 50% for the remaining balance. We may also impose a back billing charge for part cancellation if the reduction in quantity radically affects the pricing structure.
No goods will be accepted back without firstly receiving an authorised Returns Number.
No contract shall be invalidated because of printing or clerical errors.
Any time or date quoted by us for delivery is given and intended as an estimate only. Whilst every endeavour will be made to meet an estimated time of delivery, we shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.
Non-delivery within 4 days of the date of dispatch must be reported immediately in writing to us and to the carriers.
We will replace free of charge goods damaged or lost in transit provided the Buyer gives us written notification of such damage or loss within three days after delivery and time shall be of the essence.
When the Buyer examines the goods before delivery is effected, he shall have no further right to inspect upon arrival, other than to notify us of any loss or damage in transit.
When the goods are delivered to the Buyer without previous examination by him, he shall inspect them immediately on arrival and shall within 7 days from such inspection give written notice to us of any matter or thing by reason of which he may allege that the goods are not in accordance with the contract. If the Buyer shall fail to give such notice the goods shall be deemed to be in all respects of accordance with the contract. If the Buyer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for them accordingly.
10. OWNERSHIP AND RISK
Until the Buyer makes payment in full for the goods he shall at all times keep them in his possession and control and shall not remove them from the United Kingdom without our consent and will not sell or otherwise dispose of or deal with the goods.
Upon payment by the Buyer for the goods in full (together with any interest payable) the property in the goods shall pass to the Buyer but until such time the goods shall remain our sole property and the Buyer shall be a mere bailee thereof . As from time of the delivery of the goods to the Buyer the risk of any loss or damage to the goods from whatever cause arising shall be borne by the Buyer.
11. MARKS AND NUMBERS
The Buyer shall not remove, alter or otherwise interfere with the marks or numbers on any goods supplied by us.
If the Buyer makes default in any payment on the due date (time being of the essence) or is otherwise in breach of any of these terms, or if (being an individual) he commits an act of bankruptcy or has a receiving order made against him or (being a company) enters into liquidation (whether compulsory or voluntary) or has a receiver or manager appointed of the whole or any part of its business or undertaking, or if distress or execution is levied or threatened upon any of the Buyer’s property, then in any such case (and without prejudice to any other rights we may have).
(I) we shall be entitled to repossess and re-sell goods delivered to the Buyer and not paid for in full and for that purpose to enter upon the property in which they are situated.
ii) we shall be entitled either to suspend all further deliveries to the Buyer until the default is made good or to refuse to deliver any further goods to the Buyer and to re-sell any further goods ordered by the Buyer whether they are the balance of an order or the whole of a further order).
iii) the Buyer shall in any event be liable to make good to us our loss of profit on all such goods and all costs and expenses of repossession, storage, insurance and sale and to pay to us interest as provided above until actual payment.
13. DEFECTIVE GOODS
If any goods are or become faulty or defective by reason only of the use of defective materials or faulty workmanship within a period of 90 days from the date of delivery, we will (at our option) either refund the price of such goods or replace or repair such goods provided that the Buyer shall have notified us in writing of the fault or defect in the goods and shall have returned the faulty or defective goods to us for inspection within a period of 90 days from the date of delivery.
Such liability is in place of any other conditions or warranties, express or implied, as to the quality or fitness for any purpose of the goods, and all such conditions and warranties, are to the extent permitted by law, hereby expressly excluded to the intent that, save as provided above, we shall no liability to the Buyer or to any third part in respect of any loss of or defect in the goods supplied or in respect of any personal injury or damage or loss of any kind, directly or indirectly attributable to faults or defects in such goods, and the Buyer will indemnify us against any such claims.
All semiconductors are covered by their respective manufacturer’s warranty and should be subject to a batch check before use or installation into equipment.
In the event of the Buyer’s insolvency we shall be entitled (in addition to any lien arising by law) to a general lien on all the Buyer’s goods in our possession (although the same or some of them may have been paid for) for any money due either in respect of such goods or in respect of any general or particular balance or other money due from the Buyer to us, whether under the same or any other order.
15. TERMINATION OF LIABILITY
We shall be relieved of all liability for obligations incurred to the Buyer whenever, and to the extent to which, the fulfillment of such obligation is prevented, frustrated or impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority or by reason of any strikes, combination of workmen, lockouts, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond our control.
These Conditions and the contract and all matters pertaining thereto shall be governed by English law, and the English Courts shall have jurisdiction in relation thereto.
17. DISPENSERS Dispensers are chargeable and subject to standard conditions unless offered on a free on loan (f.o.l.) basis. Free on loan dispensers remain the property of the supplier, and are solely loaned for the purpose of dispensing products bought from the supplier. Sales of relevant product(s) will be monitored, and should the same diminish or cease, the right to charge for, or demand return of all or part of (f.o.l.) dispensers supplied, may be administered.
The purpose of this statement is to explain to you what personal information we collect and how we may use it.
1. Kerr & Noble is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.
2. When you order, we need to know your name, address, email address and card details. This allows us to process and fulfill your order. You have the option to withhold personal information that is not required for the order process.
3. We use your personal information solely for payment and billing purposes. We will only contact you with your consent.
4. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.
5. We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorized access in accordance with the UK data protection legislation. We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by sending an email to email@example.com. We use a technology called “cookies” as part of a normal business procedure to track patterns of behavior of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
6. In order to process payment transactions, the bank or card processing agency may require to verify your personal details for authorization outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.
7. If you have any questions about privacy please contact us on 01708 456213