Your Cart is Empty
EAST ANGLIAN BEARING SERVICE LIMITED TERMS AND CONDITIONS (Internet Sales)
1 The contract between us We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will (if required) confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. 2 Price 2.1 The prices payable for goods that you order are as set out in our Online Shop catalogue. 2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in the "Shopping Basket" area of our website. 3 Right for you to cancel your contract 3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after delivery of the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 3.2 To cancel your contract you must notify us in writing. 3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. 3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days beginning with the day on which notice of cancellation was given PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. 3.5 We reserve the right to supply substitute goods of equivalent quality, specification and price, in the event that ordered goods are unavailable. If you cancel the contract in these circumstances, the cost of returning such substitute goods will be met by us. 4 Cancellation by us 4.1 We reserve the right to cancel the contract between us if: 4.1.1 we have insufficient stock to deliver the goods you have ordered; 4.1.2 we do not deliver to your area; or 4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. 4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. 5 Delivery of goods to you 5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. 5.2 Delivery will be made as soon as possible after your order is accepted (normally between three and five working days) and in any event within 30 days of your order. 5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 6 Liability 6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question. 6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you have a justifiable complaint, our only obligation will be, at your option: 6.2.1 to make good any shortage or non-delivery; 6.2.2 to replace or repair any goods that are damaged or defective; or 6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose. We will not replace, repair or provide a refund for damaged or defective goods until those goods have been returned to us for inspection. 6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(c) above. 6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. 6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. 7 Notices Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at East Anglian Bearing Service Limited, 19/21 Great Whip Street, Ipswich IP2 8EY and all notices from us to you will be sent to the delivery address quoted in your order. 8 Events beyond our control We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. 9 Invalidity If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. 10 Privacy You acknowledge and agree to be bound by the terms of our privacy policy. 11 Third party rights Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. 12 Governing law The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. 13 Entire agreement These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
|
EAST ANGLIAN BEARING SERVICE LIMITEDSTANDARD TERMS AND CONDITIONS
|
| TERMS OF SALE |
| 1 Interpretation |
| l.l Inthese Terms: |
| "BUYER" means the person who accepts the Seller's Written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller; |
| "GOODS" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms; |
| "SELLER" means East Anglian |
| Bearing Services Limited (registered number 00835726); |
| "CONTRACT' means the contract |
| for the sale and purchase of the Goods; |
| "TERMS" means the standard terms |
| of sale set out in this document and (unless the context otheiwise requires) includes any special terms agreed in Writing between the Buyer and the Seller; |
| "WRITING", and any similar expression, includes facsimile transmission and comparable means of communication, but not electronic mail. |
| l.2 A reference in these Terms to a |
| provision of a statute shall be construed as a reference to that provision as amended, r ed or extended at the relevant time. |
| 1.3 The headings in these Terms are for |
| convenience only and shall not affect their interpretation . |
| 2 Basis of the sale |
| 2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Seller's Written quotation (if accepted by the Buyer), or the Buyer's Written order (ifaccepted by the Seller), subject in either case to these Terms, which shall govern the Contract to the |
| exclusion of any other terms subject to which any |
| such quotation is accepted or purported to be |
| accepted, or any such order is made or purported to be made, by the Buyer. |
| 2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller. |
| 2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation. |
| 2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer 's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed. |
| 2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any |
| liability on the part of the Seller. |
| 3 Orders and specifications |
| 3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving i:be Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to |
| perform the Contract in accordance with its terms. |
| 3.2 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Seller). |
| 3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a resuh of cancellation. |
| 4 Price of the goods |
| 4.1 The price of the Goods shall be the Seller's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller's published price list current at the date of acceptance of the order. |
| 4.2 The Seller reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. |
| 4.3 Except as otherwise stated in the Seller's Written quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Buyer shall be liable to pay the Seller's charges for transport, packaging and insurance . |
| 4.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller. |
| 4.5 The cost of returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date. |
| 5 Terms of payment |
| 5.1 , Except where a Buyer has a trade account th the Seller, the price of the Goods shall |
| be paid in :cash on delivery. |
| 5.2 In of trade accounts:- |
| 5.2.l i Subject to any special terms agreed in |
| Writing between the Buyer and the |
| Seller, the Seller may invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the |
| Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to |
| invoice the Buyer for the price at |
| any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods. |
| 5.2.2 The Buyer shall pay the price of the Goods without ant deduction within 30 days of the date of the Seller's invoice, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not p to the Buyer. The time of payment of the price shall be of the essence of the Contract . Receipts for payment will be issued only upon request |
| 5.3 If the Buyer fails to make any |
| payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller may: |
| 5.3.l cancel the contract or suspend any |
| further deliveries to the Buyer; |
| 5.3.2 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 (notwithstanding any purported appropriation by the Buyer); and |
| 6 Delivery |
| 6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place. |
| 6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer. |
| 6.3 Where the Goods are to be |
| delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. |
| 6.4 If the Seller fails to deliver the |
| Goods (or any instalment) for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. |
| 6.5 If the Buyer fails to take delivery |
| of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without limiting any other right or remedy |
| available to the Seller, the Seller may: |
| 6.5.1 store the Goods until actual |
| delivery and charge the Buyer for the |
|
reasonable costs (including insurance) of storage; or |
| 6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the· Buyer for the exces.s over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. |
| 7 Risk and property |
| 7.1 Risk of damage to or loss of the Goods shall pass to the Buyer: |
| 7.1.1 in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or |
| 7.1.2 in the case of Goods to be delivered |
| otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods. |
| 7.2 Notwithstanding delivery and the |
| passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. |
| 7.3 Until such time as the property in the |
| Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's .fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property, but the Buyer may resell or use the Goods in the ordinary course of its business. |
| 7.4 Until such time as the property in the |
| Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller may at any time require the Buyer to deliver up the Goods to the Seller and, ifthe Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. |
| 7.5 The Buyer shall not be entitled to |
| pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but ifthe Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable. |
| 8 Warranties and liability |
| 8.1 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. |
| 8.2 Where the Goods are sold under a consumer transaction (as de.fined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Terms. |
| 8.3 A claim by the Buyer which is based |
| on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. Ifdelivery is not refused, and the Buyer does not notify the |
| Seller accordingly, the Buyer shall not be entitled |
| to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as ifthe Goods had been delivered in accordance with the Contract. |
| 8.4 Where a valid claim in respect of any of |
| the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the |
| price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer. |
| 8.5 Except in respect of death or personal |
| injury caused by the Seller's negligence, or liability for defective products under the Consumer Protection
Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent),
or any implied warranty, condition or other term, or any duty at common law, or under the express
terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage,
costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of
the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply
of the Goods (including any delay in supplying or any failure
to supply the Goods in accordance with the Contract |
| or at all) or their use or resale by the Buyer, and the |
| entire liability of the Seller under or :in connection with the Contract shall not exceed tlie price of the Goods, except as expressly provided in these Terms. ' |
| 8.6 The Seller shall not be 1 liable to the Buyer or be deemed to be in breach qfthe Contract by reason of any delay in performing, ; or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control: |
| 8.6. l Act of God, explosion, flood, tempest, |
| fire or accident; |
| 8.6.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition; |
| 8.6.3 acts, restrictions, regulations, bye-laws, |
| prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; |
| 8.6.4 import or export regulations '·.or |
| embargoes; |
| 8.6.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); |
| 8.6.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; |
| 8.6.7 power failure or breakdown in machinery. |
| 9 Insolvency of bnyer |
| 9.1 This clause 9 applies if: |
| 9.1.l the Buyer makes a voluntary |
| arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or |
| 9.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or of the Buyer; or |
| 9.1.3 the Buyer ceases, or threatens to cease, to carry on business; or |
| 9.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the |
| Buyer and notifies the Buyer |
| accordingly. |
| 9.2 If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous |
| agreement or arrangement to the contrary. |
| 10 General |
| 10.l A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. |
| 10.2 No waiver by the Seller of any |
| breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. |
| 10.3 If any provision of the Contract is |
| held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected. |
| 10.4 The Contract shall be governed by |
| the laws of England, and the Buyer agrees to submit to the non xclusive jurisdiction of the English courts. |