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Southend Sites Terms & Conditions These are our Terms and Conditions. You are welcome to print them out if you need to refer to them on paper. SOUTHEND SITES TERMS AND CONDITIONS OF BUSINESS |
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| Giacomino
Parkinson trading as Southend Sites, 152 Bridgwater Dr, Westcliff on
Sea, Essex SS00DS Click above to contact ... working towards the smarter ... © Southend Sites 2004 |
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1 |
Definitions |
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1.1 |
The Buyer means the person who buys or agrees to buy goods or services from the Seller. |
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1.2 |
The Seller means Giacomino Parkinson trading as Southend Sites. |
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1.3 |
Conditions means the conditions of sale and business set out in this document and any special conditions agreed in writing by the Seller. |
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1.4 |
Goods means any goods or services offered for sale by the Seller from time to time. |
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2 |
Conditions |
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2.1 |
These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. |
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2.2 |
No variation or addition to these conditions shall be effective unless agreed in writing by the Seller. |
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2.3 |
No contract for the sale of goods shall arise until the Seller dispatches the goods to the Buyer or the Buyer notifies the Seller in writing of its acceptance of the Seller's quotation (whichever shall first occur). |
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2.4 |
Acceptance of the Seller's quotation by the Buyer shall be in writing to the Seller, including but not limited to, by letter, fax and/or e-mail. |
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2.5 |
Acceptance of delivery of goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions. |
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2.6 |
Acceptance of delivery of goods, whether physical or material or electronic, by the Buyer shall be in writing to the Seller, including but not limited to, by letter, fax and/or e-mail. |
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2.7 |
Nothing in these conditions shall affect the statutory rights of any consumer. |
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3 |
Prices |
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3.1 |
The prices shall be that on the Seller's current list price or, if applicable, the price contained in the Seller's quotation. |
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3.2 |
The Seller reserves the right to revise prices prior to completion of work to reflect any direct or indirect increase in costs or working time to the Seller, but if the price has been paid in full prior to completion of work no price revision may take place without the prior written agreement of the Buyer. |
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3.3 |
Where applicable, all prices are inclusive of charges for packing, postage and carriage, except where stated. |
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3.4 |
Payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the contract as repudiated by the Buyer or to delay delivery until paid (in addition to any other remedy). |
| 3.5 | If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable |
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3.6 |
All small services completed on one day shall be paid on the day of completion. |
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4 |
Invoices Information |
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4.2 |
All invoices shall be paid in full free from any deduction for any set off, counterclaim or otherwise howsoever. |
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5 |
Warranty and Liability |
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5.1 |
The Seller warrants that the goods will at the time of completion or delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the Buyer warrants that the Buyer is satisfied as to the suitability of the goods for the Buyer's purpose. |
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6 |
Delivery and Completion |
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6.1 |
Whilst every reasonable effort shall be made to keep to any delivery or completion date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery or completion date. |
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6.2 |
Unless otherwise agreed the Seller may deliver by instalment and in such case each instalment shall be treated as a separate contract and any delay, default or non delivery in respect of any instalment by the Seller shall not entitle the Buyer to cancel the remainder of the contract. |
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6.3 |
Failure by the Buyer to pay for any instalment or delivery when due shall entitle the Seller to withhold further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such goods which the Seller is then entitled to withhold. |
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6.4 |
Delivery of physical and material goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. |
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6.5 |
Delivery of electronic services shall be made to the Buyer's e-mail address or Website domain and the Buyer shall make all arrangements necessary to enable the Seller to deliver the electronic services whenever they are tendered for delivery. |
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6.6 |
Following completion and delivery of electronic services such as but not limited to Website's, the Buyer shall be responsible for all marketing and promotion of those electronic services, unless otherwise arranged with the Seller. |
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7 |
Ownership and Risk |
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7.1 |
The risk in goods shall pass to the Buyer when a contract is made but kept at the Seller's premises at the Buyer's request. |
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7.2 |
The Seller remains the owner of the goods affected by the contract until the Seller has been paid in full for such goods. |
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7.3 |
If any payment due under these terms and conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or resell the goods or any of them and may enter the Buyer's premises including any Website domains owned by the Buyer, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the Buyer shall be liable for the all the Seller's costs of so doing. |
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7.4 |
If the Buyer is a consumer and properly rejects any of the goods which are not in accordance with the contract, the Buyer shall nonetheless pay the full price for such goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer's cost return such goods to the Seller in good condition. |
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7.5 |
In the case of any other sale the Buyer shall inspect the goods immediately upon delivery or completion and shall notify the Seller within five days of delivery or completion if the goods are damaged or do not comply with the contract. This includes electronic services such as, but not limited to, Website's |
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7.6 |
Any goods in respect of which any claim or defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either: |
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(a) Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the goods, or |
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(b) At the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the goods are in fact defective. |
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8 |
Cancellation Returns |
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8.1 |
No contract shall be cancelled nor shall any goods, including electronic services, which are in accordance with the contract, be returned without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller. |
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8.2 |
Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such goods, then: |
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(a) A goods return number obtained from the Seller must be clearly shown on the returned parcels, in the case of physical and material goods. |
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(b) The goods to remain at the Buyer's risk in all respects until received by the Seller. The Buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer's fault. |
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(c) The Seller reserves the right to make a handling and restocking charge of on physical and material goods which are returned if they were ordered in error or are no longer required. |
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9 |
Force Majeure |
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9.1 |
The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery or completion of any goods by any reason or cause beyond the Seller's control. |
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10 |
No Waiver |
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10.1 |
The Seller's failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance of compliance with any of these conditions. |
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11 |
Liability |
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11.1 |
Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in circumstances not exceed the price of the goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damages. |
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12 |
Dispute |
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12.1 |
In the event of a dispute between the Buyer and the Seller, should the Seller request in writing, the Buyer agrees to submit the dispute to arbitration in accordance with the arbitration action for the time being in force as a legally binding alternative to court action. These conditions shall be construed in accordance with English law. |
