CONFEDERATE CHEMICALS LIMITED
CONDITIONS OF SALE
In these conditions "the Company" means Confederate Chemicals Limited, Mochdre Industrial Estate, Newtown, Powys, SY16 4LE Wales, UK; Registered in England and Wales, Company number 01203074,"the Customer" means the person, firm, or Company purchasing the goods, "the goods" means the goods or materials which shall be the subject of a contract between the Company and the Customer, "the price" means the price specified in the Company's price list, acknowledgement or otherwise communicated to the Customer. If you are buying the goods for your own personal use and not as part of a business, you are a consumer. For consumers, specific terms and conditions apply as set out in clause 7 below.
(i) Prices are in accordance with the Company's price list or a Company quotation current at the date of order provided that if between the date of order and date of delivery there is any variation in the cost of manufacture or delivery of the goods the Company shall be entitled to vary the price proportionately.
(ii) Subject to (i) above, quotations are valid for 14 days from the date of their issue by the Company.
2 . PAYMENT
(i) Payment for all goods purchased by non-account holders shall be made prior to delivery.
(ii) For account holders, unless otherwise agreed in writing payment for goods supplied are strictly net cash by the last day of the month following the month of the date of invoice. Time for payment shall be of the essence. The Company may at any time on or after acceptance by notice in writing to the Customer vary the terms of payment by demanding immediate payment or at the Company's option adequate security for sums due hereunder.
(iii) The Company reserves the right to charge interest at 5 per cent above Lloyds Bank plc base lending rate from the time being in force on invoices overdue for payment.
(iv) If any payment shall not be paid on its due date the Company shall be entitled to suspend all further standing deliveries until such payment is received notwithstanding that if such deliveries may be part of the same order in respect of which payment has not been made. The right to suspend deliveries under this paragraph shall be in addition to any other remedies to which the Company is entitled.
(v) With the exception of Consumer prices shown on a website, all prices are exclusive of any applicable VAT, for which the Customer shall be additionally liable.
(vi) All payments must be made by the Customer in sterling by cleared cheque or transfer to such bank account as the Company may from time to time notify in writing to the Customer. Payments are not deemed to be made until cleared funds are paid into the Company's bank account.
3 . DELIVERY
(i) Delivery of the goods shall take place when the goods are delivered at the address specified by the Customer; or where goods are collected from the Company's premises by the Customer, when delivered to the Customer's vehicle. Delivery prices will be confirmed upon acceptance of your order. The Company may not be able to deliver to all locations, especially locations off the UK mainland. If delivery is required for an overseas destination you may be required to pay in full for the goods prior to their delivery and delivery will be ex-works the Company's premises unless otherwise agreed in the Company's order acceptance. The Customer will be liable for insurance, complying with import and export regulations and ensuring adequate documentation is created for the sale. Any assistance in this regard offered by the Company will be at an additional fee.
(ii) The Company shall not be liable for failure to deliver on any specified date and any delivery date specified on the Company's acceptance of an order is an estimate only. Further the Customer shall not be entitled to refuse to accept the goods if so delayed.
(iii) the Company reserves the right to cancel a contract if:
4 .WARRANTY AND LIABILITY
(Consumers are referred to clause 7 below)
(i) The Company warrants that goods delivered shall be of its standard quality and formulation for those goods unless otherwise agreed and will be reasonably suitable for the purpose recommended in writing by the Company. Where no written recommendations for the purpose are made by the Company then you are responsible for ensuring that the goods purchased are suitable for your use.
(ii) The Company's liability in respect of any goods supplied shall be limited to the replacement of such goods which do not confirm to the said warranty and in particular (but without prejudice to the generality of the foregoing) the Company shall not be liable for the failure of any goods to fulfil any purpose which has not been recommended in writing by the Company or for the failure of any goods to fulfil any purpose where the Company's methods of use or the labelling on the goods or other health and safety instructions or regulations have not been complied with.
(iii) The Company shall be liable for damage to tangible property attributable to failure of the goods to conform with the warranty in clause 4(i) above to a maximum liability of £ five million per event or connected series of events.
(iv) Save as set out in clause 4 (ii) and (iii) above and subject to clause 4 (v) below, the Company shall not be liable in respect of goods supplied for any loss or damage attributable to the goods or their use whether direct or indirect or consequential howsoever arising;
(v) The Company does not exclude any liability for death or personal injury as a result of the Company's negligence.
(vi) The warranty contained in this clause shall be deemed to exclude all other warranties and conditions of sale whether express or implied and whether arising under statute common law or otherwise and is given in place thereof.
(vii) The Customer agrees for itself and its servants agents and those under its control to comply with all instructions relating to the use and safe handling, storage and disposal of goods supplied by the Company as notified by the Company or required by legislation.
5 . PROPERTY RIGHTS
(i) The Customer agrees to indemnify the Company against all liabilities incurred by the Company resulting from any action of the Customer in connection with goods supplied by the Company so far as concerns the infringement or alleged infringement of third parties rights to any trade mark patent know-how design copyright or other intellectual industrial property.
(ii) The risk in any goods supplied by the Company shall pass to the Customer on delivery to the Customer but the legal and equitable property in such goods shall be retained by the Company until such time as the Customer shall have paid to the Company the agreed purchase price, together with the full price of any other goods the subject of any other contract with the Company.
(iii) In the event of a Customer entering into Liquidation or having a Winding Up Order made against it, or a Receiver, Receiver and Manager or Administrative Receiver being appointed over its assets or income or any part thereof or in the event of the Customer being an individual or individuals he or either of them committing any Act of Bankruptcy or having any Bankruptcy Petition presented against him or either of them or if the Customer has failed to pay for any goods on due date the Company may (without prejudice to any other remedy) rescind without liability to the Customer any outstanding and unexecuted contracts at such date and the Company may by its duly appointed representatives enter the Customer's premises and recover all goods in respect of which property shall not have passed to the Customer.
(iv) Until any property in the goods has passed to the Customer such goods shall be held by the Customer as Bailee for the Company.
(v) In the event of the Customer reselling or otherwise disposing of the goods or any part thereof before property has passed to them, the Customer will, until payment is made in full to the Company of the price of the goods, hold in trust for the Company all rights under any such contract of sale or other contract in pursuance of which the goods or any part thereof are disposed of, or any contract by which property comprising the said goods or any part thereof is or is to be disposed of and any monies or other consideration received by them thereunder, and such proceeds are to be used first in discharge of any outstanding indebtedness to the Company. Further if the Customer has not received the proceeds of any such sale he will if called upon to do so by the Company, upon demand, assign to the Company all rights against the person or persons to whom the Company's goods have been sold.
6 . GENERAL TERMS
(i) Contracts to supply goods shall not be made until orders placed by Customers are accepted by the Company, the Company reserves the right to reject orders. All orders accepted by the Company shall be subject to these Conditions of Sale and the Company shall not be deemed to have accepted any variation of its Conditions of Sale or any terms and conditions proposed by the Customer without agreement in writing to such variation by the Company.
(ii) If these terms of sale are not acceptable the Customer must so notify the Company. The Company's acceptance of the Customer's order is expressly made conditional upon the Customer's assent that these terms of sale including exclusion of liabilities and retention of title are the sole terms governing this purchase and sale. The Customer's taking delivery of any goods supplied hereunder, shall evidence assent.
(iii) Every order from the Customer accepted by the Company shall be deemed to be a separate contract enforceable by the Company as such notwithstanding the existence at any one time of two or more outstanding orders with such Customer and no dispute with regard to any order shall preclude execution of other orders and the Customer shall not be entitled to any right of set-off or counterclaim to which it may be entitled under one order in respect of any other orders.
(iv) No order (or part of an order) may be cancelled by the Customer without the written consent of the Company.
(v) Notwithstanding anything to the contrary hereinbefore contained the Company shall not be liable for any non delivery due to causes beyond its control including, without limitation, strikes, lock-outs or any other industrial disputes, breakdown of systems and network access, flood, fire or explosion or accident or non-availability of essential supplies and the Company may at its option in the event of such causes be entitled either to cancel any contract or postpone execution of any order until such time as the Company shall consider that such circumstances no longer apply.
(vi) These conditions and any agreement made between the Company and the Customer hereunder shall be governed by English and Welsh Law and the Courts of England and Wales shall have jurisdiction to determine any dispute arising thereunder.
7 . CONSUMER PROVISIONS
Where the Customer is purchasing goods as a consumer either from the Company's web site(s) or as part of a distance sale (all as defined by relevant legislation) then the following additional terms and conditions apply to the above conditions:
(i) The Customer's statutory rights are not affected by anything in these conditions;
(ii) The Company will notify the Customer in its acceptance of the Customer's order if the delivery will take more than 30 days.
(iii) The Customer will have a period of 7 working days after delivery when the Customer can cancel the Customer's order for non-bespoke or goods that have not been made or prepared especially for the Customer. If the Customer wishes to cancel its order for such goods then the Customer must notify the Company in writing and return the goods to the Company, with seals unopened and in their original packaging materials. Where the Customer has opened sealed goods the Customer will be deemed to have accepted them and the Customer will not have a right to reject them. The Customer must return goods that are cancelled to the Company at the Customer's own risk to the Company's address as set out above. Refunds will be made for goods returned in good saleable condition within 30 days of the Customer's cancellation less postage costs.
Where the Customer does not return the goods to the Company the Company may recover possession of them from the Customer and charge the Customer the Company's costs of so doing. Orders for goods that are bespoke or have been produced or prepared especially for the Customer cannot be cancelled. The Company will identify such goods on its web site(s) or when the Company accept any order from the Customer;
(iv) Any contract that is created by the Company's acceptance of the Customer's order shall be stored by the Company and copies will be accessible to the Customer upon the Customer's request. A charge may be made for copies where this is permitted under relevant legislation;
(v) If the Customer is not a consumer then the provisions of this clause 7 do not apply to the Customer's contract with the Company.
(vi) Prices quoted on www.poolandspachemicals.co.uk are inclusive of VAT and exclusive of carriage.
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If you choose to visit www.paintstrip.com, www.confederatechemicals.com, and/or www.poolandspachemicals.co.uk (the "web site(s)") your visit and use of the relevant web site(s) are subject to these terms and conditions. For the purposes of these notices and the terms and conditions The "Company" is Confederate Chemicals Ltd.,Mochdre Industrial Estate, Newtown, Powys, SY16 4LE Wales,UK; Registered in England and Wales, Company number 01203074
The personal information you supply to the Company will be stored on the Company's computer systems and may be used by the Company in its business. Your data may be shared with third parties for the purpose of preparing quotations or otherwise supporting the Company's business. The information may also be used and shared with third parties for credit and/or identity checking. The personal information collected will be processed in accordance with the Data Protection Act.
The Company (and its associate companies) may process your data for the purposes of sales and marketing to you. By giving your data to the Company, you agree that the Company or its agents may call, e-mail or text you with details of other goods or services that may interest you. You can withdraw this consent at any time in respect of marketing to you by advising the Company by in writing.
The Company does not use any Spyware on its web site. Cookies may be used on the site to manage the website. Cookies are not used to collect personal data. You may set your browser not to accept Cookies, but non-use of the Cookies may affect your use of the website.
If you have any concern about privacy at the web site(s) please send us details to firstname.lastname@example.org and we will try to resolve it.
Disclaimers and Limitations of Liability
Links are provided as a convenience only. The Company does not warrant the content on these links and all links are used at your own risk.
The Company provides the web site(s) on an 'as is' basis and makes no representations or warranties of any kind with respect to the web site(s) or its contents and disclaims all such representations, conditions and warranties. In addition, the Company makes no representations, conditions or warranties about the accuracy, completeness, or suitability for any purpose of the information published in the web site(s). The information contained in the web site(s) may contain technical inaccuracies or typographical errors. All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
You may consider that information on the web site(s) may be of use to you. The information is posted for your convenience only and, unless appropriate consultancy services are purchased from the Company by you, the information is posted without any assumption of liability by the Company or its employees, directors and/or agents. Chemicals whether alone or mixed can be extremely dangerous. They can give off toxic fumes, cause burns, irritation, long term health problems and even death if handled incorrectly. It is essential that you obtain expert help and assistance before handling, using or disposing of chemicals. If you are an industrial user the safety data required by The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 will be provided in written form. Retail consumers may request this information. Uncontrolled copies may be downloaded from www.confederatechemicals.com
Although the information in the web site(s) may seem relevant to you, it is by its very nature of general application and the information must always be checked with appropriate experts before being used to ensure that the information is appropriate for you and your particular circumstances. The Company does not accept any liability for any information posted on the web site(s) or provided to you either in e-mails or other correspondence or on the telephone unless you have purchased consultancy services from us to ensure that the advice is both suitable and appropriate for your purposes and that any assumptions that have been made are correct. If you do not purchase these services then you warrant to us that you will have the information checked and verified as being appropriate to you prior to utilising the information or any chemicals or other goods and that you will indemnify the Company from all liability, losses, costs or damages that may arise if this is not the case.
To the fullest extent permitted by law, neither the Company nor its representatives will be liable for loss or damage arising out of or in connection with the use of the web site(s). This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
The Company does not limit or exclude its liability for death or personal injury arising from its negligence.
Copyright and Trademarks
The web site(s) is the copyright of the Company. No material or information on this site may be copied for commercial purposes without a prior written license from the Company which will require full acknowledgement of its rights.
The Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the web site(s) or its contents; any downloading or copying of account information for the benefit of any other; or any use of data mining, robots, or similar data gathering and extraction tools.
The web site(s) or any portion of the web site(s) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without our express written consent.
You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without our express written permission. You should e-mail to us details of the URL where you have created the hyperlink.
The Company reserves its rights and ownership of all trade names or marks (whether registered or unregistered) used on this site. Ownership in any third party trademarks referred to on the web site(s) is acknowledged.
When you visit the web site(s) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use the web site(s), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does sell products for children, but it sells them to adults, who can purchase with a credit card. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
By visiting the web site(s) you agree that The Laws of England and Wales without regard to principles of conflict of laws apply to any dispute that might arise between you and the Company or its affiliates.
We reserve the right to make changes to the web site(s), policies, and these Legal Notice and terms and conditions at any time without notice.
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