The price quoted includes VAT (unless otherwise stated).
The price quoted excludes delivery, insurance (unless otherwise stated) – delivery options and their associated prices will be provided during the checkout process.
Acceptance of Orders and Delivery
All delivery times quoted are estimates only.
Orders are only accepted by us (and a contract between us only comes into existence) when we delivery the goods.
If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract (in which case, we will refund all sums received from you in respect of the un-delivered goods). However:
you may not cancel if we receive your notice after the goods have been dispatched; and
if you cancel the contract, you can have no further claim against us under that contract.
If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
We may decline to deliver if:
we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
the premises (or the access to them) are unsuitable for our vehicle.
Risk and Title
Title and risk in the goods passes to you at the time of delivery.
Delivery takes place when the goods are passed to the royal mail or courier charged with delivering them to you – you should therefore consider choosing an insured form of delivery.
You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within seven days of receipt or the expected date of receipt. You must give us (and any carrier) a fair chance to inspect the damaged goods.
You are to pay us by credit or card at the time of placing your order.
We warrant that the goods:
comply with their description on our website; and
are free from material defect at the time of delivery (as long as you comply with clause 5.3).
We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
If you believe that we have delivered goods that are defective in materials or workmanship, you must:
inform us (in writing), with full details, as soon as possible; and
allow us to investigate (we may need access to your premises and product samples).
If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 5.3) in full, we will (at our option) repair the goods replace the goods or refund the price.
We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to One Million Euro.
For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
Return of goods
We will accept the return of goods from you only:
by prior arrangement (confirmed in writing);
on payment of an agreed handling charge (unless the goods were defective when delivered); and
where the goods are as fit for sale on their return as they were on delivery.
Where the goods are supplied by us to you by way of export from the United Kingdom Clause 7 of these terms applies.
We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
Waiver and variations
Any waiver or variation of these terms is binding in honour only unless:
made (or recorded) in writing;
signed on behalf of each party; and
expressly stating an intention to vary these terms.
If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
If you are more than one person, each of you has joint and several obligations under these terms.
If any of these terms are unenforceable as drafted:
it will not affect the enforceability of any other of these terms; and
if it would be enforceable if amended, it will be treated as so amended.
No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
IMS Truck and Trailer Limited
Company Name: Industrial Machinery Supplies Limited