General Terms and Conditions of Sale
Terms of business
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.surcav.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site or from our offices.
You should understand that by ordering any of our Products, online or directly through our offices, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.1. Information about us
Please click on the button marked "Yes" during the online purchase procedure to indicate that you accept them.
1.1. www.surecav.co.uk is a site operated by Surecav Limited (we). We are registered in England and Wales under company number 04653612 and with our registered office at SureCav Ltd., Hunters Mead, Motcombe, Shaftesbury, Dorset, SP7 9QG. You can also contact us at our Wincanton offices: SureCav Ltd, Holbrook Lodge, Holbrook, Wincanton, Somerset, BA9 8BT. Tel: 01963 34660. Our VAT number is 851019940. SureCav® is a Registered Trade Mark of SureCav Limited No.2586715
2. Your Status
2.1. By placing an order through our site or directly from our offices, you warrant that:
2.1.1. You are legally capable of entering into binding contracts; and
2.1.2. You are at least 18 years old
2.1.3. If you are dealing as a consumer, specified terms (as indicated) apply to you.
3. How the contract is formed between you and us
3.1. After placing an order online, you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer to us to buy a Product. All orders, however placed, are subject to acceptance by us. The contract between us (Contract) will only be formed when dispatch of the goods has taken place. Dispatch of goods can be verified at any from the Carrier documentation.
4. Our status
4.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5.1. It is your responsibility to ensure that the terms of your order and any applicable specification are complete and accurate, and we will not accept liability for any errors or omissions of inaccurate specifications.
5.2. Quotations are valid for a maximum period of one month from the date made and may be withdrawn or altered by us during that period at any time without notice.
5.3. The quantity and description of the Products are as set out in our quotation or acknowledgement of order.
5.4. All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract and this is not a sale by sample.
5.5. You will rely on its own assessment as to fitness for the purpose of the Products.
5.6. Illustrations, weights, measures, performance capabilities, application suitability information and other data set out in our literature are statements of opinion and are provided for information only and form no part of this agreement.
6. Consumer rights
6.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. See section 12 for our Refunds Policy.
6.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7. Availability and delivery
7.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. All orders must be received before 10am to qualify for next day delivery.
7.2. We will use our reasonable endeavours to meet any delivery date agreed by us in writing, and where this delivery date cannot be met, you will be given the opportunity to agree a new delivery date or received a full refund. However, delivery times are not of the essence of this agreement and we are not liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.3. We will endeavour to comply with your reasonable requests for postponement of delivery but shall be under no obligation to do so.
7.4. Delivery of the Products shall be made to the address you specified in your order, unless otherwise expressly agreed in writing. You are liable for making all necessary arrangements at your expense, including compliance with all Health & Safety obligations and provision of appropriate equipment and manual labour to accept delivery for the Products when they are tendered for delivery. Failure to do so may result in an unsuccessful delivery. We reserve the right to rearrange delivery and will invoice for you costs incurred with respect to reasonable administration costs, additional storage of the Products and repeated delivery charges.
7.5. If we deliver you a quantity of Products of up to 10% more or less than the quantity accepted by us, you are not be entitled to object to or reject the Products or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata price.
7.6. We may deliver the Products by separate instalments. Each separate instalment shall be shall be paid for in accordance with our payment terms. Each instalment shall be a separate agreement and no cancellation or termination of any one Agreement relating to an instalment shall entitle you to repudiate or cancel any other agreement or instalment.
7.7. You shall have no right or claim for shortage or defects or mis-delivery unless
7.7.1. you have inspected the Products immediately on delivery and send us a written complaint within seven days of delivery specifying the shortage or defect and
7.7.2. a written complaint is sent to the carrier within three days of delivery or such longer period as the carrier's conditions permit, and
7.7.3. we are given an opportunity to inspect the Products before you have used, resold, altered, incorporated or modified the Products.
7.8. If you do not make a complaint to us or the Carrier, the Products shall be deemed to have been delivered in the correct quantity and free of defects apparent on inspection.
8. Risk and title
8.1. The Products will be at your risk from the time of delivery.
8.2. 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.
8.3. Your right to possession of the Products terminates immediately if:
8.3.1. you breach this agreement;
8.3.2. if you are unable to pay your debts;
8.3.3. if you cease to trade; or
8.3.4. if you encumber or in any way charge any of the Products
prior to your ownership of the Products.
9. Price and payment
9.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2. These prices quoted per square metre do not include VAT or delivery costs, which will be added to the total amount due as set out in our Delivery Guide www.surecav.co.uk/en-GB/product/1_1.aspx
9.3. Prices are liable to change at any time, but changes will not affect orders already placed
9.4. We accept online payment with Visa, MasterCard, Delta, Solo and Maestro. All other payments should be made by cheque and posted to our office address.
9.5 Payment of the full price (including any VAT or other taxes) and any additional transport, insurance, packaging and/or additional costs shall be made within 30 days of the invoice date. Thereafter, in accordance with The Late Payments Directive (2000/35/EC) the Seller shall be entitled to recover interest on any unpaid amounts at 8% above the UK Reference Rate of Barclays Bank plc ruling at the date the purchase price is due. This EC Directive is implemented in the UK as The Late Payment of Commercial Debts (Interest) Act 1988.
9.6 Should payment become sufficiently protracted that the Seller deems it appropriate to initiate Court Proceedings to recover the debt the Seller shall be entitled to recover a sum of not less than £100.00 to cover administrative time spent trying to coerce payment. This sum is in addition to the statutory debt recovery administration charge detailed in The Late Payment of Commercial Debts (Interest) Act 1988.
9.7 In the case of the Purchaser's failure to make complete payment within 30 Days of the invoice date occurred, cumulative monthly interest, at a rate of 6% per month from the invoice date, will be added to the gross amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Purchaser, those costs will be charged back to the Purchaser.
9.8 A partial payment is not considered a request for invoice adjustment. Purchaser agrees to pay all costs incurred by SureCav Limited in securing full payment for any purchase order, including reasonable legal fees.
10. Measurements and Quantities
10.1. All weights and dimensions quoted are subject to recognised tolerances.
10.2. All weights include packing and timber or other materials used in loading.
10.3. We are not be liable for any discrepancy with regard to weights, measurements or quantities of materials supplied unless you have notified us in writing of such discrepancy within seven days of your receipt of the Products. Reasonable opportunity of inspection and of witnessing re-weighing must be afforded to us before the Products have been used, processed or re-sold by you.
10.4. Where any discrepancy (subject to these recognised tolerances) is revealed and accepted by us we shall rectify, replace or credit (at its option) you accordingly and no further right of action set off or counter claim shall subsist against us in respect of such discrepancy.
11. Manufacturers Guarantee
11.1. We warrant that the Products
11.1.1. comply with the description on the Order; and
11.1.2. are free from material defect at the time for delivery.
11.2. Other than where you trade as a consumer, (when your statutory rights will be unaffected) we give no other warranty (and exclude any implied terms) as to the quality of the goods or their fitness for purpose.
12. Our refunds policy
12.1. When you return a Product to us:
12.2. because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Products in full, including the cost of sending the item to you. Products must be returned to us at your cost in perfect condition unless we have been notified that the Products arrived damaged in accordance with clause 7 above.
12.2.1. for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund in writing within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you in writing that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
12.3. We reserve the right to charge 30% of the total value of goods received as a restocking charge if the order is returned in full or part after the 7 day cooling off period for any reason. In this case, the goods must first be inspected by the originator of the sale before a refund is made.
12.4. We will refund any money received from you by cheque to the address you used to make the order.
12.5. We reserve the right to charge you reasonable costs if the packaging of any returned Products or any documentation associated with the use of the Products is damaged or missing or if the Products require cleaning or repackaging, unless there is evidence that this was the condition that the Products were delivered in.
13. Our liability
13.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
13.2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
13.3. This does not include or limit in any way our liability:
13.3.1. For death or personal injury caused by our negligence;
13.3.2. Under section 2(3) of the Consumer Protection Act 1987;
13.3.3. For fraud or fraudulent misrepresentation; or
13.3.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
13.4.1. loss of income or revenue
13.4.2. loss of business
13.4.3. loss of profits or contracts
13.4.4. loss of anticipated savings
13.4.5. loss of data
13.4.6. loss of data, or
13.4.7. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
13.5. provided that this clause 13.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.1 or clause 13.2 or any other claims for direct financial loss that are not excluded by any of categories 13.4.1 to 13.4.7 inclusive of this clause 13.4.
14. Import duty
14.1. 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.
14.2. 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.
15. Written communications
15.1. 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 e-mail 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.
16.1. All notices given by you to us must be given to our registered address, SureCav Ltd., Hunters Mead, Motcombe, Shaftesbury, Dorset, SP7 9QG or firstname.lastname@example.org. We may give notice to you at either the e-mail or the postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
17. Transfer of rights and obligations
17.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3. 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.
18. Events outside our control
18.1. 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).
18.2. 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:
18.2.1. Strikes, lock-outs or other industrial action.
18.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
18.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.2.5. Impossibility of the use of public or private telecommunications networks.
18.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
18.3. 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.
19.1. If we fail, at any time during the term of a 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
20.1. 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 severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.3. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
22. Our right to vary these terms and conditions
22.1. We have the right to revise and amend these terms and conditions from time to time.
22.2. 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).
23. Law and jurisdiction
23.1. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
24. Patents, Designs and Technical Information
24.1. The Purchaser shall not use or deal with the goods or the Seller's catalogues, brochures, leaflets or lists so as to infringe, interfere with or weaken any rights of the Seller under or in respect of any patents, processes, proprietary information, trademarks, registered designs, logos, artwork or copyright for or in connection with the goods. The Seller shall have no liability for the infringement of any rights of any third party arising from the use of the goods in combination with other goods, trademarks or processes not supplied by the Seller.
SureCav® is a Registered Trade Mark of SureCav Limited No.2586715
Published and updated by Surecav Limited May 9th 2012