Legal Terms and Conditions
1. Application
All business accepted by Essex Electrical Wholesalers (Braintree) Ltd
(the seller) is subject to the following terms which shall be incorporated
in and shall constitute the whole of the agreement between the seller
and you (the buyer) as the date of despatch of the contract goods from
our premises to the exclusion of all other agreements (whether written
or oral) or documents passing between the parties prior to such date.
2. Price and payment
We are unable to accept an order until payment is made in full. Prices
shown on our web site do not form either in part, or in full, a contractual
agreement until delivery (acceptance of) is made. We reserve the right
to update our prices without prior notice.
3. Delivery and title
Unless specified otherwise, we will deliver goods
in accordance with your order. We reserve the right to charge carriage
for orders under
a specified value of £150.00 (ex Vat) or those defined by the seller
as requiring special packaging requirements. A valid signature will be
required on collection or delivery. Title of the goods will pass to the
buyer once goods are despatched from our registered address. If you do
not receive your goods within 5 working days, the buyer will notify the
seller immediately.
If the buyer refuses deliveries or the buyer has not made suitable provisions
to accept goods the seller reserves the right to recover additional charges
such as carriage or administration from the buyer.
4. Liability
The seller shall be under no liability in respect of any
defect arising from fair wear and tear, willful damage, negligence,
abnormal working conditions, failure to follow the seller instructions
(written
or oral), misuse or alteration or repair of the goods without the sellers
permission.
5. Defective goods
The seller is not a manufacturer. The buyer shall
indemnify the seller against all cost incurred by the seller in connection
with warranty claims rejected by the manufacturer.
The seller shall not be liable under this agreement or in any other
way for any loss of profit, consequential loss or damage whatsoever arising
by acts of omission of the seller or defects in goods sold by the seller.
Where despite the terms of these conditions the seller is liable to
the buyer or any third party for damages in excess of the price of the
goods or services complained, the buyer shall indemnify the seller against
its liability to pay any such excess.
6. Breakages and damages
The buyer is required to inspect goods for
shortages and damage at the time of delivery. Claims in respect thereof
will not be accepted where the buyer (or anyone apparently having its
authority to do so) has signed a delivery note accepting the quality
and condition of the goods. Claims for shortages, defects or damage
in other respects must be made in writing within three days from receipt
of goods.
7. Returns
Goods must not be returned without the seller’s
written consent. If such consent is given the goods may be returned
provided
that it is at the buyers expense and risk, and the goods are received
back by the seller in original condition. Request for goods to be returned
must be made in writing within 14 days of the original delivery.
8. Force majeure
The seller shall have no liability in respect of any
failure or delay in supplying goods and any part thereof to the extent
that fulfillment thereof is prevented, frustrated, impeded and/or delayed,
or rendered uneconomic as a consequence of any circumstances or event
beyond the sellers reasonable control including cancellation or delay
of goods from the third party.
9. V.A.T
All prices are subject to VAT at 17.5% (subject to
changes in taxation)
10.Design and representation
Essex Electrical Wholesalers (Braintree)
Ltd, reserve the right to modify or change products without prior notification.
11. General
The information, construction and performance of the agreement
and these terms of sale shall be governed in all respects by English
Law.
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