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Terms and conditions of use
1. INTERPRETATI0N
(A) In these Conditions: -
“Buyer” means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
“Goods” mean the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
“Seller” means Uk-Infinity Ltd T/A 2020PPE. Registered in England under the number 07318282
“Conditions” mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Buyer and a Director of the Seller.
“Contract” means the contract for the purchase and sale of the Goods.
“Writing” includes telex, cable, facsimile transmission and comparable means of communication.
(B) Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
(C) The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE:
(A) No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and a Director of the Seller.
(B) The Buyer acknowledges that it has not relied on, and waives any claim for breach of, any representations made by the Seller or its employees or agents.
(C) Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer’s own risk.
(D) Any typographical, clerical, or other error or omission in any sales literature, quotation, acceptance of order, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.ORDERS AND SPECIFICATIONS:
(A) No order submitted by the Buyer shall be deemed to be accepted until confirmed in Writing by the Seller.
(B) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer.
(C) The quantity, quality and description of any specification for the Goods shall be those set out in the Seller’s quotation or the Seller’s written order confirmation whichever is the latter, provided that all sizes and thickness of materials stipulated in said specification shall be approximate only.
(D) If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which result from the Seller’s use of the Buyer’s specification.
(E) The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
(F) No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4.PRICE OF THE GOODS:
(A) The price of the Goods shall be the Seller’s quoted price.
(B) The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
The price is exclusive of any applicable current value added tax, which the Buyer shall be additionally liable to pay to the Seller.
5. PAYMENT:
(A) Payment must be made in advance. We accept all major credit cards including MasterCard, Visa and debit cards & PayPal.
6. WARRANTIES AND LIABILITY:
(A) Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(B) Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) order 1976) the statutory rights of the Buyer are not affected by these Conditions.
(C) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (other than due to damage suffered during transit) or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within one week from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery but not later than 1 months after delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
(D) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
(E) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer due to any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
(F) The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract due to any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control, which shall include (without limitation) any:-
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) war or threat of war, sabotage, insurrection, civil disturbances or requisitions:
(iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
(iv) import or export regulations or embargoes;
(v) strikes, lock-out or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
(vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(vii) power failure or breakdown in machinery.
7 .BUYER’S INDEMNITY:
The Buyer hereby indemnifies the Seller and undertakes to keep the Seller indemnified.
(A) against all costs, charges, liabilities or expenses including legal costs, reasonably incurred by the Seller in exercising any of its rights contained in these Conditions.
(B) in respect of any claim which may be made against the Seller under Section 6 of the Health and Safety at Work Act 1974 or any equivalent safety legislation outside the United Kingdom except where such claim arises as a result of the Seller’s proven negligence.
8. GENERAL:
(A) Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
(B) No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
(C) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
(D) The Contract shall be governed by the laws of England and the Seller and the Buyer hereby submit themselves to the non-exclusive jurisdiction of the Courts of England and Wales.
9. BUSINESS TO BUSINESS:
(A) Products and services on this web site are promoted exclusively to business customers and by ordering on this web site we are assuming you satisfy this criteria.
10. Arbortec Facebook Promotion:
A) Products included in this promotion are for Type A and Type C chainsaw trousers only
B) Free T-Shirt will be posted together with the trousers once printing is complete
C) Returns of trousers with this promotion will require payment of delivery as per our usual returns policy and for the additional payment, of the T-Shirt as these items cannot be returned.
D) Contact will be made to to obtain information for the T-Shirt regarding size, colour and your company name or logo, this information is required to proceed with the purchase, any delay in obtaining this detail will delay the processing of your order.
E) Logos sent via email will need to in a format that can be processed by our editing software, PNG,TIFF & GIF of a high quality will ensure your design looks great.
F) Promotion ends 30.09.24 at 23.59