TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF PURCHASE
ON LINE TERMS AND CONDITIONS OF SALE, DELIVERY AND RETURNS POLICIES
PRODUCT WARRANTY POLICY
SERVICEWISE EXTENDED WARRANTY CONTRACT
TERMS AND CONDITIONS OF SALE
1. GENERAL
1.1 These Terms and Conditions (the “Conditions") constitute the only conditions on which Stuart Turner Limited ("the Company") is willing to supply goods (the “Goods") to any person to or with whom a quotation, confirmation of order or contract is addressed or made or from whom an order is received (the “Customer"). The Conditions shall prevail over any terms and conditions in the Customer's order or other document issued by him, except where specifically agreed to by the Company in writing. No employee or agent of the Company has any authority to alter, vary or waive the Conditions in any way unless expressly authorised in writing by a Director of the Company.
1.2 No employee or agent of the Company has any authority to make or give any representation or warranty in relation to the Goods unless confirmed by the Company in writing. The Customer should make his own independent enquiries as to suitability of the Goods for any specified use or purpose.
1.3 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer's own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
1.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, invoice or other document or information issued by the Company shall be subject to correction by it without any liability on its part.
1.5 No variation to these Conditions will be binding unless agreed in writing by a Director with the Customer.
1.6 Orders given by the Customer in respect of quotations are not binding on the Company until they have been accepted in writing by the Company’s authorised representative.
1.7 The headings in these Conditions are for ease of reference and shall not affect interpretation.
2. ORDERS and PRICES
2.1 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
2.2 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Company’s quotation or, if accepted by the Company, the Customer’s order. CSF020-1 (Ref DP G002)
2.3 If the Goods are to be manufactured, assembled or configured with other Goods (or goods supplied by the Customer) or any process is to be applied to the Goods by the Company, in accordance with any specifications or instructions of the Customer, the Customer shall indemnify the Company against all loss, damage, costs, expense and liability incurred by or awarded against or agreed to be paid by the Company in connection with or in settlement of any claim (a) relating to the safety or suitability of the combined Goods/goods or (b) for infringement of any copyright, patent or other intellectual property right of any third party, resulting directly or indirectly or as a consequence of the use by the Company of the Customer’s specification or following the Customer’s instructions.
2.4 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
2.5 No order which has been accepted by the Company may be cancelled by the Customer except with the written agreement of the Company and on terms that the Customer shall indemnify the Company 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 Company as a result of cancellation.
2.6 Although the Company will make every effort to maintain prices quoted, it reserves the right to vary prices without notice and to invoice the Goods at the prices current on the date of despatch.
2.7 All prices are ex works (unless otherwise agreed in writing) and exclusive of any applicable value added tax, other sales tax or import duty which the Customer shall be additionally liable to pay to the Company.
3. PAYMENT
3.1 The Company may invoice the Customer for the Goods on or at any time after the completion of delivery or collection by the Customer.
3.2 The Customer shall pay each invoice submitted by the Company:
3.2.1 within 30 days of the end date of the month of the date of the invoice;
3.2.2 in full and in cleared funds to a bank account nominated in writing by the Company; and
3.2.3 time for payment shall be of the essence of the Contract.
3.3 If the Customer is a consumer, and the Customer fails to make a payment due to the Company under the Contract by the due date, then, without limiting the Company’s remedy under clause 3.6, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
3.4 If the Customer is a business customer, the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 (Late Payment Act) (including any amendment, modification or re-enactment from time to time) (the “Act”), shall apply to sums paid by the Customer where applicable. In relation to any payments not covered by the Act, the Customer shall pay interest on the overdue sums in accordance with clause 3.3.
3.5 If the Customer is a business customer, the Customer agrees to indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with the Customer’s breach of clause 3.2.
3.6 Without limiting its other rights or remedies, the Company may terminate the Contract with immediate effect, suspend any further deliveries and/or collection of orders and refuse to take any further orders from the Customer by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
3.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
3.8 All amounts to the Company by the Customer under this agreement shall become immediately due and payable on termination of this agreement for any reason. This clause 3.8 is without prejudice to any right to claim for interest under the law or under this agreement.
4. DELIVERY
4.1 Delivery of the Goods shall be made by the Customer collecting or arranging collection of the Goods from the Company's premises at any time after the Company has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place.
4.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
4.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with the Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
4.4 If the Company fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, and the Company is accordingly liable to the Customer, the Company’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
4.5 If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then, without limiting any other right or remedy available to the Company, the Company may:
4.5.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
4.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
5. PASSING OF RISK AND PROPERTY
5.1 Risk of damage to or loss of the Goods shall pass to the Customer:
5.1.1 in the case of Goods to be delivered at the Company's premises, at the time when the Company notifies the Customer that the Goods are available for collection; or
5.1.2 in the case of Goods to be delivered otherwise than at the Company's premises, at the time of delivery (being arrival but before unloading) or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
5.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
5.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified at the Company's property. Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Company for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any money or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
5.4 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so immediately, to enter upon any vehicles or premises of the Customer or any third party where the Goods are stored and repossess the Goods. CSF020-1 (Ref DP G002)
5.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) become due and payable immediately.
6. WARRANTY
6.1 Subject to the following provisions the Company warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for the Applicable Warranty Period from delivery. The “Applicable Warranty Period” is stated in the installation booklet supplied with the Goods or can be confirmed by the Company, on request.
6.2 The above warranty is given by the Company subject to the following conditions:
6.2.1 the Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer;
6.2.2 the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), incorrect installation, misuse or alteration or repair of the Goods without the Company’s approval;
6.2.3 the Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment; 6.2.4the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company and which is capable of assignment.
6.3 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.
7. INSPECTION AND LIABILITY
7.1 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection at the time of delivery) within the warranty period offered with the Goods, or when the defect ought reasonably to have become apparent, whichever occurs last. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.2 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 Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.
7.3 Subject to the other provisions of this clause, to the extent that it has any liability, the Company’s liability for direct loss and damage and loss of or damage to the tangible property of the Customer caused directly by the negligence of the Company shall be subject to to a limit of £5,000 per claim or series of connected claims and an aggregate limit of £50,000 in any 12 month rolling period.
7.4 Except in respect of liability for death or personal injury caused by the Company's negligence or for fraudulent misrepresentation, which shall be unlimited, the Company shall not be liable to the Customer by reason of 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 loss of profit, contracts, revenue or goodwill or for any indirect or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their resale by the Customer.
7.5 The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company's reasonable control (“force majeure”). Force majeure includes but is not limited to Act of God, explosion, flood tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or a third party);difficulties in obtaining raw materials, labour, fuel, parts or machinery; or power failure or breakdown in machinery. If the force majeure prevails for three months or more, either party may terminate this Contract by notice to the other, without any liability, other than liability accrued up to that point.
8. INSOLVENCY OF THE CUSTOMER
8.1 If the Customer:
8.1.1 has a receiver or liquidator appointed to any of its property or business undertaking or has a petition for an administration order in respect of its property or business undertaking presented to the High Court; or
8.1.2 announces that it is ceasing or threatens to cease or actually ceases to trade; or
8.1.3 suspends or fails to make payment of debts when due or notifies any of its creditors that it is unable to meet its debts or that it is about to suspend payment of its debts; or
8.1.4 convenes, calls or holds a meeting of creditors; or
8.1.5 being an individual, is the subject of a bankruptcy petition or is adjudicated bankrupt or makes any composition or scheme of arrangement with his creditors; or
8.1.6 being a body corporate convenes, calls or holds any meeting for the purpose of going into liquidation other than for the purpose of reconstruction or amalgamation by the making of an order or the passing of a resolution for winding up, then the provisions of Clauses 8.2 and 8.3 shall apply.
8.2 Where clause 8.1 applies, notwithstanding any previous arrangements with the Customer for deferred payments the full remaining price for any Goods delivered by the Company shall become immediately due to it.
8.3 Where clause 8.1 applies, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9. CONSUMER RIGHTS
Nothing in any of the Conditions shall affect the statutory rights of a consumer.
10. GENERAL
10.1 Any notice required or permitted to be given by either party to the other under the 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. Postal notices shall take effect two working days after posting by first class pre paid post. Hand delivered and fax notices shall be effective on delivery, provided that, in the case of a fax notice, a transmission report for the complete message to a then current number of the recipient can be produced.
10.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 If any provision of the Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected thereby.
10.4 All Contracts shall be governed by English law and any dispute arising under or in connection with the Conditions, any Contract or the sale of the Goods shall be referred to the English Courts.
TERMS AND CONDITIONS OF PURCHASE
1. GENERAL
1.1 These Terms and Conditions (the “Conditions") constitute the only conditions on which Stuart Turner Limited (the “Company") is willing to receive goods or services ("the Goods") from any person (the “Supplier"). The Conditions shall prevail over any terms and conditions issued by the Supplier except where specifically agreed to by the Company in writing. No employee or agent of the Company has any authority to alter, vary or waive the Conditions in any way unless expressly authorised in writing by a Director of the Company.
1.2 All Goods ordered on behalf of the Company must be ordered on a numbered purchase order issued by the Company and signed by the Company's buyer.
1.3 The Company’s purchase order constitutes an offer by the Company to purchase the Goods subject to these Conditions. Accordingly, any acceptance of the purchase order by the Supplier establishes a contract for the sale and purchase of those goods on these Conditions. Any counter offer to supply the Goods on other terms will be invalid.
1.4 The acknowledgement of the Company’s purchase order or the Supplier’s execution, commencement of work or delivery or allocation of Goods constitutes acceptance of the purchase order on these conditions by the Supplier.
1.5 No variation to these Conditions shall be binding unless agreed in writing by a Director of the Company.
1.6 The headings in these Conditions are for ease of reference and shall not affect interpretation.
2. PRICES
Prices will be as stated on the Company's purchase order and shall be fixed, except that if the Supplier quotes or offers to a third party lower prices or better terms for similar Goods or quantities, the Company shall be entitled to purchase Goods on those terms and shall receive a refund in respect of any excess price previously paid for Goods after such quotation was first given or such supply first made. All prices are inclusive of delivery, packaging, packing, shipping, carriage, insurance and other charges and dues.
3. PAYMENT
3.1 Unless payment terms have previously been agreed in writing between the Company and the Supplier, payment for the Goods will be on the last day of the second month following the month of invoicing, with invoicing only occurring after the Goods have been delivered...
3.2 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount at any time owing to it by the Supplier against any amount payable by it to the Supplier under the Contract.
4. INSPECTION AND TESTING
4.1 The Supplier shall carefully test and inspect the Goods and all components before delivery, to ensure that they comply with the requirements of the purchase order and, if requested, will, at its own cost, issue to the Company test certificates for Goods and components at all or any stage of manufacture or assembly.
5. DELIVERY
5.1 The Supplier will deliver the Goods to the Company as stated on the Company's purchase order, properly packed and secured to enable the Goods to arrive in good condition. Time of delivery shall be of the essence. The Goods shall be delivered carriage and insurance free to the place of delivery specified by the Company (in the purchase order or elsewhere). Any Goods rejected as not conforming with the purchase order shall be returned at the Supplier’s risk and expense.
5.2 The Supplier recognises that late delivery may cause the Company direct or consequential loss and damage and shall indemnify the Company for all such loss and damage, as notified to the Supplier.
5.3 Advice notes, showing the Company's order/item number and fully describing the contents, must accompany the Goods. Unless the Company agrees otherwise in writing, the Supplier shall deliver the exact specified quantities of Goods. Without prejudice to other rights and remedies, the Customer can reject incomplete deliveries or return excess quantities of Goods at the Supplier’s risk and expense.
5.4 If any delivery date specified by the Company cannot be met, the Company may cancel the Contract in whole or in part (without incurring any liability to the Supplier), purchase alternative Goods elsewhere and hold the Supplier accountable for any loss and additional cost or expense incurred.
6. PASSING OF PROPERTY AND RISK
The property and risk in the Goods shall pass from the Supplier upon delivery to the Company but without prejudice to any right of rejection.The Supplier shall off-load the Goods at its own risk, as directed by the Company.
7. CANCELLATION
The Company shall be entitled to cancel any purchase order at any time by giving written notice to the Supplier. If the Company exercises this right of cancellation it shall be bound to pay a reasonable price for any work already completed (less any cost saving achieveable by the Supplier) but shall otherwise be free from liability.
8. INDEMNITY
The Supplier shall indemnify and keep the Company fully and effectively indemnified against:
8.1 any claims for infringement of any copyright, patent registered or unregistered design, trademark or trade name and any other intellectual property right by reason of the possession, use, marketing or sale of the Goods supplied, and against all costs and damages which the Company may incur in any action for such infringement or for which the Company may become liable in such action; and
8.2 any royalties payable;
8.3 any claim in contract or tort or otherwise;
8.4 for any direct, indirect or consequential loss, damage, liabilities, expenses or costs (including but not limited to loss of profits, loss of business, revenue, contracts or goodwill) relating to damage to property or death or injury or loss to any person, firm or company or to any defective workmanship, quality of materials or components used in the Goods or defect in the Goods or any components;
8.5 any loss of profit or production arising out of, or occasioned by, any error in design or drawings or any defects in or failure of the Goods or part thereof or work performed by the Supplier or occasioned by reason of any act or omission by him or any sub-contractor; and
8.6 any claim made against the Company in respect of any liability, loss, damage, injury, cost or expense sustained by the Company’s employees or agents or by any customer or third party (“Loss”), to the extent that such Loss was caused by, relates to or arises from the Goods as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance of the Contract by the Supplier.
9. WARRANTY
9.1 It shall be a condition of the contract that the Goods comply in all respect with the Company's purchase order and with any statements or undertakings made by the Supplier, or his employees or agents, prior to the giving of the order.
9.2 The Supplier warrants that the Goods will comply with their description, be of satisfactory quality and fit for purpose, will comply with all samples, drawings and specifications and will be free from all defects in materials, workmanship and (where applicable), installation.
9.3 The Supplier undertakes that all Goods and services supplied by him shall be of first class quality and recognises that the Company has placed the order relying upon the skill and expertise of the Supplier and any statements and representations made by him.
9.4 If the Goods (or any of them) supplied shall be defective upon delivery or shall prove to be defective within 12 months of delivery (or any longer period that the Company may require the Supplier to warrant the Goods) then the Company may call upon the Supplier (but without prejudice to the Company's other rights) to rectify the defects or replace the Goods (at the Company's option) at the Supplier's own expense.
9.5 All the obligations in this condition shall further apply to any such rectified or replacement Goods.
10. CONFIDENTIALITY
10.1 The Supplier shall hold as confidential all information, details, specifications,drawings and any other matter relating to the Goods and the Company in any way and shall not disclose all or any of the same to any other person except such of his employees and permitted sub-contractors as may be necessary for the performance of his obligations under the Contract, subject to an obligation of confidentiality. This obligation of confidentiality shall continue during every Contract and for a period of ten years following the ending of the last Contract between or involving the Company and the Supplier.
10.2 All documents and drawings containing such information and any copies thereof shall upon completion of the Contract or its termination for any reason be returned to the Company.
11. TERMINATION
11.1 Without prejudice to any other rights and remedies of the Company, the Company may terminate the Contract without liability to the Supplier, by giving written notice, if:
(a) The ability of the Company to accept delivery of the goods is delayed, hindered or prevented by circumstances beyond its reasonable control; or
(b) The Supplier commits any breach of its obligations under the Contract and fails to remedy that breach within 14 days of receiving written notice from the Company requiring its remedy; or
(c) An order is made or a resolution is passed for the winding up of the Supplier or circumstances arise which entitle a court to make a winding up order in relation to the Supplier; or
(d) An order is made for the appointment of an administrator to manage the affairs, business or property of the Supplier or a court application is made to appoint an administrator of the Supplier or any notice of intention to appoint an administrator is given by the supplier or any third party; or
(e) A receiver is appointed of any of the Supplier’s assets or undertaking, or the right to do so arises, or if any person takes possession of or sells any of the Supplier’s assets; or
(f) The supplier makes an arrangement or composition with its creditors or applies to court for protection from creditors or becomes bankrupt; or
(g) The Supplier threatens to cease or ceases to trade; or
(h) There is any change in control of the Supplier (as defined in section 840 of the Income and Corporation Taxes Act 1988); or
(i) The Supplier takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
11.2 Termination of the Contract, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly or impliedly intended to survive termination.
11.3 On termination, the Company shall have the option (but not the obligation) to buy all or any of the stocks of finished Goods and any components then held by the Supplier at cost, by giving written notice to the Supplier.
12. GENERAL
12.1 The Company shall be entitled to make reasonable visits to any or all of the Supplier’s (or its sub-contractor’s) premises for the purpose of inspecting work in progress and shall give not less than 48 hours’ notice in writing of such visits.
12.2 Any notice required or permitted to be given by either party to the other under the 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 notice. Postal notices shall take effect two working days after posting by first class pre paid post. Hand delivered and fax notices shall be effective on delivery, provided that, in the case of a fax notice, a transmission report for the complete message to a then current number of the recipient can be produced.
12.3 No waiver by the Company of any breach of the Contract by the Supplier shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.4 The Company may defer the date of delivery or payment, or cancel the Contract or reduce the volume of Goods ordered, if it is prevented from or delayed in carrying on its business by acts, events, omissions, accidents or circumstances beyond its reasonable control.
12.5 The Supplier shall not, without the prior written consent of the Company, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. The Company may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
12.6 Any Contract is made for the benefit of the parties to it and is not intended to benefit or be enforceable by anyone else.
12.7 If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected thereby.
12.8 All Contracts shall be governed by English law and any dispute arising under or in connection with the Conditions, any Contract or the sale of the Goods shall be referred to the English Courts.
ON LINE TERMS AND CONDITIONS OF SALE, DELIVERY AND RETURNS POLICIES
1. ABOUT US
Company details - We are Stuart Turner Limited, a company registered in England and Wales, with company number 00088368. Our company details are set out in section 21 'Our Company Details'.
Contacting us - You can contact us using the contact details set out in section 22 “Contact us”. How to give us formal notice of any matter in relation to your order is set out in section 20 'Communications between us'.
Information about us and our products - You can find everything you need to know about us and our products on our website, or from our Customer Service Team before you make an order.
2. OUR CONTRACT WITH YOU
2.1 In these terms and conditions:
2.1.1 “we” means Stuart Turner Limited;
2.1.2 “you” means our customer or prospective customer; and
2.1.3 “us”, “our” and “your” should be construed accordingly.
2.2 These terms and conditions apply to the sale and purchase of products through our website.
2.3 These terms may have changed since you last reviewed them.
2.4 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2.5 These terms and conditions apply to both consumers and business customers. If you are a consumer, this document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.6 If you are a business customer, these terms and conditions, including our Delivery Policy and Returns Policy, constitute the entire agreement between us in relation to your order. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.7 Please note that some sections of these terms and conditions only apply if you offer to contract with us, or contract with us, as a consumer and some sections only apply if you offer to contract with us, or contract with us as a business customer. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a consumer if you are an individual acting wholly or mainly outside your trade, business, craft or profession and you are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
3. ORDER PROCESS
3.1 Placing your order - Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the products specified in the order subject to these terms and conditions. You can make a purchase via our website by following the steps below:
3.1.1 You must add the products you wish to purchase to your shopping cart and then proceed to the checkout.
3.1.2 You may checkout as a guest, in which case your details are only stored in relation to supporting the transaction.
3.1.3 If you are a business customer, you have the option to create an ‘Installer Club Membership Account’ or enter your existing log in details prior to proceeding.
3.1.4 You must then enter your contact details, billing and delivery address before being transferred to our payment service provider’s website and our payment service provider will handle your payment.
3.1.5 We will then send you an order confirmation to let you know that we have received your order and usually, within 48 hours, we will confirm that your order has been accepted or that we are unable to meet your order (as detailed below).
3.2 Correcting input errors - Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Order confirmation - After you place an order, we contact you to confirm we've received your order but please note that this does not mean that your order has been accepted.
3.4 Accepting your order - Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence.
3.5 If we cannot accept your order - If we are unable to supply you with the products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
4. PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.
4.2 We have made every effort to be as accurate as possible, however all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.3 The packaging of your products may vary from the images shown on our website.
4.4 In some circumstances, we may be able to change the products in accordance with section 12 “We can change products and these terms”.
4.5 If you are a business customer, we reserve the right to amend the specification of the products if required by any applicable statutory or regulatory requirement.
5. DELIVERY, TRANSFER OF RISK AND TITLE
5.1 Our policies and procedures relating to the delivery of products are set out in our Delivery Policy.
5.2 We will arrange for the products you purchase to be delivered to the address for delivery set out in your order.
5.3 We will contact you with an estimated delivery date, which will be within 30 days following the date on which we email you to confirm our acceptance of your order or we receive payment, whichever is later. Occasionally our delivery to you may be affected by an event outside our control. See section 15 “Events outside our control” for our responsibilities when this happens.
5.4 Delivery is complete once the products have been unloaded at the address for delivery set out in your order and the products will be at your risk from that time.
5.5 You own the products once we have received payment in full, including of all applicable delivery charges. If you are a business customer, until you own the products, you must store the product separately from other goods and ensure that the product is clearly identifiable as belonging to us.
5.6 If we fail to deliver the products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the products. However, we will not be liable to the extent that any failure to deliver was caused by an event outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5.7 If you fail to take delivery within 14 days after the day on which we notified you that the products were ready for delivery, we may resell part of, or all the products and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the products or charge you for any shortfall below the price of the products.
5.8 If you are a business customer and we deliver up to and including 5% more or less than the quantity of products ordered, you may not reject the delivery, but on receipt of notice from you that the wrong quantity of products was delivered, we shall make a pro rata adjustment to the invoice for the products.
6. INTERNATIONAL DELIVERY
6.1 We will only deliver products to addresses on the UK mainland. Unfortunately, we do not deliver to addresses outside the UK. You may only place an order for products from outside the UK, but this order must be for delivery to an address in the UK.
6.2 In limited circumstances, we may agree to deliver to addresses outside the UK in accordance with our Delivery Policy. However for delivery to addresses outside of the UK, please note that:
6.2.1 your order may be subject to import duties and taxes which are applied when the delivery reaches that destination;
6.2.2 we have no control over these charges and we cannot predict their amount;
6.2.3 you will be responsible for payment of any such import duties and taxes;
6.2.4 you will need to contact your local customs office for further information before placing your order;
6.2.5 you must comply with all applicable laws and regulations of the country for which the products are destined; and
6.2.6 we will not be liable or responsible if you break any such law.
7. PRICES
7.1 The prices of our products will be as quoted on our website at the time you submit your order. We take reasonable care to ensure that the prices of our products are correct at the time when the relevant information was entered onto the system. However, please see section 7.5 for what happens if we discover an error in the price of the products you ordered.
7.2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
7.3 All amounts stated in these terms and conditions or on our website are exclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
7.4 The price of the products includes delivery charges. Our delivery charges (if applicable) are advised to you during the check-out process before you confirm your order.
7.5 We sell many products through our website. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
7.5.1 where the products’ correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you; and
7.5.2 if the products’ correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the products and refund you any sums you have paid.
8. HOW TO PAY
8.1 When we charge you
8.1.1 We charge you when you place your order. Payment for the products and all applicable delivery charges are in advance.
8.1.2 You will own the goods once we have received payment in full.
8.1.3 You can only pay for the products using the permitted payment methods specified on our website from time to time.
8.1.4 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.2 We charge interest on late payments
8.2.1 If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
8.3 We charge you if you don't give us information we need or do preparatory work as agreed with us
8.3.1 We charge you additional sums if you don't give us information, we've asked for about how we can access your property for delivery, installation or to provide services or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver your goods.
9. RETURN AND REFUND
9.1 You may cancel your order and receive a refund, if you notify us as set out in section 9.2 “How to cancel your order” within 30 days following the date of dispatch of your order.
9.2 How to cancel your order - To cancel your order, you must email us at [email protected] or contact our Customer Services team by telephone on 01491 572 655 or by post to “Stuart Turner Ltd, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD”. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
9.3 Returning you order
9.3.1 If products have been delivered to you before you decide to cancel the contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.
9.3.2 To return the products, you need to email us at [email protected] or contact our Customer Services team by telephone on 01491 572 655 or by post to “Stuart Turner Ltd, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD” to obtain a return authorisation number.
9.3.3 All products must be returned directly to “Stuart Turner Ltd, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD”. In some cases, we may request that products are returned using Signed for Delivery only. We do not accept any other returns methods unless expressly agreed with us.
9.3.4 You must provide the authorisation number when returning the item. If you are sending it back to us via post, you must include a covering note quoting that number.
9.3.5 You will be responsible for paying postage costs associated with returns under this policy.
9.3.6 If we have offered to collect the products from you, we will collect the products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
9.3.7 If you have returned the products to us under this section 9 because they are faulty or mis-described, we will refund the price of the products and will refund you on the credit card or debit card used by you to pay.
9.3.8 For further details regarding returns, please see our Returns Policy. All orders placed by you are subject to this policy.
9.4 For consumers, please also see your rights in section 10 “Consumers - changing your mind”.
10. CONSUMERS - CHANGING YOUR MIND
10.1 This section 10 applies to consumers only. If you are a consumer, you also have a legal right to change your mind.
10.2 Your legal right to change your mind - For most of our products, you have 14 days to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
10.3 The deadline for changing your mind - If you change your mind about a product, you must let us know no later than 14 days after the day, we deliver your product. If the products are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the products are split into several deliveries over different days, the period runs from the day after the last delivery.
10.4 How to let us know - To let us know you want to change your mind, please see section 9.2 “How to cancel your order”.
10.5 You must return the product at your own cost - If you change your mind, you must return the products and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost unless we offered free returns when you bought the products. You can send the product back to us. For help with returns please see section 9 “Return and refund”.
10.6 We only refund standard delivery costs - We don't refund any extra you have paid for express delivery or delivery at a particular time.
10.7 We reduce your refund if you have used or damaged a product - If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: email [email protected] or call 01491 572 655 can advise you on whether we're likely to reduce your refund.
10.8 When and how we refund you - If your products haven't been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
10.9 You can end an on-going contract (find out how) - We tell you when and how you can end an on-going contract with us during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team: email [email protected] or call 01491 572 655.
11. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
11.1 Manufacturer's warranty - Some of the products we sell to you come with a manufacturer's warranty. For details of the applicable terms and conditions, please refer to the manufacturer's warranty provided with the products.
11.2 Return the product to us - If you think there is something wrong with your product, you must contact our Customer Service Team: email [email protected] or call 01491 572 655.
11.3 Your rights and remedies if you are a consumer - We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. For detailed information regarding your rights please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us set out in section 18 “Disputes”.
11.4 Your rights if you are a business - We warrant that on delivery, and for the warranty period specified by us on our website at the time of purchase (the “Product Warranty Period”), any products which are goods shall:
11.4.1 conform with their description;
11.4.2 be free from material defects in design, material and workmanship;
11.4.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
11.4.4 be fit for any purpose held out by us.
11.5 Your remedies if you are a business - Unless an exception applies if:
11.5.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see section 11.4 “Your rights if you are a business”);
11.5.2 we are given a reasonable opportunity of examining such product; and
11.5.3 you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
11.6 Exceptions to business customers’ warranty - We will not be liable for a product's failure to comply with the business customer warranty (see section 11.4 “Your rights if you are a business”) if:
11.6.1 you make any further use of such product after telling us it is non-compliant;
11.6.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
11.6.3 the defect arises because we followed any drawing, design or specification supplied by you;
11.6.4 you alter or repair the product without our written consent; or
11.6.5 the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12. WE CAN CHANGE PRODUCTS AND THESE TERMS
12.1 Changes we can always make - We can always change a product:
12.1.1 to reflect changes in relevant laws and regulatory requirements, for example some products might need to be changed or withdrawn from sale at short notice and may no longer be available on our website in order to comply with a regulatory requirement; and
12.1.2 to make minor technical adjustments and improvements, for example to address any technical issues with our products, for example, some products are designed to fit or connect together. These are changes that should not affect your use of the product.
12.2 Changes we can only make if we give you notice and an option to terminate - We can also make some changes to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team: email [email protected] or call 01491 572 655 to end the contract before the change takes effect and receive a refund for any products you've paid for in advance but won't receive. For example, if products are withdrawn from sale and no longer available, or if their functionality or specification is materially different to what was on our website when you placed an order.
13. WITHDRAWING PRODUCTS
13.1 We can withdraw products - We can stop providing a product on our website. If we do, we let you know in advance and we refund any sums you've paid in advance for products which won't be provided.
14. ENDING OUR CONTRACT WITH YOU
14.1 We can end our contract with you for a product and claim any compensation due to us if:
14.1.1 you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
14.1.2 you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.
14.2 We can also end our contract with business customers if:
14.2.1 you commit a material breach of any term of the contract;
14.2.2 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
14.2.3 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
14.3 If we end our contract with you under this section 14:
14.3.1 we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; and
14.3.2 you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).
14.4 Termination of the contract will not affect your or our rights and remedies that have accrued as at termination.
14.5 Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
15. EVENTS OUTSIDE OUR CONTROL
15.1 If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay.
15.2 If the delay is likely to be substantial, you can contact our Customer Service Team: email [email protected] or call 01491 572 655 to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
15.3 If you are a business customer, you may only cancel the contract affected by an event outside our control which has continued for more than 28 days. To cancel please contact our Customer Service Team: email [email protected] or call 01491 572 655.
16. LIMITATIONS AND EXCLUSIONS OF LIABILITY
16.1 We don't compensate you for all losses caused by us or our products - Whether you are a consumer or a business, we will not be responsible for your losses where the loss is:
16.1.1 Unexpected - It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
16.1.2 Caused by a delaying event outside our control - As long as we have taken the steps set out in the section 15 “Events outside our control”.
16.1.3 Avoidable - Something you could have avoided by taking reasonable action. For example, damage to your product by not following the instructions provided.
16.1.4 A business loss - Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in section 16.3 “Our liability to businesses”.
16.2 Our liability to consumers - If you're a consumer, then, except in respect of the losses described in section 16.4 “Losses we never limit or exclude”:
16.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of or damage to profits sales, business, revenue, corruption of data, information, production, anticipated savings, business, contracts, commercial opportunities or goodwill or any indirect or consequential loss arising under or in connection with any contract between us; and
16.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the relevant products under such contract.
16.3 Our liability to businesses - If you're a business, then, except in respect of the losses described in section 16.4 “Losses we never limit or exclude”:
16.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of or damage to profits sales. business, revenue, corruption of data, information, production, anticipated savings, business, contracts, commercial opportunities or goodwill or any indirect or consequential loss arising under or in connection with any contract between us; and
16.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the relevant products under such contract.
16.4 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
16.4.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
16.4.2 fraud or fraudulent misrepresentation;
16.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
16.4.4 defective products under the Consumer Protection Act 1987; or
16.4.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.5 No implied terms about goods - Except to the extent expressly stated in section 11.4 “Your rights if you are a business”, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
17. HOW WE USE YOUR PERSONAL DATA
17.1 We use your personal data as set out in our privacy notice: https://www.stuart-turner.co.uk/about-us/privacy-policy.
18. DISPUTES
18.1 You have several options for resolving disputes with us.
18.1.1 Our complaints policy - Our Customer Service Team: email [email protected] or call 01491 572 655 will do their best to resolve any problems you have with us or our products as per our internal complaints procedure. You can request a copy of our internal complaints procedure by contacting our Customer Service Team.
18.1.2 Resolving disputes without going to court (consumers only) - Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Retail ADR through their website at http://www.retailadr.org.uk/. Retail ADR does not charge you for making a complaint and if you're not satisfied with the outcome, you can still go to court.
18.1.3 You can go to court - These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
19. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
19.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer, we'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our Customer Service Team: [email protected] or call 01491 572 655 to end the contract within 48 hours of us telling you about it and we will refund you any payments you've made in advance for products not provided.
19.2 You can only transfer your contract with us to someone else if we agree to this - If you're a consumer or a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
19.3 Nobody else has any rights under this contract - This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
19.4 If a court invalidates some of this contract, the rest of it will still apply - If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
19.5 Even if we delay in enforcing this contract, we can still enforce it later - We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
20. COMMUNICATIONS BETWEEN US
20.1 When we refer to "in writing", in these terms and conditions, this includes email.
20.2 Any notice or other communication given by one of us to the other under or in connection with the contract must be in writing and be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or email.
20.3 A notice or other communication is deemed to have been received:
20.3.1 if delivered by hand, at the time the notice is left at the proper address;
20.3.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
20.3.3 if sent by email, at 9.00 am the next working day after transmission.
20.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
20.5 The provisions of this section 20 shall not apply to the service of any proceedings or other documents in any legal action.
21. OUR COMPANY DETAILS
21.1 Our company details are set out below:
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Company name
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Stuart Turner Limited
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Company number
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00088368
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Trading name
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Stuart Turner Ltd
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Registered office
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Stuart Turner Limited, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD
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Main trading address
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Stuart Turner Limited, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD
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VAT number
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GB193762768
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21.2 We own and operate the website stuart-turner.co.uk.
22. CONTACT US
22.1 You can contact us by using by any of the following methods:
DELIVERY POLICY
1. INTRODUCTION
1.1 In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through our website.
1.2 This policy is a legally binding document, and this policy shall form part of the contract of sale between you and us made under our terms and conditions of sale.
2. FREE DELIVERY
2.1 We offer free standard delivery to all mainland UK addresses on all orders unless otherwise stated on the website.
2.2 All other orders will be subject to delivery charges as detailed in section 5 of this policy.
3. GEOGRAPHICAL LIMITATIONS
3.1 We will usually be able to deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland.
3.2 We may from time to time agree to deliver products to other countries and territories. If we do agree to this, you may be subject to additional charges.
4. DELIVERY METHODS AND PERIODS
4.1 Delivery of our products is via our courier company only. We do not currently offer click or collect services.
4.2 Delivery is usually completed, are as follows:
4.2.1 if your delivery address is on the United Kingdom mainland, the typical period for delivery of products is 3 working days.
4.2.2 If you place your order by 12pm GMT/BST on a working day, these time periods run from the close of business on that day; if you place your order after 12pm GMT/BST on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.
4.3 The delivery periods set out in this section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
4.4 We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.
5. DELIVERY CHARGES
5.1 Our delivery charges (if appliable) are advised to you during the check-out process before you confirm your order.
5.2 Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us. Delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.
6. RECEIPT AND SIGNATURE ON DELIVERY
6.1 All deliveries must be received in person at the delivery address stated in your order unless you request to change the delivery address and your request is accepted in accordance with our policy. Some of our orders may also require a signature on delivery.
6.2 If our couriers are unable to deliver your order for any reason, the couriers will leave a 'we missed you' contact card with details of what actions will be taken.
6.3 After two failed attempts you will need to contact the courier using the details on the contact card to arrange collection or a new delivery date.
7. CHANGING DELIVERY ADDRESS
7.1 We will arrange delivery to the delivery address stated in your order. However, if for any reason you need to change your delivery address, please contact our Customer Service Team on 01491 572 655. We cannot guarantee that the delivery address can be changed once you have placed your order. Please note that delivery restrictions may apply to some addresses.
8. MISSING PARCELS
8.1 If you are missing products from your order, you will need to check whether you have received all parcels for the order. This information should be available to view on the delivery label. If you have received all of your parcels, but an item is still missing, please contact us using the contact details in section 10 of this policy “Contact us” with the order and product details so that we can investigate further.
9. DELIVERY PROBLEMS
9.1 If you experience any problems with a delivery, please contact us using the contact details in section 10 of this policy “Contact us”.
9.2 If our delivery service provider is unable to deliver your products, and such failure is your fault, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).
9.3 An indicative list of the situations where a failure to deliver will be your fault is set out below:
9.3.1 you provided the wrong address for delivery;
9.3.2 there is a mistake in the address for delivery that was provided;
9.3.3 the address for delivery is not reasonably accessible;
9.3.4 the address for delivery cannot safely be accessed;
9.3.5 if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
9.3.6 if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
10. CONTACT US
You can contact our Customer Service Team by any of the following methods:
RETURNS POLICY
1. INTRODUCTION
1.1 We understand that from time to time you may wish to return a product to us.
1.2 We have created this policy to enable you to return products to us in appropriate circumstances.
1.3 This policy shall apply to all of our customers, irrespective of their geographical location.
1.4 This policy shall apply to all orders submitted through our website.
1.5 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. RETURNS
2.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
2.1.1 you notify us within 30 days following the date of dispatch of your order;
2.1.2 the returned product is unused, in its original packaging, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
2.1.3 you comply with the procedure set out in this policy in relation to the return of the product; and
2.1.4 none of the exclusions set out in this policy apply.
3. RETURNS PROCEDURE
3.1 To return your product, you must contact us using the details set out in section 6 of this policy to obtain a return authorisation number.
3.2 All products must be returned directly to 'Stuart Turner Ltd, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD'. In some cases, we may request that products are returned using Signed for Delivery only. We do not accept any other returns methods unless expressly agreed with us.
3.3 You must provide the authorisation number when returning the item on a covering note in the parcel.
3.4 You will be responsible for paying postage costs associated with returns under this policy.
4. REFUNDS
4.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
4.2 We will not refund to you any original delivery charges relating to the returned product.
4.3 We will not refund to you any costs you incur in returning the product to us.
4.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
4.5 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
5. IMPROPER RETURNS
5.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
5.1.1 we will not refund the purchase price or exchange the product;
5.1.2 we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
5.1.3 if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
6. CONTACT US
6.1 You can contact our Customer Service Team by any of the following methods:
PRODUCT WARRANTY POLICY
1. GENERAL
1.1 Within the warranty period we will repair, free of charge, any defects in the product resulting from faults in material or workmanship, repairing or exchanging the whole unit as we may reasonably decide.
1.2 Not covered by this warranty: Damage arising from incorrect installation, improper use, unauthorised repair, normal wear and tear and defects which have a negligible effect on the value or operation of the product.
1.3 Reasonable evidence must be supplied that the product has been purchased within the warranty term prior to the date of claim (such as proof of purchase or the pump serial number).
1.4 This warranty is in addition to your statutory rights as a consumer. If you are in any doubt as to these rights, please contact your local Trading Standards Department.
1.5 In the event of a claim please telephone TechAssist on +44 (0) 800 31 969 80.
1.6 Proof of purchase should accompany the returned unit to avoid delay in investigation and dealing with your claim.
1.7 You should obtain appropriate insurance cover for any loss or damage which is not covered by Stuart Turner Ltd in this provision.
SERVICEWISE EXTENDED WARRANTY CONTRACT
MONSOON PUMPS
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are Stuart Turner Limited, a company registered in England. Our company registration number is 00088368 and our registered office is at Market Place, Henley On Thames, Oxfordshire, RG9 2AD. Our registered VAT number is 193762768. You can find everything else you need to know about us and our services on our website before you order. We also confirm the key information to you in writing after you order by email.
1.2 You can contact us by telephoning our Customer Service Team at 0800 31 969 80 or by writing to us at [email protected] or Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD.
2. BUYING FROM US
2.1 You may either be a consumer or a business. If you are buying the ServiceWise Warranty for your business, then your business is agreeing to be bound by this contract.
WHEN YOU BUY FROM US, YOU ARE AGREEING:
2.1.1 your eligibility to buy this ServiceWise Warranty (see clause 3)
2.2.2 we only accept orders when we have checked them (see clause 4)
2.1.3 sometimes we reject orders (clause 5)
2.1.4 we charge you when we accept your order (clause 6)
2.1.5 the price for the ServiceWise Warranty (clause 7)
2.1.6 the duration of the ServiceWise Warranty (clause 8)
2.1.7 the scope of the ServiceWise Warranty (clause 9)
2.1.8 what is not covered by the Service Wise Warranty (clause 10)
2.1.9 the process for claiming under the Service Wise Warranty (clause 11)
2.1.10 we may charge you if you don’t give us the information we need or do what has been agreed with us (clause 12)
2.1.11 if you are a consumer, you have the legal right to change your mind (clause 13)
2.1.12 the deadline and process for changing your mind (clause 14)
2.1.13 you have to pay for that part of the ServiceWise Warranty that you received the benefit of, before you change your mind (clause 15)
2.1.14 the Service Wise Warranty does not affect your statutory rights if you are a consumer (clause 16)
2.1.15 we can change the ServiceWise Warranty (clause 17)
2.1.16 we can withdraw the ServiceWise Warranty (clause 18)
2.1.17 we can end our contract with you (clause 19)
2.1.18 we don’t compensate you for all loss caused by us or our services under the ServiceWise Warranty (clause 20)
2.1.19 we use your personal data as set out in our privacy notice (clause 21)
2.1.20 you have several options for resolving disputes with us (clause 22)
2.1.21 other important terms apply to this contract (clause 23)
3. YOUR ELIGIBILITY TO BUY SERVICEWISE WARRANTY
3.1 Subject to the conditions in clause 3.2 below, you are eligible to buy the ServiceWise Warranty if:
3.1.1 you have already registered your Monsoon pump with us for our full five-year warranty and you purchase the ServiceWise Warranty:
(a) before expiry of your five-year warranty; or
(b) within 12 months of expiry of your five-year warranty;
OR
3.1.2 you are purchasing the ServiceWise Warranty within 12 months of expiry of the original manufacturer’s free warranty that automatically came with your pump purchase.
3.2 You are not eligible to buy the ServiceWise Warranty if at the time of purchase:
3.2.1 your pump is suffering from damage in the form of leaks, humming (or other noise) or pump seizure; or
3.2.2 your pump is more than 7 years old from its date of manufacture.
4. WE ONLY ACCEPT ORDERS WHEN WE HAVE CHECKED THEM
We will contact you once the ServiceWise terms and conditions have been accepted, we will contact you by telephone to take full payment
5. SOMETIMES WE REJECT ORDERS
Sometimes we reject orders, for example, because (if you are a business) a credit reference we have obtained is unsatisfactory, because you are not eligible or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
6. WE CHARGE YOU WHEN WE ACCEPT YOUR ORDER
If you place an order with us, we will phone you to take payment from you when we accept your order.
7. THE PRICE FOR THE SERVICEWISE WARRANTY
The price is £180, inclusive of VAT
8. THE DURATION OF THE SERVICEWISE WARRANTY
The ‘Warranty Period’ starts on the date on which the ServiceWise Warranty is purchased and ends on the earlier of:
(a) 2 years later; or
(b) the completion of the second service engineer visit under the ServiceWise Warranty. If the service engineer has caused a fault or left it unresolved, then that visit will not count as a visit for the purpose of calculating the number of visits.
9. THE SCOPE OF THE SERVICEWISE WARRANTY
9.1 Subject to clause 10 below, we warrant that for the Warranty Period your Monsoon pump will be free from defects in material and workmanship under normal use and conditions appropriate to the setting for which it was purchased (i.e. large domestic, small commercial).
9.2 This means, we will either repair the defect through our Technical Assistance team or will replace the pump (with either a new or a refurbished pump) through the provision of a service engineer at no charge. We will have sole discretion in determining whether a defective pump or part will be either repaired or replaced under the ServiceWise Warranty. If a replacement applies and we agree that you should remove the defective pump or part, you will be responsible for returning them to us using our Collect+ service. We pay for use of the Collect + service. Except as specified in clauses 10.1 and 12 below you will not be charged any additional fees by us (beyond what you have paid for the ServiceWise Warranty) for these services.
10. WHAT IS NOT COVERED UNDER THE SERVICEWISE WARRANTY
10.1 The ServiceWise Warranty does not cover the following: (i) pre-existing conditions; (ii) damage from: accident, abuse, misuse, neglect, introduction of foreign objects into the pump, exposure to abnormal heat or cold, power surges, altered serial numbers, unauthorised product repairs, modifications or alterations by anyone other than us or our appointed agents, failure to follow the manufacturer’s instructions, third-party actions, fire, collision, vandalism, theft or the like, acts of war, acts of God, improper use of any electrical source; (iii) cosmetic damage to the pump’s case or frame; (iv) preventative maintenance; (vi) use of the pump in a manner or for a purpose for which it was not designed; (vi) damage which is not reported prior to expiration of the Warranty Period; (vii) cost of original installation, removal or reinstallation of the pump; (ix) our service engineer determining that the pump is not in fact defective. If any of the foregoing issues apply, we reserve the right to charge you for the service engineer visit during which the issue becomes apparent, as agreed when a service visit takes place.
10.2 This is an exclusive warranty given by us. We make no other warranties except as stated in this contract. We disclaim all other warranties express or implied.
11. THE PROCESS FOR CLAIMING UNDER THE SERVICEWISE WARRANTY
11.1 To make a claim you must do so during the Warranty Period. (see clause 8 above – The duration of ServiceWise Warranty).
11.2 Please contact our Customer Service Team in the first instance by phoning 0800 31 969 80 or by writing to us at [email protected] or at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD. Our telephone lines are open Monday - Thursday: 9- 5pm; and Friday: 9 - 3:30pm, except for during bank holidays.
11.3 You must identify the pump by providing us with a serial or CRM number, provide proof of purchase of the Service Wise Warranty and identify the grounds for making the claim under it in reasonable detail to help us assess the issue. We will then issue you with a reference number authorising your claim which you must quote on all communications with us. Depending on the issue will give you instructions for what will happen next.
12. WE MAY CHARGE YOU IF YOU DON'T GIVE US THE INFORMATION WE NEED OR DO WHAT HAS BEEN AGREED WITH US
You agree to cooperate with us in all matters relating to any claim under the ServiceWise Warranty. You agree to provide us with such information we may reasonably require in order to comply with our obligations under this contract and ensure that such information is complete and accurate in all material respects. If we send out a service engineer to you, you agree to provide safe access to that engineer to enable the engineer to examine the pump and to carry out any repairs or replacement.
If we are delayed or prevented from carrying out our obligations under this contract due to you failing to act in accordance with the paragraph above, we will be entitled to suspend our services until you correct your default and may charge you additional sums as a result (for example, we may have to arrange an additional service visit). If you are a business, we will not be responsible for any loss you incur as a result of our suspension and you will reimburse us for any costs we incur as a result of your default.
13. IF YOU ARE A CONSUMER YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND
If you are a consumer, you have 14 days after the date you purchased the ServiceWise Warranty to change your mind about your purchase and to receive a refund of what you paid for it. This is subject to some conditions, as set out in clauses 14 and 15 below.
14. THE DEADLINE AND PROCESS FOR CHANGING YOUR MIND
If you change your mind about the ServiceWise Warranty you must let us know no later than 14 days after the day we confirm we have accepted your order.
14.1 Please contact our Customer Service Team on 0800 31 969 80 or 01491 572 655, write to us at [email protected] or fill in the online cancellation form or fill in a print-out of the cancellation form and post it to us at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD.
14.2 We will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.
15. YOU HAVE TO PAY FOR THE BENEFIT OF THE WARRANTY YOU HAVE RECEIVED BEFORE YOU CHANGE YOUR MIND
If you agree to the ServiceWise Warranty starting before the 14 day cooling off period has come to an end, then you have to pay for benefit of the Warranty you received before you change your mind. This means that we don't refund you for the time you were receiving the benefit of the ServiceWise Warranty before you told us you'd changed your mind.
16. THE SERVICEWISE WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS IF YOU ARE A CONSUMER
16.1 If you think there is something wrong with the service we deliver under the ServiceWise Warranty, you must contact our Customer Service Team on 0800 31 969 80, write to us at [email protected] or at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD.
16.2 Your ServiceWise Warranty does not affect your statutory rights. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us (see clause 22 below).
17. WE CAN CHANGE THE SERVICEWISE WARRANTY
17.1 We can change the scope of the Warranty:
17.1.1 to reflect changes in relevant laws and regulatory requirements; and
17.1.2 to make adjustments and improvements, provided that you are at no disadvantage as a result of the changes.
18. WE CAN WITHDRAW THE SERVICEWISE WARRANTY
18.1 We can stop providing the ServiceWise Warranty. We will let you know at least 30 days in advance and we will refund any sums you've paid in advance for the ServiceWise Warranty which won't be provided.
19. WE CAN END OUR CONTRACT WITH YOU
19.1 We can end our contract with you for the ServiceWise Warranty and claim any compensation due to us if you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the services under the Warranty, for example, access to where the pump is installed.
20. WE DONT COMPENSATE YOU FOR ALL LOSS CAUSED BY US OR OUR SERVICES UNDER THE SERVICEWISE WARRANTY
20.1 If you are a consumer:
we’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described below.
20.2 If you are a business:
nothing in this contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
20.3 Subject to clause 20.2 above our total liability to you arising under or in connection with our contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to an amount equivalent to 100% of the price paid for the ServiceWise Warranty.
20.4 Subject to clause 20.2 this clause specifies the types of losses that are excluded from any claims made in connection with this contract:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
21. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
21.1 How we use any personal data you give us is set out in our Privacy Notice: https://www.stuart-turner.co.uk/about-us/privacy-policy
22. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
22.1 Our complaints policy. Our Customer Service Team available on 0800 31 969 80 or, at [email protected] or at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD will do their best to resolve any problems you have with us or our services.
22.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you are a consumer and you live in Wales, Scotland or Northern Ireland, you can bring claims against us in the courts of the country you live in and we can claim against you in the courts of the country you live in. If you are a business, we will bring claims against you in the English courts.
23. OTHER IMPORTANT TERMS APPLY TO THIS CONTRACT
23.1 Transfer of warranty. If you are a consumer, we will only accept liability under the ServiceWise Warranty if the person seeking to rely on it is the original purchaser or can produce a letter or chain of letters from the original purchaser and subsequent purchasers (where appropriate) transferring the benefit of the ServiceWise Warranty to the new owner of the property in which the pump has been installed. We will be happy to supply a suggested specimen letter.
If you are a business, you are not permitted to transfer the ServiceWise Warranty to a third party.
23.2 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
23.3 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
23.4 Entire agreement. If you are a business, these terms and the terms form the entire agreement between you and us in relation to the warranty. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the same.