The Company" refers to the Supplier and shall include any principal, agent, successor or assignee of the same and "the Customer" means the person, firm or company to whom a quotation is addressed or whose order is accepted by the Company and "the goods" means the goods the subject of such quotation or order.
All prices quoted by the Company are based upon these Conditions of Sale and reflect the limitations upon the Company's liability which they contain. Should any Customer wish to contract with the Company otherwise than on the terms of such Conditions of Sale special arrangements can be made and a revised price quoted by the Company
In the absence of any such special arrangement (which shall not bind the Company unless made in writing and signed on the Company's behalf by a person duly authorised for that purpose) all quotations given and all contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions of Sale which supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
No agent or salesman of the Company has authority to give any guarantee or warranty on behalf of the Company or to transact business other than on the (unamended) terms of these Conditions of Sale.
No binding contract is created until an order is accepted by the Company and all prior correspondence or oral communications are to be regarded as superseded and not forming part of the contract. Prices quoted are subject to revision for errors and omissions at any time.Agents,The term "agent" as applied to those persons, firms or companies either in the United Kingdom or elsewhere with whom the Company has made arrangements for the sale of its goods in a nominal one and indicates only that they are local representatives appointed for the convenience of Customers and through whom enquiries or orders may be received and dealt with by the Company. They are not authorised by the Company to incur any liability, give any guarantee or warranty, make any representations or transact any business whatsoever on behalf of the Company other than the offering for sale of the Company's goods upon the terms of these conditions.
Title,The implied undertakings as to title etc. set out in Section 12 of the Sale of Goods Act 1979 shall be express terms of the contract between the Company and the Customer.
Price,Unless a quotation or tender has been submitted the price of the goods shall be the price ruling at the date of dispatch notwithstanding any price specified in any order or order acceptance.If a quotation or tender has been submitted by the Company it will accept orders which are received within the time limit specified therein at the price stated in that quotation or tender.
The price of the goods shall be subject to the addition of Value Added and other taxes and the cost of any special packing required by the Customer.Any increase of costs or expenses arising from any act or omission or any special requirements of the Customer or any modifications made at the Customer's request may, at the Company's option, be charged to the Customer.
A 2% surcharge may be added to Credit Card Transactions. Debit Cards - No Surcharge.
Variations to Specifications,The Company reserves the right to constantly review its products and to alter and improve the specifications or dimensions of the components or materials used and to substitute other components or materials of a similar strength, specification, dimension or quality, either when the components or materials specified are not readily available or the Company considers that the substituted components or materials are a reasonable alternative or improvement to the components or materials specified.Shipping & Handling,Wherever possible appliances will be delivered direct from the Supplier, all items must be checked and signed for on delivery by a responsible person. Very occasionally an item may be damaged during transit, it is essential to check for damages prior to signing the delivery note.
Please note any damages must be reported within 24hours of the delivery by telephone, and followed up in writing by email within 48hours stating the damage/defects of the item received from the carrier, we will not accept any claims made after this time. ( This does not affect your statutory rights). Standard UK delivery excludes Northern Ireland, Highlands, Isle of Man and Isle of Wight.
Customers are responsible for ensuring that products ordered will fit through doorways and into their premises. Excel cannot accept responsibility if it will not fit. Any carriage charges caused by an aborted delivery are the customers responsibility. Delivery does not include unpacking or positioning or assembling items.Loss or Damage in Transit,The Company shall not in any event be liable for any loss of or damage to the goods whilst in transit unless written notice thereof is given to the Company by the Customer in the case of loss from or damage to goods delivered to the Customer within 3 days of the date of delivery and in addition the Customer must indicate in writing on the Company's copy of the delivery note, the nature of the loss or damage complained of or in writing on the Company's copy of the delivery note the nature of the loss or damage complained of or in the case of goods not delivered within 7 days of the date upon which the Customer is notified that the goods have been consigned for delivery. Provided that if the Customer proves that it was not reasonably possible for him to give such notice to the Company within the appropriate period and that notice was given within a reasonable time the Company shall not be entitled to rely on the time limits stipulated by this Condition.
The Company shall not in any event be liable for any loss of or damage to the goods where the goods are transported by an outside freight carrier unless the Customer has complied in all respects with the freight carrier's conditions of carriage for notifying claims for loss or damage in transit.Any liability which the Company may incur for loss of or damage to the goods whilst in transit shall in no case exceed the invoice value of the goods and in no circumstances shall the Company be liable for any indirect or consequential loss however caused.
Passing of Property (Retention of Title),The goods shall remain the sole and absolute property of the Company until such time as the Customer shall have paid to the Company, the agreed price together with the full price of any other goods the subject of any other contract with the Company.The Customer acknowledges that the Customer is in possession of goods solely as bailee for the Company until such time as the full price thereof is paid to the Company together with the full price of any other goods the subject of any other contract with the Company.
Until such a time as the Customer becomes owner of the goods, the Customer will store them on his premises separately from the Customer's own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.The Customer's right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a Company does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would enable any person to present a petition for winding-up. The Company may for the purpose or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
Subject to the terms hereof the Customer is licensed by the Company to agree to sell the Company's goods, subject to the express condition that such an agreement to sell shall take place as agents and bailees for the Company whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies and shall at all times be identifiable as the Company's monies.If the Customer has not received the proceeds of any such sale, he will upon being called upon so to do by the Company, within seven days thereof assign to the Company all rights against the person or persons to whom the Customer has supplied the goods.