{"id":1629,"date":"2019-08-22T10:45:19","date_gmt":"2019-08-22T10:45:19","guid":{"rendered":"http:\/\/danbys.2hdev.co.uk\/?page_id=1629"},"modified":"2019-08-22T10:45:20","modified_gmt":"2019-08-22T10:45:20","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/danbys.co.uk\/index.php\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"

B Danby & Co Limited Terms of Trading<\/h1>\n
\n

1. Business customers and consumers<\/h3>\n

1.1\u00a0 Some of these terms apply to consumers only; some apply to business customers only.\u00a0 Those terms are marked as such.
\n1.2\u00a0 All other terms apply to all customers.
\n1.3\u00a0 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
\n1.4\u00a0 If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer, which are not affected by these terms.\u00a0 Contact your local trading standards office for more information.\u00a0 Words in\u00a0italic<\/em>\u00a0type<\/em>\u00a0are legal words which clarify, rather than alter, the meaning of the relevant clause.<\/p>\n

2. Price<\/h3>\n

2.1\u00a0 The price quoted excludes VAT (unless otherwise stated).\u00a0 VAT will be charged at the rate applying at the time of delivery.
\n2.2\u00a0\u00a0Our quotations lapse after 30 days (unless otherwise stated).<\/p>\n

    \n
  1. \n
      \n
    1. The price quoted includes delivery (unless otherwise stated).<\/li>\n
    2. Cable drums are charged in accordance with Makers drum schedules.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

      2.5\u00a0\u00a0 Business customers:\u00a0<\/strong>unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
      \n2.6\u00a0\u00a0 Business customers:\u00a0<\/strong>rates of tax and duties on the goods will be those applying at the time of delivery.
      \n2.7\u00a0\u00a0\u00a0Business customers:\u00a0<\/strong>at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.<\/p>\n

      3. Delivery<\/h3>\n

      3.1\u00a0\u00a0 All delivery times quoted are estimates only.
      \n3.2\u00a0\u00a0 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
      \n3.2.1\u00a0 you may not cancel if we receive your notice after the goods have been dispatched; and
      \n3.2.2\u00a0\u00a0 if you cancel the contract, you can have no further claim against us under that contract.
      \n3.3\u00a0\u00a0 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including\u00a0indirect or consequential loss,\u00a0<\/em>or increase in the price of the goods).
      \n3.4\u00a0\u00a0We may deliver the goods in installments.\u00a0 Each installment is treated as a separate contract.
      \n3.5\u00a0\u00a0 We may decline to deliver if:
      \n3.5.1\u00a0 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
      \n3.5.2\u00a0\u00a0the premises (or the access to them) are unsuitable for our vehicle.<\/p>\n

      4. Risk<\/strong><\/h3>\n

      4.1\u00a0The goods are at your risk from the time of delivery.
      \n4.2\u00a0 Delivery takes place either:
      \n4.2.1\u00a0at our premises (if you are collecting them or arranging carriage); or
      \n4.2.2\u00a0 at your premises or address specified by you (if we are arranging carriage).
      \n4.3\u00a0\u00a0\u00a0\u00a0\u00a0 You must inspect the goods on delivery.\u00a0 If any goods are damaged you must write, \u201cdamaged\u201d on the delivery note. If goods are damaged or not delivered you must write to tell us within fivedays of delivery or the expected delivery time.\u00a0 You must give us (and any carrier) a fair chance to inspect the damaged goods<\/p>\n

      5. Payment terms<\/strong><\/h3>\n

      5.1\u00a0You are to pay us in cash or in cleared funds on delivery, unless you have an approved credit account.
      \n5.2\u00a0\u00a0Business customers:\u00a0<\/strong>If you have an approved credit account, payment is due no later than the end of the month following the date of the delivery of the goods or invoice whichever is sooner unless otherwise agreed in writing.
      \n5.3\u00a0\u00a0\u00a0 If you fail to pay us in full on the due date we may:
      \n5.3.1\u00a0suspend or cancel future deliveries;
      \n5.3.2\u00a0 cancel any discount offered to you;
      \n5.3.3\u00a0\u00a0charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;<\/p>\n

        \n
      1. calculated (on a daily basis) from the date of our invoice until payment;<\/li>\n
      2. compounded on the first day of each month; and<\/li>\n
      3. before and after any judgment (unless a court orders otherwise);<\/li>\n<\/ol>\n
          \n
        1. \n
            \n
          1. \n
              \n
            1. claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n
                \n
              1. \n
                  \n
                1. \n
                    \n
                  1. recover (under clause 5.8) the cost of taking legal action to make you pay.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

                    5.4\u00a0\u00a0 If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment.\u00a0 We may take any of these actions at any time and without notice.
                    \n5.5\u00a0\u00a0\u00a0Business Customers:\u00a0<\/strong>you do not have the right to set off any money you may claim from us against anything you may owe us.
                    \n5.6\u00a0\u00a0\u00a0 Consumers:\u00a0<\/strong>you may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
                    \n5.7\u00a0\u00a0\u00a0\u00a0While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien<\/em>).
                    \n5.8\u00a0\u00a0\u00a0\u00a0 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
                    \n5.9\u00a0\u00a0\u00a0\u00a0Consumers:\u00a0<\/strong>clause 5.8 means that you are liable to us for losses we incur because you do not comply with these terms.\u00a0 We may claim those losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.<\/p>\n

                    6. Title<\/h3>\n

                    6.1\u00a0\u00a0Consumers:\u00a0<\/strong>your statutory rights are unaffected.
                    \n6.2\u00a0\u00a0\u00a0Business customers:\u00a0<\/strong>until you pay all debts you may owe us:
                    \n6.2.1\u00a0\u00a0 all goods supplied by us remain our property;
                    \n6.2.2\u00a0\u00a0\u00a0you must store them so that they are clearly identifiable as our property;
                    \n6.2.3\u00a0\u00a0\u00a0 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
                    \n6.2.4\u00a0\u00a0\u00a0\u00a0 you may use those goods and sell them in the ordinary course of your business, but not if:<\/p>\n

                      \n
                    1. we revoke that right (by informing you in writing); or<\/li>\n
                    2. you become insolvent.<\/li>\n<\/ol>\n

                      6.3\u00a0\u00a0\u00a0 Business customers:\u00a0<\/strong>you must inform us (in writing) immediately if you become insolvent.
                      \n6.4\u00a0\u00a0\u00a0\u00a0Business customers:\u00a0<\/strong>if your right to use and sell the goods ends you must allow us to remove the goods.
                      \n6.5\u00a0\u00a0\u00a0\u00a0Business customers:\u00a0<\/strong>we have your permission to enter any premises where the goods may be stored:
                      \n6.5.1\u00a0\u00a0\u00a0at any time, to inspect them; and
                      \n6.5.2\u00a0\u00a0 after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
                      \n6.6\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
                      \n6.7\u00a0\u00a0\u00a0\u00a0\u00a0You are not our agent.\u00a0 You have no authority to make any contract on our behalf or in our name.<\/p>\n

                      7\u00a0\u00a0\u00a0Warranties<\/h3>\n

                      7.1\u00a0\u00a0\u00a0\u00a0We warrant that the goods:
                      \n7.1.1\u00a0\u00a0\u00a0comply with their description on our acknowledgement of order form; and
                      \n7.1.2\u00a0\u00a0\u00a0are free from material defect at the time of delivery (as long as you comply with clause 7.4).
                      \n7.2\u00a0\u00a0\u00a0\u00a0Business customers:<\/strong>\u00a0we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
                      \n7.3\u00a0\u00a0\u00a0Consumers:\u00a0<\/strong>the warranty in clause 7.1 is in addition to your statutory rights.
                      \n7.4\u00a0\u00a0\u00a0If you believe that we have delivered goods which are defective in material or workmanship, you must:
                      \n7.4.1\u00a0\u00a0inform us (in writing), with full details, as soon as possible; and
                      \n7.4.2\u00a0\u00a0allow us to investigate (we may need access to your premises and product samples).
                      \n7.5\u00a0\u00a0\u00a0 If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.4) in full, we will (at our option) repair the goods replace the goods or refund the price.
                      \n7.6\u00a0\u00a0We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);<\/p>\n

                        \n
                      1. \n
                          \n
                        1. \n
                            \n
                          1. direct financial loss, loss of profits or loss of use; and<\/li>\n
                          2. indirect or consequential loss<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

                            7.7\u00a0\u00a0Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to five million pounds.
                            \n7.8\u00a0 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
                            \n7.9\u00a0 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.<\/p>\n

                            8. Specification<\/h3>\n

                            8.1\u00a0\u00a0 If we prepare the goods in accordance with your specifications or instructions you must ensure that:<\/p>\n

                              \n
                            1. \n
                                \n
                              1. \n
                                  \n
                                1. the specifications or instructions are accurate;<\/li>\n
                                2. goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and<\/li>\n
                                3. your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

                                  8.2\u00a0 Business Customers<\/strong>: We reserve the right;
                                  \n8.2.1\u00a0\u00a0to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and
                                  \n8.2.2\u00a0\u00a0 to make without notice any minor modifications in our specifications we think necessary or desirable.<\/p>\n

                                  9.\u00a0Return of goods<\/h3>\n

                                  9.1\u00a0\u00a0 We will accept the return of goods from you only:
                                  \n9.1.1\u00a0\u00a0\u00a0by prior arrangement (confirmed in writing);<\/p>\n

                                    \n
                                  1. \n
                                      \n
                                    1. \n
                                        \n
                                      1. \n
                                          \n
                                        1. on payment of an agreed handling charge (unless the goods were defective when delivered) and<\/li>\n
                                        2. where the goods are as fit for sale on their return as they were on delivery.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

                                          10.\u00a0Cancellation<\/h3>\n

                                          10.1\u00a0 You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 10.2 then apply).
                                          \n10.2\u00a0 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
                                          \n10.3\u00a0 We may suspend or cancel the order, by written notice if:
                                          \n10.3.1\u00a0 you fail to pay us any money when due (under the order or otherwise);
                                          \n10.3.2\u00a0\u00a0 you become insolvent;
                                          \n10.3.3\u00a0\u00a0you fail to honour your obligations under these terms.<\/p>\n

                                          11. Waiver and variations<\/h2>\n

                                          11.1\u00a0\u00a0 Any waiver or variation of these terms is binding in honour only unless:
                                          \n11.1.1\u00a0 made (or recorded) in writing;
                                          \n11.1.2 \u00a0signed on behalf of each party; and
                                          \n11.1.3\u00a0 expressly stating an intention to vary these terms.
                                          \n11.2\u00a0 \u00a0All orders that you place with us will be on these terms (or any that we may issue to replace them).\u00a0 By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
                                          \n12\u00a0\u00a0\u00a0Force majeure- business customers only
                                          \n12.1\u00a0\u00a0 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
                                          \n12.2\u00a0 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.<\/p>\n

                                          13. General<\/h2>\n

                                          13.1\u00a0 English law is applicable to any contract made under these terms.\u00a0 The English and Welsh courts have non-exclusive jurisdiction.
                                          \n13.2\u00a0\u00a0If you are more than one person, each of you has joint and several obligations under these terms.
                                          \n13.3\u00a0\u00a0If any of these terms are unenforceable as drafted:
                                          \n13.3.1\u00a0 it will not affect the enforceability of any other of these terms; and
                                          \n13.3.2\u00a0\u00a0if it would be enforceable if amended, it will be treated as so amended.
                                          \n13.4\u00a0\u00a0\u00a0\u00a0\u00a0We may treat you as insolvent if:
                                          \n13.4.1\u00a0\u00a0 you are unable to pay your debts as they fall due; or
                                          \n13.4.2\u00a0\u00a0\u00a0 you (or any item of your property) become the subject of:<\/p>\n

                                            \n
                                          1. \u00a0any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);<\/li>\n
                                          2. any application or proposal for any formal insolvency procedure; or<\/li>\n
                                          3. any application, procedure or proposal overseas with similar effect or purpose.<\/li>\n<\/ol>\n

                                            13.5\u00a0\u00a0Business customers:\u00a0<\/strong>All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
                                            \n13.6\u00a0\u00a0 Business customers:\u00a0<\/strong>Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other\u2019s registered office or principal place of business.\u00a0 All such notices must be signed.
                                            \n13.7\u00a0\u00a0\u00a0\u00a0No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
                                            \n13.8\u00a0\u00a0\u00a0\u00a0The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either:
                                            \n13.8.1\u00a0\u00a0 contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
                                            \n13.8.2\u00a0\u00a0\u00a0 which expressly state that you may rely on them when entering into the contract.
                                            \n13.9\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Nothing in these terms affects or limits our liability for fraudulent misrepresentation.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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