June-Aug Complete

delivery shall be within a reasonable time of acceptance of
the order.
11.4. Delivery shall be made by us or a courier nominated by us during
normal business hours (excluding bank or public holidays). We
may levy additional charges for any deliveries made at your
request outside such hours.
11.5. Special off-shore delivery shall be agreed in writing between us
prior to delivery.
11.6. We are not responsible for delays outside our control. If our
delivery of the goods is delayed by an event outside our control
then we will contact you as soon as possible to let you know and
we will take steps to minimise the effect of the delay. If you are
a consumer, provided we do this we will not be liable for delays
caused by the event, but if there is a risk of substantial delay you
may contact us to end the contract and receive a refund for any
goods you have paid for but not received.
11.7. If you will not accept delivery of any of the goods when they
are ready for delivery risk in the goods will pass to you and the
goods will be deemed to have been delivered. You will be liable
for any costs incurred by us in storing the goods where you does
not accept delivery (including redelivery, storage and insurance
costs).
11.8. We reserve the right to make partial deliveries. You shall not be
entitled to object to or reject the goods or any of them by reason
of the surplus or shortfall and shall pay for such goods at the pro
rata contract rate.
11.9. We shall be responsible for any damage, shortage or loss in
transit, provided that you notify it to us (or our carrier, if
applicable) within three days of delivery or the proposed delivery
date of the goods and that the goods have been handled in
accordance with our stipulations. Any remedy under this Clause
11.9 shall be limited, at the option of us, to the replacement or
repair of any goods which is proven to our satisfaction to have
been lost or damaged in transit.
12. NON-DELIVERY
12.1. The quantity of any consignment of goods recorded by us upon
dispatch from our place of business shall be conclusive evidence
of the quantity received by you on delivery unless you can
provide conclusive evidence proving otherwise.
12.2. We shall not be liable for any non-delivery of goods unless you
notify us in writing of the failure to deliver within 5 days after
the scheduled delivery date.
12.3. Any liability of us for non-delivery of the goods shall be limited to
replacing the goods within a reasonable time or issuing a credit
note at the pro rata agreement rate against any invoice raised
for such goods.
13. OWNERSHIP OF GOODS
13.1. Delivery of an order shall be completed when we deliver the
goods to the delivery address and the goods will be your
responsibility from that time.
13.2. When you own the goods. You own the goods on the later of
completion of delivery or once we have received payment in full
for:
13.2.1. the goods; and
13.2.2. all other sums which are or which become due to us from you on
any account.
13.3. Until ownership of the goods has passed to you under Clause
13.2, you must:
13.3.1. hold the goods on a fiduciary basis as our bailee;
13.3.2. store the goods (at no cost to us) in satisfactory conditions and
separately from all other products of yours or any third party so
that they remain readily identifiable as our property;
13.3.3. not destroy, deface or obscure any identifying mark or packaging
on or relating to the goods;
13.3.4. keep the goods insured on our behalf for its full price against all
risks to our reasonable satisfaction, and hold the proceeds of
such insurance on trust for us and not mix them with any other
money, nor pay the proceeds into an overdrawn bank account.
On request you shall produce the policy of insurance to us.
13.4. You may not resell the goods before ownership has passed to you
unless the third party is notified that you do not have title to such
goods.
13.5. You grant us, our agents and employees an irrevocable licence
at any time to enter any premises where the goods are or may
be stored in order to inspect them, or, where your right to
possession has terminated, to recover them. All costs incurred
by us in repossessing the goods shall be borne by you.
14. WARRANTY AND RETURNS
14.1. Where we are not the manufacturer of the goods, we shall
endeavour to transfer to you the benefit of any warranty or
guarantee given by the manufacturer to us.
14.2. We warrant that on delivery (subject to the other provisions of
these terms) the goods shall:
14.2.1. conform in all material respects with their description;
14.2.2. be of satisfactory quality (within the meaning of the Sale of goods
Act 1979);
14.2.3. be fit for any purpose held out by us; and
14.2.4. for a period of one (1) year from the date of purchase (the
Warranty Period) the goods shall be free from defects of
workmanship and materials.
We undertake (subject to Clauses 14.3 and 14.4), at our option, to repair
or replace the goods which are found to be defective as a result
of faulty materials or workmanship during the Warranty Period.
14.3. We shall not be liable for a breach of the warranty in Clause 14.2
unless:
14.3.1. you give written notice of the defect to us, and, if the defect is as
a result of damage in transit to the carrier, within three (3) days
of the time when you discover or ought to have discovered the
defect; and
14.3.2. we are given a reasonable opportunity after receiving the notice
of examining such goods and you (if asked to do so by us) return
such goods to us at our cost for the examination to take place
there.
14.4. We shall not be liable for a breach of the warranty in Clauses 14.2
if:
14.4.1. you fail to give the written notice required under Clause 14.3.1 or
you make any use of goods which you have given written notice
about under Clause 14.3.1; or
14.4.2. it is established to our reasonable satisfaction that the materials
used in the manufacture of the goods or workmanship was not
defective,
14.4.3. the defect arises because you failed to follow our oral or written
instructions as to the storage, use or maintenance of the goods
or (if there are none) good trade practice;
14.4.4. the defect is caused by misuse or abuse of the goods or by
improper use of the goods by you or use outside its normal
application;
14.4.5. the defect arises due to normal wear and tear; or
14.4.6. you alter or repair the goods without our written consent.
14.5. Any repaired or replacement goods shall be under warranty for
the unexpired portion of the 1 year Warranty Period.
15. IF YOU ARE A CONSUMER AND THERE IS A PROBLEM WITH THE
GOODS
15.1. How to tell us about problems. If you have any questions or
complaints about the goods, please contact us. You can telephone
our customer care team by telephone on 0800 652 6000 or by
writing to us at customercare@key.co.uk or 35 Blackmoor Road,
Ebblake Industrial Estate, Verwood, Dorset, BH31 6AT.
15.2. Summary of your legal rights. We are under a legal duty to
supply goods that are in conformity with this contract. See the
box below for a summary of your key legal rights in relation to
the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain
exceptions. For detailed information please visit the Citizens Advice
website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for
purpose and of satisfactory quality. During the expected life of your goods
your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can’t be repaired or replaced, then
you’re entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you
may be entitled to a repair or replacement, or, if that doesn’t work, some
of your money back.
15.3. Your obligation to return rejected goods. If you wish to
exercise your legal rights to reject goods you must either return
them in person to where you bought them, post them back to us
or (if they are not suitable for posting) allow us to collect them
from you. We will pay the costs of postage or collection.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY
YOU
16.1. The following provisions set out the entire financial liability of Key
Industrial Equipment Limited (including any liability for the acts
or omissions of our employees, agents and sub-contractors) to
you in respect of:
16.1.1. any breach of the contract; and
16.1.2. any representation, statement or tortious act or omission
(including negligence) arising out of or in connection with the
contract.
16.2. Nothing in these terms excludes or limits our liability:
16.2.1. for death or personal injury caused by our negligence; or
16.2.2. for fraud or fraudulent misrepresentation; or
16.2.3. defective products under the Consumer Protection Act 1987; or
16.2.4. breach of the terms implied by section 12 of the Sale of goods Act
1979; or
16.2.5. any matter in respect of which it would be unlawful for us to
exclude or restrict liability.
16.3. If you are a business customer:
16.3.1. Subject to Clause 16.2, except as expressly stated in these terms,
we do not give any representations, warranties or undertakings
in relation to the goods. Any representation, condition or
warranty which might be implied or incorporated into these
terms by statute, common law or otherwise is excluded to the
fullest extent permitted by law. In particular, we will not be
responsible for ensuring that the goods are suitable for your
purposes.
16.3.2. We only supply the goods for internal use by your business, and
you agree not to use the goods for any resale purposes.
16.3.3. Subject to Clauses 16.2 we shall not be liable, whether in tort
(including for negligence or breach of statutory duty), contract,
misrepresentation or otherwise for:
16.3.3.1. loss of profits; or
16.3.3.2. loss of business; or
16.3.3.3. depletion of goodwill or similar losses; or
16.3.3.4. loss of anticipated savings; or
16.3.3.5. loss of goods; or
16.3.3.6. loss of contract; or
16.3.3.7. loss of use; or
16.3.3.8. loss or corruption of data or information; or
16.3.3.9. any special, indirect, consequential or pure economic loss, costs,
damages, charges or expenses.
16.3.4. Subject to Clause 16.2, our total aggregate liability in contract,
tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in connection
with the performance or contemplated performance of the
contract shall be limited to 1.5 times the price paid for the goods
by you during the 12 months preceding the date acknowledged
by us as being the date of the event giving rise to any liability.
16.4. If you are a consumer:
16.4.1. If we fail to comply with these terms, we are responsible for loss
or damage you suffer that is a foreseeable result of our breach
of our breaking this contract or our failing to use reasonable
care and skill, but we are not responsible for any loss or damage
that is not foreseeable. Loss or damage is foreseeable if either it
is obvious that it will happen or if at the time the contract was
made, both we and you knew it might happen, for example if you
discussed it with us during the sales process.
16.4.2. When we are liable for damage to your property. We will make
good any damage to your property caused by us while delivering
the goods. However, we are not responsible for the cost of
repairing any pre-existing faults or damage to your property that
we discover.
16.4.3. We only supply the goods for domestic and private use. If you use
the goods for any commercial, business or resale purposes, we
will have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
16.5. This Clause 16 shall survive termination of the contract.
17. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER RIGHTS
17.1. All copyright, trade marks and other rights created, subsisting
or used in our catalogue, our website and in connection with the
goods shall remain our sole property. For the avoidance of doubt,
you shall not during or at any time after the completion, expiry
or termination of the contract in any way question or dispute
such ownership thereof by us.
18. OUR WEBSITE
18.1. You may access, download and store on a temporary basis pages
from our website solely for the purpose of ordering the goods.
Any permanent storage, copying or redistribution of any of the
information set out in our website is strictly prohibited.
18.2. You may print off one copy and may download extracts, of any
page(s) from our website for reference, You must not modify the
copies of any materials printed off or downloaded in any way and
must not use any illustrations, photographs or any graphics.
18.3. You may not modify any details on our website or reproduce or
publicly display or distribute any such details for any commercial
purpose whatsoever.
18.4. It is your responsibility to virus check all materials before
downloading them from our website.
18.5. Where your website contains links to other sites and resources
provided by third parties, these links are provided for
information only. We have no control over the contents of those
sites or resources, and accept no responsibility for them or for
any loss or damage that may arise from your use of them.
18.6. You and third parties must obtain our express written permission
before linking to our website.
19. EVENTS OUTSIDE OUR CONTROL
19.1. We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under these
terms that is caused by an event outside our control.
19.2. If an event outside our control takes place that affects the
performance of our obligations under these terms we will
contact you as soon as reasonably possible to notify you and our
obligations under these terms will be suspended and the time for
performance of our obligations will be extended for the duration
of the event outside our control. Where the event outside our
control affects our delivery of goods to you, we will arrange a
new despatch date with you after the event outside our control
is over.
20. COMPETITIONS & GIVEAWAYS
20.1. All winners are chosen at random by an independent adjudicator.
All entrants must provide full name, address, and contact
information. Winners will be contacted to arrange delivery of
their prize. We will not share your information with any third
party. Entries are limited to one contact per address. You shall
indemnify Key Industrial Equipment Limited against all costs,
claims or liabilities incurred by Key Industrial Equipment Limited
arising out of or in connection with any claim made against Key
Industrial Equipment Limited for payment of your employees
Income Tax, National Insurance contributions and any other
taxes and deductions payable in respect of the incentive. The
Incentive is open to all business customers. Key Industrial
Equipment Limited reserves all rights to request proof of
eligibility at the time of the order being processed.
21. PROMOTIONS, PROMOTIONAL ITEMS & DISCOUNT VOUCHERS
21.1. Promotional items and vouchers cannot be used in conjunction
with any other offer, promotion or pricing agreement.
Promotional items are subject to availability and we reserve the
right to substitute for an alternative product. Only 1 promotional
item can be claimed per order. Any promotional item provided
as a result of placing a sales order with us is provided directly to
the ordering company. If the promotional product is then given
to an employee by the company, the company will be liable for
any Income Tax, National Insurance contributions and any other
taxes and deductions payable in respect of the value of the
promotional product or for any sums as may be required by law.
21.2. Promotional Discount Vouchers cannot be exchanged for cash
or used for payment of a credit account. Only one voucher per
customer and no change will be given if the value of the items
ordered is less than the value of the voucher. Vouchers can only
be redeemed against orders that are over the value stated on
the voucher. The monetary value of a voucher is stated on the
individual vouchers.
22. OTHER IMPORTANT TERMS
22.1. We will only use your personal information in accordance with
our Privacy Policy. Please take the time to read the Privacy Policy,
as it includes important terms which apply to you.
22.2. We may at any time assign, transfer, charge, sub-contract or deal
in any other manner with all or any of our rights or obligations
under the contract.
22.3. You need our consent to transfer your rights to someone else
(except that you can always transfer our guarantee). You
may only transfer your rights or your obligations under these
terms to another person if we agree to this in writing. However,
you do not need our agreement to transfer the benefit of any
guarantee in Clause 14.
22.4. If we do not insist immediately that you do anything you are
required to do under these terms, or if we delay in taking steps
against you in respect of your breaking this contract, that will
not mean that you do not have to do those things and it will not
prevent us taking steps against you at a later date. For example,
if you miss a payment and we do not chase you but we continue
to provide the goods, we can still require you to make the
payment at a later date.
22.5. Each of the paragraphs of these terms operates separately. If any
court or relevant authority decides that any of them are unlawful,
the remaining paragraphs will remain in full force and effect.
22.6. The contract is between you and us. No other person shall have
any rights to enforce any of its terms.
22.7. If you are a consumer, these terms are governed by English
law and you can bring legal proceedings in respect of the goods
in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the goods in either the Scottish or the
English courts. If you live in Northern Ireland you can bring legal
proceedings in respect of the goods in either the Northern Irish
or the English courts.
22.8. If you are a business, these terms and any dispute or claim
arising out of or in connection with it or its subject matter or
formation (including non-contractual disputes or claims) shall
be governed by English law. We both irrevocably agree that
the English courts shall have exclusive jurisdiction to settle any
dispute or claim arising out of or in connection with a contract
or its subject matter or formation (including non-contractual
disputes or claims).
© Key Industrial Equipment 2017
0800 652 6000 key.co.uk @ sales@key.co.uk 707