Terms And Conditions
These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1. SITE ACCESS
1.You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only if you have registered.
2. USE OF WEBSITE
1.You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
3.Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3. SITE UPTIME
1.We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
2.This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. VISITOR CONDUCT
2.When using this website you shall not post or send to or from this Website any material:
(a)for which you have not obtained all necessary consents;
(b)that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c)which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
3.We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.
5. LINKS TO AND FROM OTHER WEBSITES
1.Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
2.If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a)you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b)you do not misrepresent your relationship with us or present any false information about us;
(c)you do not link from a website that is not owned by you; and
(d)your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
3.If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
1.We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
2.The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7. EXCLUSION OF LIABILITY
1.Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
2.Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
8. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
9. OUR DETAILS
Our business’s name is: D. W. Nye Ltd
Our business address is: Dorking Road, Kingsfold, West Sussex. RH12 3SD
Our contact Tel No: 01306 628114
Company Reg: 1841171
CONDITIONS OF SALE
The Company shall mean D.W.Nye Ltd and “The Purchaser” shall mean the other party in any quotation offer and contract with the Company.
No addition to variation of or exclusion of these conditions or any of them (whether contained in any official order form of the Purchaser or otherwise) shall be binding on the Company unless such addition, variation or exclusion has been expressly and specifically accepted in writing by the Company.
3. Prices and Quotations
Printed prices and/or Quotations are subject to alteration or withdrawal without notice Price changed are those ruling at date if despatch.
4. Vale Added Tax
All prices quoted are exclusive of Value Added Tax which will be charged at the rate applicable at date of despatch.
All catalogues, brochures, specifications or other technical characteristics, data or descriptive matter including any sales promotional material issued by the Company are intended to give a general description of the goods offered and shall not form party to any contract unless it shall be expressly agreed otherwise in writing.
Illustrations are given for the guidance of the Purchaser and are intended to show the types of fittings offered. The Company does not undertake to supply as illustrated.
Whilst the Company makes every effort to ensure that the goods supplies are of merchantable quality it gives no warrant either express or implied as the their suitability for any special conditions or particular purpose of which the Purchaser must be the sole judge.
8. Special Goods
Orders for special goods to Purchasers specifications or outside the Company’s standard stock range once placed may not be cancelled with out Company specific agreement in writing. Cancellation will only be accepted subject to payment of all expenses uncured by the Company and such additional charge not exceeding the cost of the order as placed as may be made by the Company to cover loss or profit or by way of penalty
The Purchase will hold the Company indemnified absolutely against all claims expenses and charges in respect of any infringement of alleged infringement of a third party’s patent, registered design, Trade Mark or other right in respect if goods made to the Purchaser’s specification and against any claim for loss, injury or damage howsoever caused which may be sustained by any third party after delivery if the goods.
9. Direct Orders and Site Deliveries
The Company will despatch goods direct to a third party or site at the Purchasers request. Goods send to a third party or to a site are despatched at the Purchasers risk. Carriage will be applied in accordance with clause 12.
10. Special Routing
Goods will be sent by any special rout or carrier, by post or any other means at the Purchaser’s request. All goods so despatched are sent at the Purchaser’s risk and any carriage expanses incurred will be charged.
Goods delivered by the Company’s own vehicles are delivered free of charge unless below the Company’s scale of carriage charges in force at the time, copies of which are available on request.
Any delivery dates or periods quoted by the Company are estimated only, given in good faith and the Company shall on the liable for any loss or damages whether direct or consequential resulting from any failure to meet such delivery dates or periods. All goods shall be delivered to the Purchaser’s premises in the United Kingdom and risk in the goods shall be passed in such delivery. Goods offered from stock are offered subject to the still being available when the Purchaser’s order is received.
- Where delivery is made by the Company’s vehicle, or the Company designated carrier. When the goods are unloaded at the location specified by the Purchaser, or
- Where goods are collected at the time of collection by the Purchaser or his agent from the Company’s premises
The risk in the goods shall pass to the Purchaser on delivery.
14. Retention of Title
Until full payment had been received by the Company for all goods whatsoever supplied at any time by the Company to the Purchaser.
- Property in the goods shall remain in the Company
- Should the goods or any of them be converted into a new product whether or not such conversion involved the admixture of any other good or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the legal and beneficial ownership of the new products.
- Subject to (d) and (e) below the Purchaser shall be at liberty to sell the goods and the new products referred to in (b) above in the ordinary course of business on the basis that the proceeds of sale will remain the property of the Company and the Company shall have the full legal and benefit ownership of the goods and such new products and the proceeds of sale be the property of the Company to whom the Purchaser shall account in dement until the Company is paid in full.
- The Company may at any time revoke the Purchasers power of sale by notice to the Purchaser if the Purchaser if in default for longer than seven days in the payment of any sum whatsoever due to the Company (whether in respect of the goods or any other goods supplied at any time by the Company to the Purchaser or for any reason whatsoever) or if the Company has bona fide doubts as to the solvency of the Purchaser
- The Purchaser’s power of sale shall automatically cease if a receiver is appointed over the assets or the undertaking of the Purchaser or a Winding Up Order is made against the Purchaser of the Purchaser goes into voluntary liquidation (otherwise than against the Purpose of reconstruction or amalgamation) or calls a meeting for making arrangements or composition with creditors or commits any act of bankruptcy.
- Upon determination of the Purchaser’s power of sale of (d) or (e) above the Purchaser shall place the goods and the new products at the disposal of the Company who shall be entitled to enter upon any premises of the Purchaser for the purpose of removing the goods and the new products and the remove such goods and new products from the premises (including severance from realty where necessary).
15. Non-Delivery and Damage in Transit
- All goods should be signed for “unexamined” except under sub clause (c) below.
- Non-delivery must be notified to the Company in writing within seven days of date of despatch.
- Consignments delivered obviously damaged or partial delivery must be signed for as such and both the Company and the carriers notified immediately in writing (where consignments are despatched in more than one package the labels are marked with the number of packages in the consignment).
- Every notification under this clause to be made by First Class Post.
- The Company accepts no responsibility for any loss or damage under this clause unless the above conditions are fulfilled completely.
Payment shall be made within the calendar month following that in which the goods were despatched and is strictly nett. Overdue accounts will carry interest at the rate of 24% per month or any part thereof. Any default in payment shall entitle the Company to suspend, withhold or cancel delivery without prejudice to any subsequent claim, which the Company may have for non-fulfilment.
No goods may be returned without prior written consent of the Company. A minimum of 20% restocking charge will be made on all goods returned. Goods returned must be suitable condition for resale clearly identified, adequately packed and delivered to the Company’s premises carriage paid.
18. Faulty Goods
- All claims in respect of faulty goods must be submitted by the Purchaser in writing immediately upon the fault being discovered, giving full details of the fault ad if fitted and conditions under which the faulty article was operating. The Company reserves the right to inspect any faulty goods on site should the Company so require otherwise all faulty goods must be returned to the Company’s premises carriage paid clearly identified and give the date of supply. All claims are subject to the Purchaser proving that the Company supplied the faulty goods within the preceding 12 months. The Company gives no warranty either express or implied in respect of goods supplied by it, but it does undertake to repair, refund the cost of our replace free of charge at it absolute discretion any good proved to be faulty.
- Any admission of liability is invalid unless given specifically in writing and signed by a Director of the Company.
- The Company’s liability under this clause shall be in lieu of all warranties or conditions and liabilities whatsoever implied by law, statue or otherwise as to the goods and save as provided in this clause neither the Company nor its servants and agents shall be under any liability whether in contract, or otherwise howsoever, in respect of the goods or any injury, damage or loss whatsoever and howsoever resulting there from of from any work done in connection therewith.
19. New Accounts
Consideration will be given to the granting of credit account facilities on receipt of the following information.
- Trading title and full details including business activities.
- The name and address of the bankers to whom reference may be made.
- Two approved trade references.
20. Legal Jurisdiction
Any contract subsisting between the Company and the Purchaser shall be construed in all respects in accordance with the Laws of England and unless otherwise arranged is subject to jurisdiction of the English Courts.
21. Clerical Errors
Any omission or error is subject to correction without notice.
Failure by the Company to enforce any particular clause of these conditions of sale shall not be taken as a waiver of any other clause.