7. Delivery and Collection
7.1 Subject to the provisions of clauses 4.1 and 8 the Seller may stipulate that delivery will be made at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods or goods upon which Services have been rendered are ready for collection. In all other circumstances delivery of Goods or goods upon which Services have been rendered will be made to the Buyer’s premises at the Buyer’s request.
7.2 When delivery takes place at the Buyer’s premises it will be the Buyer’s responsibility to ensure delivery can take place at the time and place specified or otherwise agreed. The Buyer shall indemnify the Seller against any loss or expense incurred as a result of a breach of these obligations.
7.3 Times for the supply of the Goods or Services by the Seller in its quotation or otherwise are intended as estimates only and shall not be treated as being of the essence of the contract or binding on the Seller. The Seller will not be liable to the Buyer for any loss or damage (direct or indirect) occasioned by the Seller’s failure (whether as a result of negligence or otherwise) to deliver the Goods or the goods upon which the Services have been rendered, by the date or within the time stated and in no case shall delay be a ground for rejecting the same.
7.4 The right to deliver the Goods or the goods upon which the Services have been rendered in part is expressly reserved by the Seller and these conditions shall apply to any such part or parts with the necessary changes.
7.5 If the Buyer fails to take delivery of the Goods or goods upon which Services have been rendered or fails to give the Seller adequate delivery instructions then without prejudice to any other right or remedy available to the Seller, the Seller may:-
(a) store such goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage;
(b) sell such goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) on charge the Buyer for any shortfall below the price under the contract.
11.1 Subject to clause 11.4 if within 30 days from the date of delivery of the Goods the Buyer wishes to return the Goods for any reason, upon the Buyer giving notice in writing to the Seller and returning the Goods in their original and unspoilt condition together with any packaging, the Seller will replace the Goods or refund their price. This clause 11.1 shall apply only to those Goods manufactured by the Seller as standard products and not to one-off or custom-made products or Goods supplied and/or manufactured by a third party. The Seller reserves the right to refuse to accept the return of Goods pursuant to this clause.
11.2 Any claim by the Buyer which is based on any shortage in or damage to or defect in the quality or condition of the Goods or Services, or their failure to correspond with specification shall be made in writing and received by the Seller within 14 days from the date of delivery.
11.3 If no notification is received by the Seller pursuant to clauses 11.1 or 11.2, the Buyer will not be entitled to reject the Goods or Services and must pay their price unless the Buyer can show that it was impossible for it to comply with the specified limits in which case any claim will be barred if not made without delay.
11.4 Goods may not be returned under this clause or for any reason without the Seller’s prior agreement in writing.
Can I still order if the item is out of stock?
Yes. But the item despatch date will be from the day it arrives in stock. So if you choose next day delivery, the item will be delivered the day after it becomes available in stock. Please note that if you are ordering a DACS product that they are usually built to order – a product labelled ‘Out of Stock’ can usually still be made available within a week. Please contact us for more information regarding out of stock products.