TERMS AND CONDITIONS
1.This document tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.a1-equipment.co.uk (our site) to you.
2. If you would like to buy from our site we recommend that you print a copy of these Terms and Conditions. Please read these Terms and Conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.
3. The products that we supply are sold only on condition that they are for intended use in the purchaser`s business. This site is not available for consumers, (a consumer being any natural person who contracts for purposes outside of his business). If you buy Products from us, you are deemed not to be a consumer.
4. Information about us
4.1 We operate the website www.a1-equipment.co.uk. Our main trading address is Clayfield Industrial Estate, Tickhill Road, Doncaster, South Yorkshire, DN4 8QG, UK. Our VAT number is GB 642 6235 49
5. Price and Payment
5.1 You may pay by Visa, MasterCard, Maestro or Visa Debit.
We only accept card payment for orders to be delivered within the UK. You will need to contact us in order to arrange to pay for Products to be delivered outside of the UK. If you place, and pay for by card, an order for delivery outside of the UK, we may contact you to arrange for payment by another method.
6. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation (as defined below).
7. How the contract is formed between you and us
7.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
7.2 The Contract will relate only to the Products whose dispatch we have confirmed in the Dispatch
Confirmation. We will not be obliged to supply any other Products which may have been part of your order
until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
8. Deliveries to addresses outside mainland UK may be possible but there is a surcharge for this service. You will need to enquire of us.
9.1 No order may be cancelled without our consent. If we do consent to an order cancellation, we may make a handling charge for returned goods.
10. Claims for breakages or other damage in transit to you should be made on 01302 310099 within 2 working days of receipt.
11. VAT. All prices shown exclude VAT which will be added at the prevailing rate.
12. Delivery Details
12.1 Highlands and Islands. An extra carriage charge may apply to these areas, in which case we will contact you before accepting your order.
13. Loss or Damage
We replace goods damaged in transit provided that we are informed within 2 working days of delivery. Damaged goods may be refused on delivery and the carrier will return them to us. Any damage apparent on delivery should be noted on the carrier` documentaion (paper or electronic). If the damage is not immediately evident the goods should be retained for inspection and returned at our request if necessary. We will replace goods lost in transit provided that we are notified within 4 days of the required delivery date that goods have not been delivered. A signature on the delivery company`s system indicating that the customer has received delivery of the goods is to be accepted as proof of delivery.
14. If the recipient is not there to receive a parcel the carrier may leave a card with contact details so that redelivery or collection can be arranged. If you need the parcel to be redelivered to a different address then we will need to arrange this with the carrier, although extra charge may be incurred.
15. Risk and Title
15.1 The Products will be at your risk from the time of delivery.
15.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
16. Our Liability
16.1 Subject to clause 16.2, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Products.
16.2 Nothing in these Terms and Conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
17. Product Suitability. The purchaser is to ensure the suitability and accuracy of any product for its intended use.
18. Import Duty
18.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
20. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
21 .Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to A1 Equipment at Clayfield Industrial Estate, Tickhill Road, Doncaster, DN4 8QG.
24. The contract between you and us is binding on you and us and on our respective successors and assignees.
25. You may not transfer, assign, charge or otherwise dispose of a Contract, or any or your rights or obligations arising under it, without prior written consent.
26. We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
27. Events Outside our Control
27.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
27.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transfer or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government.
28. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
29.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
29.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
29.3 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 24 above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be served from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
31. Entire Agreement
31.1 These Terms and Conditions constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
31.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
31.3 Each of us agrees that our only liability in respect of these representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.
31.4 Nothing in this clause limits or excludes any liability for fraud.
32. Our right to vary these Terms and Conditions
32.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
32.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
33. Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the nonexclusive jurisdiction of the courts of England and Wales.