TERMS AND CONDITIONS FOR THE SALE OF GOODS
Buyer the person who buys or agrees to buy the goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the articles which the Buyer agrees to buy from the Seller.
Price the price for the Goods, inclusive of VAT.
Seller means Every Step Counts of 122A Wilford Grove,
The Meadows, Nottingham, NG2 2DU
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer's standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of Every Step Counts.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted by the Seller. The Price is inclusive of VAT which shall be due at the rate in force on the date of the Seller's invoice. The price is exclusive of carriage which shall be quoted separately.
4. Payment and Interest
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
5. Delivery of the Goods
5.1 Delivery of the Goods shall be made to the Buyer's address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
5.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
5.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
5.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
6. Acceptance of the Goods
6.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
6.2 The Buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
6.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7. Title and risk
7.1 Risk shall pass on delivery of the Goods to the Buyer's address. As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. If you delay a delivery, our responsibility for everything will end on the date we agreed to deliver them.
7.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
7.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
7.4 The Seller may at any time before title passes and without any liability to the Buyer:
7.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer's right to use, sell or otherwise deal in them; and
7.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
7.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
8. Carriage of Goods
Carriage will be chargeable on all sales.
9. Right to Cancel
* You have the right to cancel this Agreement prior to any work taking place for the fullfillment of order. If you request cancellation at a later date, we have the right to retain all or part of any deposits paid and or charge a cost as a contribution towards any losses or cost we suffer.
* If you are cancelling your order and have already received your goods, you must return the products unused and in the packaging supplied within 7 days of receipt. The costs of the returns must be paid by yourselves. Any returns will carry administration fee £10 or 10% of item value, whichever is the greater. Any items with any logo cannot be cancelled. Any returns must have prior authorisation from Every Step Counts.
10. Governing Law and Jurisdiction
Both parties to this agreement, Buyer and Seller, agree to submit to the exclusive jurisdiction of the courts of England and Wales.
11. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the Subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.* If you are cancelling your order and have already received your goods, you must return the products unused and in the packaging supplied within 7 days of receipt. The costs of the returns must be paid by yourselves. Any items with any logo cannot be cancelled. Any returns must have prior authorisation from Every Step Counts.