Terms and Conditions
Bill Moore Lifting Tackle Ltd
Registered Office:- 15 Woodlands Drive, Heysham, Morecambe, Lancashire LA3 1LZ
Registered in England and Wales Company Number:- 1482196
VAT Registration Number 334 9114 65
Terms and Conditions
A) All prices shown are in £ Sterling and are subject to change with-out notification.
B) Providing products are in stock, we’ll despatch to the address of your choice within 48 hours of receiving your order (or with payments by cheque, once the cheque has cleared) to arrive within 1 working day (Unless special arrangements are agreed in advance). Where products are not in stock or are being made to order, we will advise a despatch date prior to processing your order. We cannot accept any responsibility for losses or damages caused by late delivery. Please understand that the business carrier services we use only deliver within normal business hours (Unless special Saturday delivery has been agreed by phone in advance) Loading and unloading of goods is the responsibility of the customer. A contact name and telephone number would be advantageous to ensure delivery is completed without undue inconvenience, as carriers cannot deliver at pre-arranged times. All our products are subject to availability, should for some reason the chosen items/item not be available we will offer an alternative or give a full refund.
C) Payments can be made by major credit/debit cards, online, telephone or cheque by post. You can also open a 30 day payment account subject to approval and provided you are a British registered firm and have been trading over 12 months. Please contact our sales office on 01524 854692, Fax 01524 851566 or email email@example.com with your order requirements. Please note that any special on-line prices or special offers cannot be taken in addition to any trade discounts agreed.
D) We take security and privacy issues very seriously. All credit card details submitted on line are securely encrypted before transmission over the internet. This means that shopping on-line with us is not only convenient but also safe and secure.
E) Carriage fees refer to items available to purchase online only (none priced items may be subject to additional carriage costs). Please contact our sales office to arrange delivery to alternative destination Tel 01524 854692.
F) The European Directive on distance selling applies to this contract which is incorporated into UK law by The Consumer Protection (Distance Selling) Regulations 2000. Goods returned to us will be subject to a re-stocking and carriage charge.
G) We must be notified by email to firstname.lastname@example.org within 24 hours of delivery should goods arrive damaged or incomplete. Goods supplied made to order cannot be accepted back for credit. Any special order goods damaged in transit will be rectified.
H) All the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods.
I) General information. If you are unsure about any aspect of your purchase i.e. warranty, description, colour etc please do not hesitate to contact Bill Moore Lifting Tackle Ltd and we will be happy to help.
J) All special and non-standard items are non-cancellable, non-returnable. All approval drawings provided by Bill Moore Lifting Tackle Ltd remain the sole property of Bill Moore Lifting Tackle Ltd and under no circumstance should an approval drawing provided by Bill Moore Lifting Tackle be redistributed, edited or used for basis of a competitive tender, Unless expressly authorised in writing by Bill Moore Lifting Tackle Ltd.
Our product range is growing daily should an item you require not be shown please email, phone or fax with product name, code and colour and we will endeavour to return within 48hrs.
Defective goods to be advised to us within 7 working days of delivery
1.1 Any item returned to us that is not deemed as being faulty must not have been used in any way other than for reasonable 'run/set up'. Any signs of use will deem the item as being 'non-refundable'
1.2 In the case of a cancellation, because you have cancelled the Contract between us within the seven-day cooling-off period in accordance with our terms and conditions, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you unless the delivery charge also included other Products which have not been cancelled. However, you will be responsible for the cost of returning the item to us.
1.3 In the case that you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. If the product is deemed to be 'free of defects' then it will be returned to you and we will seek to recover any carriage or handling charges from you. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full. If you notified us within seven days of receipt that the Products were defective and subject to us confirming this, we shall refund the cost of sending the item to you unless the delivery charge also included other Products which have not been cancelled and the cost of returning the Product to us by normal post. We will usually arrange to refund any money received from you using the same method originally used by you to pay for your purchase.
1.4 In the case that an item has been designed and fabricated for a bespoke job on behalf of the client, the 7 day cooling off period will become void due to the items being 'non re-saleable'. The design process will have been signed off and approved by the client prior to manufacturer and a copy of all paperwork will be given to the client. The only basis for return will be if the goods are deemed to be faulty in which case we will endeavour to work with you to rectify the problem. If the fault issues cannot be rectified within a reasonable period (30 days from delivery), then a full refund will be given in line with 1.2 & 1.3
1.1 In these conditions the following words have the following meanings:
"Associated Company" means any group company or company that is a subsidiary company of either party from time to time and 'subsidiary' shall have the meaning set out in Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989;
"Contract" means a contract created by the acceptance of the Order and which incorporates these conditions and any special conditions detailed in the Order made between you and the provision of the Services and/or the sale of Products;
"Force Majeure" means any event outside a party's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events; The Seller shall not be liable for any failure to fulfil its obligations due to any event of force majeure as defined in International Chamber of Commerce Force Majeure Clause 650.
"Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses and/or liabilities;
"Order" means the purchase order containing the details of the Contract;
"Products" means the products sold by us to you;
"Services" means the services and/or work (if any) to be performed by us for you in conjunction with the sale of Equipment, including any delivery and/or collection service for the Equipment;
"We/Us/Our" means the Bill Moore Lifting Tackle Ltd company detailed in the Order and will include its employees, servants, agents and/or duly authorised representatives;
"You" means the person, firm, company or other organisation purchasing the Products.
2. BASIS OF CONTRACT
2.1 The conditions do not affect any of your statutory rights where you are a person dealing as consumer, not for business purposes. Any section which would otherwise exclude or restrict your rights as a consumer will, to that extent have no force or effect. PLEASE ALSO SEE SECTION 14.
2.2 These conditions shall be incorporated in all Contracts and shall be the sole conditions under which the hire of Equipment, provision of the Services and sale of the Products takes place. All other terms, conditions and other representations are excluded from the Contracts between you and us including any terms and conditions which you may purport to apply under any Contract and these terms and conditions shall prevail.
2.3 Our employees or agents are not authorised to make any representations concerning the Equipment and/or Products unless confirmed in writing and any advice or recommendation given by us to you as to the storage, application or use of the Equipment and/or Products which is not confirmed in writing is followed or acted upon entirely at your own risk.
2.4 We reserve the right to provide Equipment and/or Products similar or comparable to that ordered by you.
2.5 The Contract shall become binding when we have acknowledged the order to you either verbally or in writing as appropriate. These conditions shall be applicable to all repeat orders made by you unless we notify you otherwise.
2.6 You shall obtain and comply with all permissions, consents and licences required for the Equipment under any statute, regulation or byelaw.
3.1 The amount of any charges are detailed in the Order and are based on our current price list from time to time.
3.2 Where a credit account has not been granted, payment of the Charges shall be made with your order for the Equipment or purchase of the Products. Otherwise, payment of any Charges or any other sums due under this Contract shall be made in full and cleared funds by the end of the following month from the month in the date of the invoice.
3.3 All Charges are, unless otherwise stated, exclusive of any applicable VAT.
3.4 Prompt payment under a Contract shall be of the essence. Payment shall not be deemed to be made until we have received either cash or cleared funds in respect of the full amount outstanding.
3.5 Without prejudice to any of our other rights, if you fail to make any payment in full on the due date we may charge you interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and/or to suspend further Services to you or any of your Associated Companies.
3.6 You shall pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
3.7 We may set a reasonable credit limit for you. We reserve the right to terminate the provision of Services if supplying it would result in you exceeding your credit limit or you have already exceeded the credit limit.
4. RISK, OWNERSHIP AND INSURANCE
4.1 Risk in the Equipment and/or Products will pass to you immediately when the Equipment leaves our physical possession or control.
4.2 Ownership of any Products remains with us until all monies payable by you (or any of your Associated Companies) under the Contract or any other contract between us (or any of our Associated Companies) and you (or any of your Associated Companies) have been paid in full and cleared funds.
4.3 If you have a credit account with us, your account must not be in arrears when you notify us of the damage and you must have paid for the relevant product on the due date; and
4.6.1 the Equipment must have been operated in accordance with the instructions and all reasonable steps must have been taken to prevent accidental damage to the Equipment.
5. DELIVERY, COLLECTION AND SERVICES
5.1 Where a delivery address has been provided, it is your responsibility to ensure that there is a person available to sign and check the delivery. Any expenses incurred as a result of nobody being available when the carrier drops off, or any expenses incurred as a result of you having to collect the delivery from a local depot, will be at the customers expense.
5.2 You will allow and/or procure sufficient access to and from the relevant site and procure sufficient loading space, facilities, equipment and access to power supplies and utilities for our employees, sub-contractors and/or agents to allow them to carry out the delivery. You will ensure that the site where the delivery is to be expected is cleared and prepared.
5.3 You shall provide suitable access route for delivery and collection of the Equipment with unrestricted entry and approach and supply and lay timbers or appropriate temporary foundations in a suitable position for loading and unloading and for the Equipment to rest on.
5.4 Any orders with the request ‘to be left in a safe place without a signature’ will be deemed at the customers own risk, and no liability will be accepted for items left in a safe place by Bill Moore Lifting Tackle Ltd
6. CARE OF EQUIPMENT
6.1 You shall:
6.1.1 not deface or remove any labels from and/or interfere with the Equipment, their working mechanisms or any other parts of them;
6.1.2 take reasonable care of the Equipment and keep them properly maintained and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided to or supplied to you and any applicable law or regulations (including any Institution of Electrical Engineers (IEE) regulations);
6.1.3 Notify us immediately and in any event within 24 hours after any accident resulting in death, or personal injury
6.1.4 Take adequate and proper measures to protect the Equipment from theft, damage and/or other risks;
6.1.5 Be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Equipment required by any legislation, best practice and/or operating instructions, except to the extent that we have agreed to provide them as part of any Services;
6.1.6 Not continue to use Equipment where it has been damaged;
6.1.7 Where the Equipment requires fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified and competent person.
6.3 It is your responsibility to check the calibration of the Equipment on each occasion before use. Final determination of the suitability of the Equipment for your specific use is your responsibility and you must assume all risk and liability in this regard.
7. LIMITATION OF LIABILITY
7.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
7.2 If we are found to be liable in respect of any loss or damage to your property the extent of our Liability will be limited to the retail cost of replacement of the damaged property.
7.3 Any defective Equipment and/or Products must be returned to us at your expense for inspection before we have any Liability for defective Equipment and/or Products.
7.4 We shall have no Liability to you if any Charges or monies due in respect of the Equipment, the Services and/or the Products have not been paid in full and cleared funds by the due date for payment.
7.5 We shall have no Liability resulting from or contributed to by your continued use of defective Equipment and/or Products after a defect has become apparent or suspected or should reasonably have become apparent to you.
7.6 We shall have no Liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.
7.7 We shall have no Liability to you for any:-
7.7.1 losses whether arising from breach of contract, tort (including but not limited to negligence), or otherwise, and whether flowing naturally and directly from such breach, negligence or other cause, or not, for:
(a) loss of revenue,
(b) loss of profit,
(c) loss of anticipated saving,
(d) loss of goodwill; or
(e) loss of reputation;
7.7.2 Economic and/or other similar losses;
7.7.3 Special damages, indirect losses and/or consequential losses; and/or
7.7.4 Business interruption, loss of business, contracts and/or opportunity.
7.8 Our total Liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Charges or the sum of £1,000, whichever is the higher, under that Contract. To the extent that any of our Liability to you would be met by our insurance then our Liability shall be extended to the extent that such Liability is met by such insurance.
7.9 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
7.9.1 Liability for breach of contract;
7.9.2 Liability in tort (including negligence); and
7.9.3 Liability for breach of statutory and/or common law duty; except section 11.8 above which shall apply only once in respect of all the types of Liability under this Section 11.9.
7.10 Nothing in this Contract shall exclude or limit our Liability for death or personal injury due to our negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
8.1 You agree to indemnify and keep indemnified us against any Liability suffered by us and arising from or due to your breach of contract, tort (including negligence) and/or any breach of statutory duty and/or any claim from a third party for injury to person or property arising from your use or storage of the Equipment.
8.2 No waiver by us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
8.3 If any provision of the Contract is held by any competent authority to be unenforceable, in whole or in part, the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
8.4 We shall have no Liability to you for any delay and/or non-performance of a Contract to the extent that such delay is due to Force Majeure. If we are affected by Force Majeure then time for performance of our obligations under the Contract shall be extended for a period equal to the period of the delayed performance.
8.5 These terms and conditions supersede and replace all prior terms and conditions, communications, representations, warranties, stipulations, undertakings, and agreements whether oral or written between the parties.
8.6 This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with it (whether of a contractual or tortious nature or otherwise).
8.7 We have the right to vary the Contract, by giving you 7 days written notice of such variation.
8.8 Unless otherwise stated all our SELS quotations include supply of one set of SELS ‘Standard documentation package only’ as supplied to us by the manufacturers. All equipment will be supplied compliant with the Machinery Directive and fully certified for use in the European community complete with the EC Declaration of Conformity, the Operation & Maintenance Manual and all equipment is therefore CE marked.
8.9 The following are not supplied as standard: certificate of compliance, certificate of Origin, galvanizing certificate (or specification), painting certificate (or specification), NDT certificate, welding certificates, material certificate, mill Certificate, report of load test, test certificates, report or of thorough examination, shipping and packing notes, electronic documentation, proof of / certification of minimum break test, DNV or other accredited third party certification (or inspection) or Access to the Quality or Technical files.
9. CONSUMER CREDIT ACT
9.1 IMPORTANT YOU SHOULD READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS. The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement against you without getting a court order.
9.2 For further information about your statutory rights under the Consumer Credit Act 1974 and other legislation, contact your local authority Trading Standards Department or Citizens Advice Bureau.
9.3 MISSING PAYMENTS – Missing payments could have severe consequences and may make obtaining credit more difficult.
10. TERMS APPLYING TO CONSUMERS ONLY
10.1 PLEASE NOTE THAT THIS SECTION ONLY APPLIES WHEN YOU ARE ENTERING THE CONTRACT AS A CONSUMER.
10.2 Where you are acting as a consumer under the Unfair Contract Terms Act 1977 (you enter into the Contract not in the course of business), the following provisions in the Contract may, subject to determination by the Courts, have no force or effect:
10.2.1 Section 2.3 (employees' representatives);
10.2.2 Section 3.8 (payment of interest on late payment);
10.2.3 Section 3.9 (no right of set-off);
10.2.4 Section 5.6 (payment for delayed performance as a result of your non-compliance with the Contract);
10.2.5 Section 6.3 (suitability of Equipment);
10.3 Should any defect occur in the Equipment and/or Products, other than one for which you were responsible, we will at our option either, replace or repair the Equipment and/or Products (at no charge to you) as soon as is reasonably practicable. We shall not replace, repair or service any Equipment and/or Products until any outstanding Charges have been paid in full and cleared funds.