Terms & Conditions of Supply

Applicability

On placing any order with the Supplier the Purchaser accepts that they have entered into a contract to supply the goods ordered and that prior to entering that contract the Purchaser warrants that he has read and accepts these terms and conditions and understand that the Supplier’s liability to the Purchaser under the contract for the supply of the goods is limited to that expressed in these terms and that no other terms (express or implied including statutory terms in so far as they may be excluded) save those referred to within these terms are incorporated within or applicable to the contract.

General

The Purchaser acknowledges and accepts that the Supplier:
acts as a wholesaler and middleman in the supply of the goods;
is not the manufacturer/producer of the goods and that the goods are supplied pre-packed by the manufacturer/producer;
has no knowledge of the condition of the goods within any sealed packages containing the goods and accepts no responsibility whatsoever for the contents or the condition of the goods within sealed packages;
Accepts no liability whatsoever for the attributes, description, characteristics, suitability or performance of the goods;

The Purchaser acknowledges and agrees that the Supplier only accepts liability for the condition of the external packaging around the goods to the point and time of delivery and no other liability whatsoever in respect of the goods.

The Purchaser agrees that any and all matters or issues relating to the goods within the sealed packages are expressly excluded from the terms of any contract between the Supplier and Purchaser and hereby agrees that any claims relating to the description, quality or the performance of the goods will be directed to the manufacturer/producer of the goods and not the Supplier and that in the event that any such claim or action is brought against the Supplier, the Purchaser will indemnify the Supplier in respect of all outlays and expenses (including legal expenses) it incurs arising from such claim and any associated third party claim or action the Supplier directs to the Manufacturer/Producer arising from such.

The Goods

The purchaser must satisfy himself as to the propriety and suitability of the goods, including the purpose and application of the acquisition of the goods.

The individual manufacturers provide specific product information regarding the goods. It is for the Purchaser to satisfy himself before or on purchase of the goods to ensure he has obtained from the Manufacturer/Producer all information (in whatever form is available) relating to the goods. Whilst the Supplier will provide as much information regarding the goods as is available to it (including as provided by the Manufacturer/Producer) the Supplier accepts no responsibility whatsoever for any failure by the Purchaser to obtain such information or to satisfy himself as to the content of such.

Each Manufacturer/Producer has its own terms and conditions of supply of its goods separate from these terms and conditions. Whilst the Supplier makes every effort to ensure that such terms and conditions are brought to the attention of the Purchaser, it is for the purchaser to satisfy himself as to those terms and conditions prior to placing an order for goods.

Some Manufacturers/Producers (for example Conwed) require Purchasers to execute a document confirming they accept their specific terms. It is for the Purchaser to satisfy themselves as to the content and effect of such document prior to placing an order.

Product Information

Any and all information relating to the goods and provided by the Supplier is provided in good faith. The Supplier accepts no responsibility for the information relating to the goods and contained in any written medium whatsoever (including all information regarding products contained upon the Suppliers website or any electronic or paper medium). It is for the Purchaser to satisfy himself of the reliability of such for his purposes.

The Supplier makes no representations whatsoever as to the applicability or suitability of the goods for any purpose. Any views or opinions expressed by the Supplier or the Supplier’s employees or agents regarding the goods or their application is purely ‘opinion’ and is given in good faith. It is for the Purchaser to make his own enquiries and to satisfy himself as to the reliability of such views or opinions.

Risk

If the Supplier undertakes delivery, risk in the goods passes immediately upon delivery to the Purchasers premises or such premises directed by him.

If the Purchaser collects or instructs the collection of the goods (including by carrier) risk passes immediately upon the goods leaving the Suppliers store.

It is the responsibility of the Purchaser to satisfy himself as to the integrity of the external packaging of the goods at the point and time of delivery. Any damage to the external packaging of any consignment or individual parcel of any consignment must be notified immediately upon delivery. The Supplier accepts no liability whatsoever for any damage to the sealed packages (including the packaging itself) where such specific damage and damage to the external packaging has not been notified to the Supplier upon delivery.

Applicable Law

In the event of any dispute relating to the delivery of the goods under this contract the courts of England and Wales have exclusive jurisdiction.

If any term of these terms and conditions is deemed to be unenforceable then such term shall be excluded from the agreement and the remaining terms shall form the whole of the terms. If any part of any term is deemed unlawful or unenforceable then such part shall be severed from the term and the remaining part of the term interpreted to give effect to its intended meaning and purpose.