a) The Price shall be that on the Sellers current list price, web site, or if applicable
the price contained in the Sellers Quotation. Should a product's price change
between receipt of order and dispatch the buyer will be notified and given the
opportunity to cancel the order and receive a full refund.
b) All Prices are exclusive of VAT and charges for packing, postage and carriage
(plus VAT) which shall be paid in addition.
a) Whilst every reasonable effort shall be made to keep any delivery date, time of
delivery shall not be of the essence and the Seller shall not be liable for any losses,
costs, damages or expenses incurred by the Buyer or any other person or Company
arising directly or indirectly out of any failure to meet any estimated delivery date.
b) Delivery of the Goods shall be made to the Buyers address and the Buyer shall
make all arrangements necessary to take delivery of the Goods whenever they are
tendered for delivery.
The buyer shall indemnify the Seller against all claims in respect of any loss, injury
or damage sustained by a third party arising from the sale of the Goods to the
buyer howsoever caused and also against all actions, proceedings, costs, claims,
demands and expenses made, brought or claimed against the Seller in respect of
the infringement of any patent, trade mark, registered design or similar right
arising from the manufacture or supply of any Goods or the doing of any work or
the use of any article or material by the Seller to the design or specification or upon
the instruction or order of the buyer.
4. Risk and property
a) Reservation of title of any Goods sold by the Seller remains with the Seller until
such time that the Goods have been paid in full.
b) The buyer acknowledges that the buyer is in possession of the Goods solely as
bailee for the Seller until such time as the full price thereof is paid to the Seller
together with the full price of any other Goods the subject of any other contract
with the Seller.
c) Until such a time as the buyer becomes the owner of the Goods, the buyer will
store them on his premises separately to the buyers own Goods or those of any
other person and in a manner which makes them readily identifiable as the Goods
of the Seller.
d) The buyers right to possession of the Goods shall cease if he, not being a
company, commits an available act of bankruptcy or if he, being a company does
anything or fails to do anything which would entitle a receiver to take possession
of any assets or which would enable any person to present a petition for winding
up. The Seller may for the purpose of recovery of his Goods enter upon any
premises where they are stored or where they are reasonably thought to be stored
and may repossess the same.
e) Subject to the terms hereof the buyer is licensed by the Seller to agree to sell
the Sellers Goods, subject to the express condition that such an agreement to sell
shall take place as agents and bailees for the Seller whether the buyer sells on his
own account or not and that entire proceeds thereof are held in trust for the Seller
and are not mingled with other monies and shall be at all times identifiable as the
f) If the buyer has not received the proceeds of any such sale, he will upon being
called upon so to do by the Seller; within seven days thereof assign to the Seller all
rights against the person or persons to whom the buyer has supplied the Goods.
5. Force Majeure
a) In the event that the Seller is prevented from carrying out its obligations under a
contract for sale as a result of any cause beyond its control such as but not limited to
Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver
Goods, the Seller shall be relieved of its obligations and liabilities under such
contract for sale for as long as such fulfillment is prevented.
b) Except as may be implied by law where the Buyer is dealing as a consumer, in the
event of any breach of these Conditions by the Seller the remedies of the Buyer shall
be limited to damages which shall in no circumstances exceed the price of the Goods
and the Seller shall under no circumstances be liable for any indirect, incidental or
a) If the Goods or any part thereof are defective solely as a result of the faulty
materials or workmanship of the Seller, the Sellers liability shall be limited, at its
discretion, either to replacing such Goods or the defective part thereof ( as the case
may be) or to giving the buyer credit for the value thereof but no such liability shall
arise unless notification of any defect is received by the Seller in writing within ten
days (United Kingdom) to thirty days (Export) from the receipt of the Goods by the
buyer and the allegedly defective Goods are thereafter returned to the Seller
b) Save as is provided by these Conditions of Sale and save for the Sellers implied
undertaking as to title, etc contained in S.12 of the Sale of Goods Act 1979, all
conditions and warranties express or implied statutory or otherwise and, except as
provided in S.2 of the Unfair Contract Terms 1977 (liability for death or personal
injury resulting from negligence), all other obligations and liabilities whatsoever of
the Seller whether in contract or in tort or otherwise are excluded.
7. Cancellation and returns
If it is agreed that the Goods are to be returned:-
a) a Goods Return number obtained from the Seller must be clearly shown on the
returned parcels. The Buyer will be liable for the cost of remedying any damage to
the Goods returned where such damage has, in the opinion of the Seller, been
caused by the Goods being inadequately packaged by the Buyer or through the
b) the Seller reserves the right to make a handling and restocking charge of 25%
on Goods which are returned if they were ordered in error or are no longer required.
8. Orders and specifications
a) No order submitted by the buyer shall be deemed to be accepted by the Seller
unless and until confirmed in writing by the Sellers authorized representative.
b) The buyer shall be responsible to the Seller for ensuring the accuracy of the
terms of any order submitted by the buyer.
c) The quality, quantity and description of and any specification for the Goods shall
be those set out in the Sellers quotation or the buyers order, if accepted by the Seller.
9. Terms of payment
The buyer shall pay for the price of the Goods within 30 days of the date of the
Sellers invoice notwithstanding that the property in the Goods has not passed to
the buyer. The time of payment of the price shall be of the essence. If the buyer fails
to make any payment on the due date then without prejudice to any other right or
remedy available to the Seller, the Seller shall be entitled to:
a) cancel the contract or suspend any further deliveries to the buyer.
b) appropriate any payment made by the buyer to such of the Goods (or the Goods
supplied under any other contract between the buyer and the Seller) as the Seller
may think fit (notwitstanding any purported appropriation by the buyer) and
c) charge the buyer (both before and after any judgment) on the amount unpaid
at the rate of five per cent per annum above the Bank of England base rate from
time to time until payment in full is made.
This contract shall be construed in accordance with English Law and shall be subject
to the jurisdiction of the English Courts.
Our Contact details:
PO Box 259 Stroud Gloucestershire GL6 8WY United Kingdom
Phone: 01453 883658
Fax: 01453 882008
Email: emma [at] echsolutions [dot] co [dot] uk
|Reaching Us If you need to reach us, please email us using the link on the store page, alternatively, you can call on 01453 883658 (International +44 01453 883658) or fax us on 01453 882008 or write to us at PO Box 259 Stroud Gloucestershire GL6 8WY United Kingdom|
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes