STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES OF Topstak Ltd
In this document the following words shall have the following meanings:
1. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
2. “Customer” means any person who purchases Goods and Services from the Supplier;
3. “Goods” means the articles specified in the Proposal;
4. “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
5. “Services” means the services specified in the Proposal;
6. “Supplier” means Topstak of Unit 42 Vale Business Park, Llandow, Cowbridge, Vale Of Glamorgan, CF71 7PF;
7. “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
1. These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
4. Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3. THE ORDER
1. The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days
2. The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3. All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4. PRICE AND PAYMENT
1. The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
2. Payment of the price shall be in the manner specified in the Proposal.
1. All deliveries will be ‘Economy’ which is 2-3 days from despatch. However due to the current UK driver shortage, deliveries can take longer than expected.
2. Normal delivery times are Mon-Fri between 9 a.m. and 5 p.m.
3. Orders received by MIDDAY will be dispatched on the next working day unless lead times are specified.
4. Free delivery exclusions apply to items including (but no limited to) chimney pots, chimney systems, firewood and some BBQ’s which need to be sent out via a pallet courier.
5. Delivery to mainland Wales, England and Scotland only.
6. Saturday delivery is available at an additional cost, please contact the office on 01446 771567 in order for us to quote.
7. Delivery to mainland Wales and England only.
8. In the event of a customer agreeing to a delivery and then not being at home during the agreed delivery time period, a redelivery charge of £20 per pallet will be made.
9. Your phone number will be forwarded to the carrier so that they can contact you should any issues arise.
10. Delivery drivers are not expected to manoeuvre the pallet beyond the rear of the vehicle but will always be as helpful as possible where conditions allow.
11. In the event of a delivery not being possible due to poor access or gravel drive then the delivery will have to be “roadside” (i.e. left as near to the property as possible).
12. All goods must be checked on arrival and delivery paperwork signed. Goods will not be left with out a signature and will incur a second delivery charge for redelivery as per point
13. Deliveries can only be made to the card holders address.
14. Any delivery issues must be reported immediately to Topstak.
15. In the event of any dispute resulting in the goods being returned to Topstak payment will be refunded to the customer less all charges.
1. Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7. CUSTOMER’S OBLIGATIONS
1. To enable the Supplier to perform its obligations the Customer shall:
2. co-operate with the Supplier;
3. provide the Supplier with any information reasonably required by the Supplier;
4. obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
5. 7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties
8. SUPPLIER’S OBLIGATIONS
1. The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
2. The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
3. The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
9. CANCELLATIONS AND REFUNDS
1. Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 24 hours of delivery and the Customer shall be entitled to replacement Goods or a full refund.
2. For Distance Selling (online and telephone sales), the Customer shall have up to 14 days ‘right to cancel’ their order from the date the goods are delivered. This only applies to orders that total £43 or more.
3. The Customer may cancel an Order by notifying the Supplier in writing at the address above within the same day of placing an Order and any deposit paid will be refunded in full.
4. If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
10. LIMITATION OF LIABILITY
1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
2. The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
3. For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.