Terms of service

1 Definitions

Buyer: the person who buys or agrees to buy the goods from the Seller.

Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.

Goods: the articles or services which the Buyer agrees to buy from the Seller.

Price: the price for the Goods, excluding VAT and any carriage charges, packaging and insurance costs.

Seller: means Flextraction Ltd of 10 Digby Drive, Leicester Road Industrial Estate, Melton Mowbray Leicestershire LE13 0RQ. 

2 Conditions

These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods. To the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the buyer may purport to apply under any purchase order or confirmation of order or any other document. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions. These Conditions may not be varied except by the written agreement of Mr W P Gilder, Managing Director, of the Seller. These Conditions represent the whole of the agreement between the Seller and the Buyer

3 Price

The Price shall be the price quoted on the Seller’s e-commerce site. The Price is exclusive of VAT, which shall be due at the rate in force on the date of purchase.

4 Performance

Our equipment is designed for the performance specified on the product's listing. We do not accept liability for a product incorrectly chosen by the buyer and are not accountable if performance is not suitable for the application. Noise data in respect of motors, fan units and other components, which are supplied to us, and incorporated in the equipment offered is presented in good faith and only comprises information given to us by suppliers of such components. We do not accept liability for any error or mis-description in information so obtained there.

5 Payment and Interest

Payment of the Price and VAT shall be due at time of checkout.

6 Goods 

The quantity and description of the Goods shall be fulfilled as per order received through our e-commerce site.

7 Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description provided on the online store page. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or conditions of the Goods are excluded].

 

8 Delivery of the Goods

8.1 Delivery of the Goods shall be made to the Buyer’s address or an address as advised at the time of order. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

8.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

8.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

8.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable cost of so doing.

 

9 Acceptance of the Goods

9.1 The Buyer shall be deemed to have accepted the Goods 2 working days after delivery to the buyer.

9.2 The Buyer shall carry out a thorough inspection of the Goods within 2 working days of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any defects that a reasonable examination would have revealed.

9.3 Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

9.4 Goods returned under agreement with flextraction shall be liable to a 15% restocking charge and dependent on goods returned in reusable condition. return carriage cost will be covered by the buyer.

10 Title and Risk

10.1 Risk shall pass to the Buyer on delivery of the Goods to the Buyer’s address, or the address to which the Goods have been despatched at the Buyer’s request. Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full. Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller. In the event of late payment, the Seller may at any time before title passes and without liability to the Buyer repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

10.2 Where, under a contract of sale, the property in the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods.

11 Carriage

Unless otherwise stated, carriage will be charged on all sales as an extra at a rate determined and detailed at checkout.

12 Legal Construction

The Contract shall in all respects be construed and operated as an English Contract and in conformity with English Law.

13 Tax

All prices quoted are subject to Value Added Tax at rates current at the time of checkout.

Any questions regarding our T&Cs please direct to sales@flextraction.co.uk