Terms and Conditions
(i) UVEX SAFETY (UK) Limited (“the Seller”) sells the goods only subject to these terms and a person seeking to purchase goods (“the Customer”) from the Seller accepts that these terms shall govern relations between the Seller and the Customer to the exclusion of any other terms, even if those other terms are contained in any of the Customer’s documents which purport to provide that the Customer’s own terms shall prevail.
(ii) All quotations dispatched by the Seller comprise invitations to treat. Any order by the Customer is subject to acceptance by the Seller.
(iii) Acceptance of the order by the issue of a Sales Order Acknowledgement by the Seller creates a binding contract between the Seller and the Customer for the sale of goods (“the goods”) on these terms. However, the Seller reserves the right before delivery of the goods to cancel such contract, without recourse, by notice in writing if the Customer’s credit worthiness is not to the Seller’s satisfaction.
(iv) A minimum order value of £100 applies to all orders other than prescription eyewear.
(v) The Seller’s prices are exclusive of VAT. A delivery charge for any orders under £500 will be made within the UK or Republic of Ireland unless otherwise agreed in writing. Orders are despatched for delivery on the next business day wherever possible (or the day after that for postcodes in Scotland, Ireland and the North of England). In the event that Customers may request timed deliveries, the Seller will use best efforts to facilitate this, but will recharge to the Customer at cost any surcharges that may be levied by the carrier. Such costs will be notified to the Customer before the order is confirmed.
(i) Payment of sums due hereunder shall be made within 28 days of the date of the invoice and the customer shall be liable to the Seller as a principal whether or not he purports to act or contract as an agent.
(ii) Time shall be of the essence in respect of payment by the Customer. If the Customer fails to make payment in accordance with Clause 2(i) above the, without prejudice to the Seller’s other remedies:- a) The Customer shall pay the Seller on demand interest at the rate of 2% per month calculated on a day to day basis, and compounded monthly, on the unpaid balance of the price; the Seller may rescind this contract and may retain any of the goods intended for the Customer in order to discharge any sums which the Seller may be owed by the Customer, and the Seller may cancel or postpone the performance of any other contract the Seller might have with the Customer.
(iii) An order cannot be cancelled after its acceptance, except by mutual arrangement and the payment of all liabilities incurred.
(i) Goods shall be delivered as soon as they are ready. Claims for shortage on delivery must be notified to the Seller in writing, which may include email within 7 days following delivery. In cases where deferred deliveries have been arranged such deliveries shall be completed within three months from the first delivery or within such other period as may be specified in the order and accepted by the seller. In the event of failure to accept delivery as arranged the balance remaining ‘undelivered’ shall be invoiced and storage costs charged to the Customer’s account, the goods being held at the sole risk of the customer.
(ii) The Seller will accept no responsibility for any loss or damage caused by any delay in delivery howsoever arising. All risk of loss or damage of any kind whatsoever in the goods shall pass to the Customer upon their delivery to the Customer or his agent or carrier as the case may be.
The Customer should refer at all times to the Company’s published procedure on returns.
5. Price Variation:
Whereas all quotations are based on the then current cost of the goods to the Seller, they are subject to amendment on or after acceptance to reflect those, prevailing on the date of delivery.
6. Liability and Indemnity:
(i) The Seller shall not in any circumstances whatsoever be liable to the Customer for any loss or damage in excess of the price of the goods, howsoever caused involving any personal property or interest, suffered by the Customer directly or indirectly, in connection with the use, functioning or state of the goods, save insofar as the Customer suffers death or personal injury resulting from the negligence of the Seller as defined in the Unfair Contract Terms Act 1977 (or any re-enactment or statutory amendment thereof). In particular, but without prejudice to the generality of the foregoing, where the Customer purchases the goods in connection with the Customer’s business as an organiser of “war games” the Seller shall not in any circumstances be liable to the Customer for any loss suffered by the Customer in respect of claims by third parties who have suffered death or personal injury while using the goods.
(ii) The Customer shall effect and keep in effect at the Customer’s expense suitable insurance against any liability suffered by the Customer in connection with the goods including the indemnity given by the customer to the Seller in Clause 6(2) and the Customer shall procure that the interest of the Seller is noted on the insurance policy. The Customer shall pay punctually and premiums payable under the aforesaid Policy and on demand shall produce to the Seller a copy of the Policy and the receipt of the current insurance premium.
7. Quality and Conditions of Goods:
(i) No representation or warranty is given as to the suitability or fitness of the goods for any or any particular purpose and the Customer shall himself in this respect and shall be totally responsible therefore. In particular, but without prejudice to the generality of the foregoing, no representation or warranty is given as to the suitability or fitness of the goods for the purpose of providing bodily protection where the goods are used in connection with the Customer’s business as an organiser of “war games” and the Customer shall not rely on the skill and judgement of the Seller to ensure the goods are suitable for any particular purpose (whether or not such purpose may be known to the Seller).
(ii) The Seller accepts no liability whatsoever in regard to the goods where the Customer or third party misuses the goods, does not use the goods for their intended purpose and or does not use the goods in the correct manner or in accordance with user guidance or instructions.
8. Force Majeure:
Every effort will be made by the seller to carry out the contract but due performance of it is subject to variation or cancellation in the event of Act of God, war, strikes, lockouts, fire, flood, or any other cause beyond the Seller’s control.
9. Headings and Construction:
(i) Headings do not form part of these terms and conditions of sale.
(ii) In the event that any of the terms and conditions of sale shall be found void but would be valid if some part thereof were deleted or the duration, extent or application were altered or reduced, such term or condition shall apply with any such modification as may be necessary to make it valid and effective.
10. Governing Law:
These terms and conditions of sale shall in all respects be governed by and construed in accordance with English law.
These terms and conditions of sale shall supersede and replace all earlier negotiations or agreements between the parties, whether oral or written. These terms and conditions are deemed to incorporate all the terms of the contract of sale between the Seller and the Customer and their interpretation shall not be coloured by prior negotiation. No amendment or modification of these terms and conditions shall be binding on either party unless reduced to writing and signed by both parties.