PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. THESE TERMS AND CONDITIONS REGULATE THE BUSINESS RELATIONSHIP BETWEEN YOU AND US. BY USING OUR WEBSITE IN ANY WAY, OR BY BUYING FROM US, YOU AGREE TO BE BOUND BY THEM.
WE REGRET THAT NO PERSON UNDER THE AGE OF 18 YEARS MAY PURCHASE GOODS AND SERVICES FROM THIS SITE.
CARRIER: Any person or business contracted by to carry goods from to you the consumer, whether all or part of the distance.
THE WEBSITE: The pages and code that comprise or support the visible content of this site.
GOODS AND/OR SERVICES: Any of the goods and services offered for sale by Absolute Industrial Limited on the Website.
CONTENT: Any information in any form published on the Website directly by Absolute Industrial Limited or by any third party with our consent.
2. The Contract
2.1 These terms of sale apply to all goods supplied by Absolute Industrial Limited, whose registered office is at Absolute Industrial Limited Oak House, Stockham Lane, South Chard, Somerset TA20 2PS (the Supplier).
2.2 These terms and conditions apply:
2.2.1 So far as the context allows, to you as a visitor to the Website.
2.2.2 In any event to you as a buyer or prospective buyer of Goods or Services.
2.3 Goods advertised may not be available.
2.4 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
2.5 Your order will be accepted via on line confirmation. You the consumer will receive an email message confirming the details of your purchase and when your order is to be despatched. Upon receipt of this email the legal contract is finalised. It may be possible that the price has increased from that posted on the Website in which case you will be informed before payment is taken.
2.6 The contract is subject to your right of cancellation (see below).
2.7 The Supplier reserves the right to change or alter without notice the terms listed on this document. The terms that apply to you the consumer are those posted on the Website the day you order Goods and Services.
2.8 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Contract.
2.9 If the Goods ordered are not in stock, you will be offered a number of alternatives before we despatch your order. If this scenario you may:
2.9.1 Accept one of the alternatives we offer.
2.9.2 Cancel your order.
2.9.3 Leave the order valid, but remove the out-of-stock item.
2.10 If money is owed you (for the reason above or for any other reason), your credit or debit card will be credited as soon as is reasonably practicable but in any event no later than 30 days from the date of your order.
2.11 Goods become your responsibility and are at your risk from the moment they are picked up by the Carrier from the warehouse.
3. Price and Payment
3.1 You must pay the full price of your order before any part of it will be despatched.
3.2 Banking charges by the receiving bank will all be borne by the Supplier. All other charges relating to payment in a currency other than pounds Sterling will be borne by you the consumer.
3.3 Any details given in relation to exchange rates are approximate only and may vary.
3.4 You will pay all sums due to the Supplier under these terms by the means specified without any set-off, deduction or counter claim.
4. Information Given
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. This information is required to provide you with the Goods and Services.
4.2 The Supplier will use reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 The Carrier will make deliveries to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If, for any reason, we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not all available for delivery at the same time.
6. Taxes, duties and import restrictions
6.1 The supplier legally has no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7. Goods returned
Because you are buying the Goods by mail order, you may have a right of cancellation. If so, these are the terms that apply:
7.1 You must tell us you wish to cancel within 7 days from your receipt of the Goods.
7.2 In any event, you may not cancel or return orders for perishable Goods, nor cut lengths, specially commissioned or personalised goods. We are also unable to accept returns of certified goods as we are not be able to verify how the goods have been stored or if they have been used.
7.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel, and must be:
7.3.1 With both goods and all packaging in their original condition.
7.3.2 Securely wrapped.
7.3.3 With the delivery slip included.
7.3.4 At your risk and cost.
7.4 After the Goods have been received, your credit or debit card will be credited with the full purchase price of the goods returned no later than 30 days from the date of receipt.
7.5 If you do not return the Goods, you are still liable to the Supplier for the cost.
7.6 The Supplier is under no obligation to collect or recover Goods from you, but if this is done, all costs will be payable by you the consumer.
8.1 The Supplier or parties in employ of the Supplier may make improvements or changes to the Website, the Content, or to any of the Goods and Services, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 The adequacy or appropriateness of the Goods and Services for your purpose.
8.3.2 The truth of any information given on the Website.
8.3.3 Any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose.
8.3.4 Compatibility of Our Web Site with your equipment software or telecommunications connection.
8.3.5 Compliance with any law.
8.3.6 Non-infringement of any right.
8.4 The Website may contain links to other Internet websites. The Supplier has neither power nor control over any such website. You acknowledge and agree that the Supplier will not be liable in any way for the Content of any such linked site, nor for any loss or damage arising from your use of any such site.
8.5 The Supplier is not liable in any circumstance for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Website or the purchase of Goods.
8.6 In any claim against the Supplier, liability is limited to the value of the goods you have purchased in the contract that is the subject of the dispute.
9. Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by the Supplier or by any other Content provider shall remain the sole property of the Supplier and/or the other Content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
10. System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the installation.
10.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 Accessing data unlawfully or without consent.
10.4.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
10.4.3 Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
10.4.4 Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
10.4.5 Taking any action in order to obtain services to which you are not entitled.
10.5 You agree to indemnify the Supplier against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
10.5.1 Any violation of system security as set out above.
10.5.2 Your use of the Website.
10.5.3 Any other breach or violation of this agreement by you the user/consumer.
10.5.4 The infringement by you, or by any other user of the services via your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
You agree to indemnify the Supplier against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use the Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12. Contractual Limitation
Where Goods or Services are provided without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon the Supplier in respect of any such Goods or Services.
13. Rights of third parties
Nothing in this agreement or on the Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15. No Waiver
No waiver by the Supplier, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you the consumer and us the Supplier, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17. Force Majeure
The Supplier is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
18. Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Additional Terms and Conditions for Trade Account Customers
PLEASE NOTE THAT THE TERMS AND CONDITIONS LISTED BELOW ARE IN ADDITION TO THE STANDARD TERMS AND CONDITIONS AND ONLY APPLY TO CUSTOMERS WHOM A TRADE ACCOUNT IS GRANTED. IF APPLICABLE TO YOU, BY READING THIS DOCUMENT YOU HEREBY AGREE TO THE TERMS BELOW. THE SUPPLIER RESERVES THE RIGHT TO WITHDRAW ANY AGREED TERMS AT ANY TIME DUE TO LATE PAYMENT WITHOUT PRIOR AGREEMENT OR NOTIFICATION.
19. Title Retention
Until full payment of monies due by the customer to the Supplier.
a) The title in the goods will not pass to the customer.
b) The customer shall store the goods in a proper manner suitable to the type of goods involved.
c) Goods must be clearly identifiable as property of the Supplier.
d) The customer irrevocably authorises the Supplier, its servants, agents or otherwise to enter the premises where the goods are in the event of:
i. Any distress or execution is levied upon any of the assets of the customer.
ii. The commencement of any legal proceedings against the customer for the purposes of insolvency or bankruptcy.
iii. A receiver be appointed over the whole or any part of your undertakings.
iv. The calling of any creditors meeting of the customer.
v. The goods must not be sold by the customer or any persons acting on behalf of the customer.
Payment becomes due 30 days plus end of month from date of invoice unless other wises stated or by prior agreement. The Supplier reserves the right to invoice interest at the rate of 2% per month or part month on all sums not paid by the due date.
Where goods are lost, damaged or destroyed after delivery ownership has yet to pass to the purchaser will indemnify the Supplier against loss by it provided such loss damage or destruction does not result from the negligence of the Supplier.