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Terms & Conditions
of Sale |
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1
Definitions
1.1:
"Buyer" means
the person who buys or offers to buy the Goods
from the Seller.
1.2:
"Seller" means
Killgerm Group Limited of Wakefield Road, Ossett,
West Yorkshire WF5 9AJ including its Subsidiary
and Associated companies;
1.3:
"Terms
and Conditions" means the terms and conditions
of sale set out in this document to the exclusion
of all other terms and conditions whether made
orally or in writing;
1.4:
"Delivery
Date" means the date specified by the
Seller when the goods are to be delivered;
1.5:
"Goods" means
the articles or services which the Buyer offers
to buy from the Seller;
1.6:
"Price" means
the price for the goods excluding carriage,
packaging, insurance, VAT and any customs charges;
1.7:
"INCOTERMS" means
the international rules for the interpretation
of trade terms of the International Chamber
of Commerce as in force as the date when the
contract is made;
1.8:
"Personal Protective Equipment" means
the pictograms which appear in the Seller’s
catalogue and on the Seller’s web site;
1.9:
"Writing" and
any similar expression includes but is not limited
to facsimile transmission and electronic
mail;
1.10:
"Controlled Products" includes
but is not limited to products subject
to the requirements of the Control of Pesticides
Regulations 1986 and 1987 as amended and
the Poisons Act 1972.
2.
General
2.1
All quotations given and orders accepted
by the Seller are subject to these Terms
and Conditions. No terms of sale, conditions,
representations or warranties whether express
or implied are binding upon the Seller
or its Subsidiary or Associated Companies
unless expressly contained herein or authorised
in Writing by the Seller.
2.2
Conditions specified
in a Buyer’s
order, specification, forms, or letters
shall not amend these standard Terms and
Conditions unless expressly assented thereto
in writing by the Seller.
2.3
These Terms and Conditions
do not affect the Buyer’s statutory rights
as a consumer.
3.
Orders
3.1
The Goods advertised on
the Seller’s
web site is not an offer of sale but an
invitation to treat.
3.2
Upon the Buyer placing an
order for Goods on the Seller’s web site
and the Seller accepting such an order by e-mail
and dispatching the Goods a contract is entered
into between the parties.
3.3
Prior to acceptance
of the Buyer’s
order, the Seller shall, at its discretion,
request evidence in writing of the Buyer’s
qualifications to handle and use Controlled
Products.
3.4
All quotations or estimates given by
the Seller are subject to the approval
of the Buyer’s references if required
by the Seller.
3.5
The Seller may cancel an order
at any time before the Goods are delivered
by giving notice in writing to the Buyer.
On giving such notice the Seller shall
promptly repay to the Buyer any sums paid
in respect of the price of the Goods.
3.6
The Seller
may cancel an order or contract, in whole or
in part, upon any breach, non-observance or non-performance
by the Buyer of any condition contained herein
(stipulation as to time of payment being regarded
as of the essence of the contract), or upon
the Buyer committing an act of bankruptcy
or entering into a scheme of arrangement
with their creditors or being a company,
entering into liquidation (whether voluntary
or compulsory) and the Buyer shall be liable
to the Seller for any loss or damage caused
to the Seller by such cancellation. No
contract may be cancelled without the Seller’s
consent in writing.
4 Price and Payment
4.1
The Price
shall be that on the Seller’s
current list price, web site, or if applicable
the Price contained in the Seller’s
quotation.
4.2
The Price of the Goods may be increased
at any time by the Seller upon giving notice
in writing to the Buyer provided that such
notice is received before delivery.
4.3
If the Buyer
considers any such increase unreasonable, he
may (within 7 days of receipt of the Seller’s
notice of the increase in the Price) cancel his
order by giving notice in writing to the Seller
provided that delivery of the Goods has
not taken place and the Buyer has not accepted
the Goods.
4.4
The total purchase Price plus VAT and
UK carriage charges will be displayed in
the Buyer’s shopping cart on the
Seller’s web site prior to the Buyer
confirming the order.
4.5
Carriage charges for overseas
delivery of Goods purchased via the Seller’s
web site at www.killgerm.com may
differ from those charges displayed in
the Buyer’s shopping cart on the
Seller’s web site and the higher
will apply. VAT or its equivalent
will be charged at the applicable rate.
4.6
Payment for
Goods is due from the Buyer and shall be
made by the Buyer at the time of the Buyer
placing their order on the Seller’s
web site unless the Buyer is purchasing
on account.
4.7
In the event that the Buyer is purchasing
the Goods from the Seller on account these
terms and conditions apply in conjunction
with the Seller’s terms and conditions
of payment detailed in the Seller’s
current catalogue as may be varied from
time to time.
4.8
In the event that payment for Goods
is not made by the Buyer at the time of
placing their order on the Seller’s
web site (and the Buyer is not purchasing
on account in accordance with these terms
and conditions), the Seller shall not be
obliged to process the Buyer’s order
and/or deliver the Goods until payment
has been made.
4.9
Time of payment shall be
the essence of the contract and any failure
to pay shall entitle the Seller at its
option to treat the contract as repudiated
or to delay delivery until payment is made
in full.
4.10
The Seller shall be entitled to suspend
further deliveries under this and/or any
other contract which the Seller may have
with the Buyer if full payment is not made
by the Buyer, and if such payment or any
part thereof (including interest) shall
remain in arrears for 7 days after a written
demand from the Seller, the Seller has
the right to cancel this and/or any such
Contract, and in either case without prejudice
to any other right the Seller may have.
4.11
If the
Buyer’s account becomes
overdue all sums payable to the Seller
under any other contract subsisting between
the Seller and the Buyer shall become immediately
due and payable notwithstanding the terms
for payment stipulated in such other Contract.
4.12
The
Seller shall have the right, after notice in
Writing, to suspend deliveries under this and/or
any other contract with the Buyer without giving
rise to any claim whatsoever by the Buyer (even
though the Buyer is not in arrears with any payment)
where the Seller considers the amount owing from
the Buyer (whether actually due for payment or
not) is the limit to which the Seller is prepared
to allow credit.
4.13
The Seller shall have the right,
after giving notice in Writing, to suspend deliveries
under this and/or any other contract with
the Buyer without giving rise to any claim
whatsoever by the Buyer even though the
Buyer is not in arrears with any payment.
4.14
If
the Buyer’s account is overdue
for payment, the Seller shall be entitled
(without prejudice to it’s rights
to recover any amount due from the Buyer
or to any other right) to charge the Buyer
interest at the rate of 4% over Nat West
Bank’s Base Rate from time to time
on any amount due.
5 Suitability Clause
5.1
All
goods supplied are manufactured to the Seller’s
usual standard of quality but all conditions
and warranties, statutory or otherwise, as
to the quality or fitness for purpose of the
Goods are excluded and no liability (save as
to the liability to replace defective Goods
as hereinafter provided) will be accepted by
the Seller for any damage, loss or injury whatsoever
arising out of or in connection with the
Goods or drums or other containers thereof
or from the storage, handling, application
or use thereof.
5.2
In the case of alleged defects
in manufacture of the Goods proved by the Buyer
to the satisfaction of the Seller, the Seller
will at its cost replace or otherwise remedy
the defective goods. In particular liability
in tort arising in or out of the manufacture
distribution, sale or use of the product
is hereby expressly excluded.
6 Reservation of Title
6.1
Property
in the Goods supplied by the Seller shall remain
with the Seller until all monies owed to the
Seller by the Buyer have been paid in full.
6.2
Until
such time the Buyer must bear all risks and insure
the goods against loss or damage and store the
Goods in such a way as to enable them to be clearly
identified as the Seller’s property.
7
Carriage and Delivery
7.1
Deliveries shall
be deemed to be effected and the risk in the
Goods shall pass to the Buyer as follows:-
7.2
In all cases where
goods are to be delivered C.I.F or C & F
port of destination, Delivery of the Goods shall
be deemed to be effected and the risk shall pass
to the Buyer when the Goods have been delivered
over ship’s rail at port of shipment.
8
Damage or Loss
8.1
All claims for
damage to or partial loss of Goods in transit
must be submitted in writing to the carrier and
Seller or Seller’s
agents within three days of Delivery of
the Goods in the case of the U.K deliveries
and within seven days of Delivery of the
Goods in the case of deliveries outside
the U.K.
8.2
All claims for non-delivery of the whole
of any consignment or any separate package
forming part of a consignment must be submitted
in writing to the carrier and the Seller
or the Seller’s agents within the
following periods after receipt by the
Buyers or the Buyers’ agents of the
Sellers’ invoice or advice notes,
whichever is the earlier:-
8.3
In the absence of notification
of claims within the times mentioned above, the
Goods shall be deemed to have been delivered
in accordance with contracts.
8.4
The Personal Protective
Equipment (“PPE”)
illustrations are for illustration purposes
only and the use of the PPE illustrations
should not be relied upon by the Buyer.
For example, mixing of concentrates may
require additional or alternative PPE to
that which is illustrated.
8.5
For full requirements
on PPE for use with the Goods, the Buyer should
refer to the product label and safety data sheet
and take into account the circumstances
of use. The Seller’s illustrations
should in no way replace any part of a
customer’s COSHH assessment and the
Seller will not be responsible for any
loss or damage arising from the customer’s
reliance upon, and sole use of, the PPE
illustrated in the Seller’s catalogue
and on the Seller’s web site
9
Unforeseen Circumstances and Force
Majeure
9.1
Neither party shall be liable for any
default due to any act of God, war, strike,
lock-out, industrial action, fire, flood,
drought, tempest or other event beyond
the reasonable control of either party.
9.2
In the
event of war, regulations of any Government,
strikes, combinations of workmen, lockouts, fire,
flood, breakdown of machinery, works closure,
accidents, force majeure or any other cause resulting
directly or indirectly in partial or complete
stoppage of work or works or interfering with
the means of production or transit of either
raw or finished materials then Delivery
of the Goods sold or execution or work
contracted to be performed or in the course
of performance may be wholly or partially
suspended by the Seller who shall be entitled
to be paid forthwith by the Buyer for all
work done and materials supplied up to
the time of suspension or abandonment of
the work.
10 Delivery Dates
10.1
Dates and/or times quoted by the Seller
are estimates only and time shall not be
of the essence of a Contract in this respect.
Delay in Delivery of the Goods shall not
render the Seller liable for any claim
for damages either direct or indirect from
whatsoever cause arising nor shall it entitle
the Buyer to cancel an order or Contract.
11 Intellectual Property
11.1
The Seller warrants that the manufacture
of the Goods covered herein do not infringe
any intellectual property rights of the
country of manufacture. The Seller does
not warrant that the importation or use
of the Goods in any other country is free
of any infringement of any intellectual
property rights of the importing country.
12
Disclaimer
12.1
The Seller and/or
their respective suppliers make no representations
or warranties about the accuracy, completeness
or suitability for any purpose of the information
contained in the documents and related graphics
published on the Seller’s web site or
in the Seller’s catalogue or any of the
products of whatever nature details of which
appear on the Seller’s web site or in
the Seller’s catalogue.
12.2
All such documents
and related graphics are provided, and any
such products (where ordered) are accepted
by the Buyer “as is” and without
warranty of any kind.
12.3
The information
contained on the Seller’s web site or
in the Seller’s catalogue may contain
technical inaccuracies or typographical errors.
All liability of the Seller howsoever arising
for any such inaccuracies or errors is expressly
excluded to the fullest extent permitted by
law.
12.4
The Seller operates
some processes which are manual and therefore
errors can arise. The Seller carries out frequent
checks to detect any errors. However, if they
do occur the Seller will act within a reasonable
time to minimise inconvenience and disappointment
that may be caused to the Buyer.
12.5
Despite
the Seller’s best efforts, the security
of information and Buyer payments transmitted
via the Seller’s web site cannot be guaranteed.
Any losses incurred or sustained by any Buyer
who transmits information by means of email
or other internet links shall be borne solely
and exclusively by the Buyer and in no event
shall any such losses in whole or part be the
responsibility of the Seller.
12.6
Brand names,
product names and titles used on the Seller’s
web site or in the Seller’s catalogue
may be trademarks or trade names of their respective
holders. No permission is given in respect
of use of any of the above by the Buyer, and
such use may constitute an infringement of
the holder’s rights, except where specifically
permitted.
13 Customs
13.1
Orders placed
via the Seller’s web site at www.killgerm.com for
delivery overseas will be dealt with in a consistent
way to orders received via other media or communication
and the Buyer will be informed by telephone,
fax or e-mail of any freight and other export
charges applicable from time to time that may
be incurred by them.
13.2
The
Buyer shall be responsible for complying with
any legislation or regulations governing the
importation of the Goods into the country of
destination and for payment of any duties on
them.
13.3
When ordering
Goods from the Seller for delivery overseas
the Buyer may be subject to import duties and
taxes, which are levied once the product has
reached its destination. The Buyer shall be
responsible for any such charges. The Buyer
should contact their own local customs office
for details about charges which may vary from
country to country. The Seller has no control
over these charges and cannot predict what
they may be.
14Information
Security
14.1
We work to protect
the security of your information during transmission
by the Buyer using Instant SSL™ Premium
SSL Certificate software which offers a 128
bit encryption and a Trust Logo. Further details
of this system can be found at www.instantssl.com.
14.2
The Buyer’s
credit card details will be stored on a secure
database. If the Buyer places a further order
with the Seller the credit card number will
automatically be remembered but shown only
as asterisks with the last 5/6 digits showing.
When processing the Buyer’s order, the
Seller will transmit the entire credit card
number to the appropriate credit card company.
14.3
The
Seller maintains physical, electronic and procedural
safeguards in connection with the collection,
storage and disclosure of personally identifiable
Buyer information. The Seller’s security
procedures mean that they may occasionally
request proof of identity before personal information
is disclosed.
15
Collection and Use of Personal
Information About Customers
15.1
The information
the Seller received assists in the order processing,
Delivery, payment processing and the general
maintenance of the Buyer’s account. The
Seller may also use this information to communicate
promotional offers, products and services
to the Buyer.
15.2
The Seller does not share Buyer
information with any third party.
16
Non-Assignability
16.1
This contract
is not assignable without the written consent
of the Seller.
17
Proper Law of Contract
17.1
These
Terms and Conditions and any Contract between
the Buyer and the Seller shall be governed
by and be construed in accordance with the
Laws of England and the Buyer and the Seller
agree to submit to the exclusive jurisdiction
of the English Courts.
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