Locker Shop UK Limited
Terms & Conditions
Terms & Conditions
1.www.shelvingstore.co.uk is a domain owned and manged by Locker Shop UK Ltd.
In referring to the 'Company' it refers to ‘Locker Shop UK Ltd'.
The term ‘Purchaser’ refers to an individual or organisation or company who enters into a contract with Locker Shop UK Ltd.
(i) If a quotation is offered to the purchaser and if any order is accepted by the company they will be subject to conditions as follows.
Conditions submitted or contained in any order will not be included in the contract and will be excluded from the contract and variations thereof unless the “company” confirms acceptance expressly in writing.
(ii) The expression of 'Goods' in these conditions refers to plant equipment, products , materials, equipment or any parts thereof that is supplied by the Company . The term or expression 'Services' means any works or design of works any repair or supervisory services and any works of erection or installation on site or any other act to be performed by the Company.
(iii) A Contract is not deemed to exist unless and until any requested order from the Purchaser is accepted by the Company, expressly in writing. Regarding the afore-said, It is entirely without prejudice to the Company's whole rights at common law that in any event that the Company seeks to claim that a Contract has come into existence where there is no such written acceptance.
(iv)The terms and conditions contained herewith are subject to English Law and the jurisdiction for disputes and breaches will be limited to Courts and dispute resolution tribunals and bodies in England and Wales.
2. INSTALLATION SURVEYS and SITE SURVEYS
(i) A quotation supplied by the Company will be subject to a survey of the site being made by the Company's employees should the Company require the information that has been provided by the Purchaser needs verification. This option remains at the Company’s discretion
(ii) The Company reserves the right in any regard to amend, change or alter the design following any site survey.
(iv) The Company will accept no responsibility for ensuring that the Purchaser's premises will be adequate to withstand any loads imposed or any of the fixing methods proposed and the Purchaser is deemed to have provided confirmation and warranted that all parts of the Purchasers building including floors , wall , foundations, joists and beams, roof and walls, and including all other parts of the purchasers site and buildings are in a sufficiently strong , fit condition to allow the works to be safely carried out using the company’s materials and services and methods employed.
Any quotations provided by the company are valid for a period of 30 days only. This period will be deemed to be 30 day only unless expressly stated, by the company, to be valid for any longer or shorter period , if longer thereafter it will be subject to confirmation before the company’s acceptance or order.
4. PAYMENT TERMS
(i) The Purchasers Terms of payment are as follows:-
a) Any contract for the Supply of Goods or Services shall be paid within 30 days from the date of invoice. Notwithstanding the above-mention and at all times, the Company will reserve the right to demand an immediate payment in advance of supply of any Goods or Services or reserves the right to request instalments of payments which may comprise interim progress payments and an agreed final payment. Should it be agreed that any interim and or final payments will be conditional on an issue of an Architect's Certificate; the due payments will be made within 21 days of the date of the Certificate
b) The ordered good will be deemed to have been received and taken on by the Purchaser on the date of practical completion. Any minimal defects which are not affecting the use of the supplied goods for the intended purpose of use will not cause any delay in the terms of payment.
(ii) Time for payment shall always remain the essence of the Contract. Should payments not be made in line with the agreed payment terms then the Company is entitled to charge interest on all outstanding balances at a rate equivalent of four per cent (4%) above the bank base rate based on the rate of the Company's Bankers. The company may additionally postpone any outstanding fulfilment of its own obligations in regards to supply of goods and services until any overdue payments are made.
(iii) Any dispute arising relating to the quality or performance of the Goods or Services or defects or omissions shall NOT entitle the Purchaser to delay or defer payment unless the Company has agreed any liability thereon in an agreed sum or shall have been found liable by a Court of competent jurisdiction.
(i) All prices quoted are net of Value Added Tax unless otherwise stated.
(ii) The quoted prices for the supply for Goods or Services will subject to change subject to and following fluctuation or change in the costs for in the cost of labour or materials or transportation costs or any overheads, currency exchange rates. I addition any fluctuation in taxation, or increase resultant from changes in Government Orders and Regulations, new or existing, or any other similar factors which is outside of the control of the Company's control including any increase in any costs following the date of any quotation up to and including the date of delivery will be added to the agreed contract price.
(iii) Should the purchaser make any variation or change to the specification of the contract or changes to when the work can be carried out other than during normal business hours then the company reserves the right to make amended additional charges in respect to those variations
(iv) The Purchaser is not entitled to any claim in respect to any change, repairs or alterations that is undertaken by the Purchaser without the prior written consent of the Company.
6. RISK AND TITLE
(i) Risk shall be deemed to be the responsibility of the Purchaser when the Goods or any significant or relevant part has left the premises of the Company or is subcontractors in the provision of the delivery to the customer as instructed in the customers order. Notwithstanding the aforementioned, the Company may arrange for any deliveries so that the Purchaser holds all responsibility for all subsequent losses, damage or deterioration.
ii) Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions the property in the Goods shall not pass to the Purchaser until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods or items agreed to be sold by the Company to the Purchaser in respect of which the Purchaser is indebted to the Company whether or not payment is then due as a result of any period of credit having been agreed. Until such time as the property in the Goods passes to the Purchaser, the Company shall be entitled at any time to require the Purchaser to deliver up the Goods to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the Goods are stored and to repossess the Goods.
(iii) The Purchaser is not allowed and has no permission to sell the Goods purchased and supplied by the Company prior to the passing of title of the goods. Should the Purchaser sell the goods it is on the express understanding that the Purchaser will hold on trust for the Company sufficient proceeds from the sale of the goods and received by the Purchaser under contracts which include any of the Goods hereby sold either in their original or altered state as necessary to discharge payment in full to the Company.
7. DELIVERY AND DELAY
(i) The time for delivery and performance will be provided in good faith and will be provided as accurately as possible. Time for delivery and performance will not be of the essence of the Contract between the purchaser and the company. The Purchaser will retain no right to any damages or any right to impose any penalties and will retain no right to cancel the order for delay from any cause unless this is agreed by the Company in writing.
(ii) Without any prejudice to the preceding Condition 7(i), time for delivery and performance shall only be conditional upon the receipt of a final instruction being received by the Company from the Purchaser within seven days of the date of receiving the Purchaser's written order and in addition any and all necessary approvals by the Purchaser must be obtained forthwith upon request.
(iii) In all cases the Purchaser shall provide notification to the Company in writing providing all necessary forwarding or delivery instructions within a period of not less than seven days of notification from the Company that the goods are ready for delivery/dispatch. The Company will try to comply with requests made by the Purchaser asking for a postponement of delivery but will not be under any obligation to do so. When a delivery is deferred or postponed for any reason other than the fault by the Company then the Purchaser shall pay any costs and expenses incurred by the company the swill include any reasonable charges for storage if required and any additional transportation costs. The Company shall be entitled to issue an invoice to the purchaser for the goods in accordance with these Conditions.
(iv) Unless agreed in writing by the company the delivery of goods shall be made to the nearest point, road or rail, to the Purchaser's provided delivery address. The Purchaser holds responsibility to notify the Company of any restriction for access possibly affects delivery such as weight restrictions, width restrictions, height restrictions or restrictions on loading hours for unloading the delivery vehicles. The Company reserves the right to determine the delivery unloading point.
(v) Should any deliveries be required as multiple deliveries over a period extending over 14 days then each consignment is to be considered as a separate transaction and will be invoice a separate orders/deliveries.
8. DAMAGE S, NON DELIVERY, NON-RECEIPT, RETURNING GOODS
(i) The goods and materials delivered to the purchasers delivery address against the purchasers order must be examined by the Purchaser on delivery. The Company will not be liable for claims in respect of a claimed shortage or damage to have happened in transit unless the Carrier and the Company are provided with written notification three days of delivery.
If no notice of shortage or damage is provided to the company by the purchaser within 3 days of delivery it will be deemed that the Goods have been received, that all goods are present in the correct quantities and that all goods are free form any damage or defect that would be visible upon inspection upon delivery.
(ii) A credit for shortage or damage will only be allowed and provided when the conditions set out by the Company in the sub clause preceding this one are fully met.
(iii) Products supplied are manufactured for the Purchaser and will be built to the Purchasers specification detailed in the purchasers confirmed order and the purchaser does not retain any right to vary or cancel the Contract nor will they have any right return any delivered products unless the Product is defective. In addition we may, at our absolute discretion, consider and agree to cancel your Order. In instances where we do agree to cancel your Order we will write to you confirming that the contract in place between us has been cancelled. We will be entitled to retain up to 25% (twenty five percent) of the purchase price for the Products paid by you. In situations where insufficient funds have been paid by the purchaser at the time of a cancellation of an order we retain the right to charge you for cancelling. This charge shall be an amount that we shall, in our sole discretion, decide up to a maximum sum of 25% (twenty five percent) of the purchase price for the Product ordered. The amount of any money to be retained or charged by us under this condition will be determined by us after consideration and account of the losses and any costs that we will reasonably suffer due to your cancellation and will be up to a maximum amount of 25% (twenty five percent) of the purchase price agreed and confirmed in your order.
Any goods delivered can only be accepted back for credit following our express written permission. The goods must be returned as delivered in unused, un opened condition and in all original packaging. A credit will not be given for any goods received back by us that are damaged. Unless otherwise stated, you as the buyer will be responsible for any cost for the return carriage of all goods being returned and shall be at the risk of the buyer until the goods are receipted by the “the company”. At all times proof of return delivery will remain with you the buyer. Any products or items that are returned by the above pre-arrangement agreement that are subsequently found to have no fault will be subject to a minimum 25% re-stocking charge.
9. CANCELLATION OF ORDERS
A cancellation an order made by the Purchaser will only ever be accepted by the Company on the understanding and condition that all of the costs and expenses and that all loss of profits and any other loss including any damage sustained by the Company shall be reimbursed to the company by the Purchaser.
10. INSTALLATION WORKS
(i) If the purchaser has ordered installation and contracted the Company to undertake any works of installation at site then the Purchaser must supply:-
a) A level site suitable and ready for the installation specified. The site must provide a working space which is suitable for the placement of all materials and product. The installation site must foundations suitable for the works to be carried out and the site must provide any and all required cover or temporary cover to provide protection of the goods and material and installation work from the elements.
b) water, light, compressed air, power, specialist lifting equipment with qualified operatives that are necessary in connection with the erection and shall undertake any and all filling in or making good of floors, roofs, provision of cover plates over inspection pits and any other civil engineering work. Removal of rubbish from site remains the responsibility of the Purchaser at all times.
c) a satisfactory and continuously available means of access to and from the site that is free from any obstruction along with off loading facilities and parking facilities for the vehicles of the Company, its employees and agents; and
d) Any required health and welfare facilities which may be required by law under regulations current from time to time for employees of the Company while they are engaged at the Purchaser's premises in the performance of the Contract.
Any and all connections to services be it permanent and temporary for any fuel, electricity, air, water and drains, to either main plant or auxiliary equipment shall be the full responsibility of the Purchaser.
(ii) The Purchaser shall indemnify the Company in respect of all claims made or proceedings taken against the Company by any third party including, but not limited to employees of the Company, the Purchaser's employees or the employees of any Contractor employed by the Purchaser or the personal representatives or dependants of any such employees or any other third parties in respect of personal injury or damage to property (including damage as a result of fire or explosion) caused by or arising out of the Goods and Services in any manner whatsoever, except where it is proven that the Company or its employees have been negligent.
(iii) Any and all personnel that may be provided by the Purchaser in the assistance of the Company shall in all respects always remain as employees of the Purchaser.
(iv) The Purchaser shall at all times ensure that the Company is in a position to carry out and complete its work with continuity and without hindrance or any additional expense incurred by the Company. Should the Purchaser fail to ensure the above, then the Company shall be entitled to claim any additional costs from the Purchaser.
(v) The Company is be entitled at any time to appoint one or more sub-contractors to carry out all or any of its obligations.
(vi) Where Contractors other than those employed by the Company are involved their programmes will be arranged by the Purchaser to permit the Company's work to be carried out with continuity and with one visit to the site. Should the Company be subject to delays or require to make a return visit or return visits to the site additional cost will be chargeable to the Purchaser.
(vii) On completion of the contract all surplus material by the Company shall, unless otherwise agreed, remain the property of and be removed from the site by the Company. Until such material is removed the Purchaser shall take reasonable precautions for the sole custody of such surplus materials.
Other than in accordance with the detail of Condition 15 below or if it is otherwise agreed in writing the Company shall not be liable for the cost of rectifying Goods or Services.
(i) Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of Goods the company shall not be liable in any circumstances in respect of death or personal injury and under no circumstances whatsoever shall the Company be liable for consequential loss (including removal or rectification work required in connection with installation of repaired or substituted Goods) loss of profits or damage to property.
(ii) Without prejudice to sub-paragraph (i) of this Condition where the Goods are supplied for the purpose of a business the Company's liability whether in respect of one claim or the aggregate of various claims, (other than claims for death or personal injury due to negligence on the part of the Company) shall not exceed £1,000,000 and the Purchaser agrees to insure adequately to cover such claims in excess of such amount.
13. DESCRIPTION, DRAWINGS, DATA, CONFIDENTIAL INFORMATION
(i) The Company at all times reserves the right to modify, change or improve the specification and design of any or all of the component parts included in any quotation which is subsequently supplied accordingly.
(ii) Any and all drawings, specifications or any other information supplied by the Company will be provided on the express condition that the Purchaser will not do any of the following without the express written consent of the Company:-
a) Provide, give, lend, exhibit or sell any such drawing or part of, or any extracts there from or any copies thereof;
b) Will not use the information in any way except for the purpose of installation of or operation of the Goods, product or equipment for which they are issued;
(iii) All illustrations, descriptions, specification and performance schedules contained in any product brochures supplied by the form no part of the Contract. The Purchaser shall be responsible for the accuracy of all information and drawings supplied by it and the Company shall not be under any responsibility to check the accuracy thereof. Copyright and other intellectual property rights in respect of all drawings and other documents prepared by the Company shall remain the property of the Company.
14. TRADEMARKS, PATENTS, COPYRIGHT
Where Goods or Services consist of any article to be manufactured, altered or worked upon by the Company in accordance with the design, specifications or instructions of the Purchaser, the Purchaser warrants that any such article shall not in any way infringe any letters patent, copyright or any other protection subsisting in favour of third parties and agrees to indemnify the Company against all actions, claims and demands, including any costs and expenses incurred by the Company. In the event of any claim being made against the Purchaser in respect of infringement of letters patent, copyright or other protection in respect of Goods or Services designed and supplied by the Company, the Company shall be at liberty at its absolute discretion to conduct all negotiations for the settlement of any such claim or any litigation or proceedings which may arise therefrom.
(i) Save as otherwise provided by the other conditions of these conditions Sections 12 to 15 of the Sale of goods Act 1979 are to be implied into this Contract.
(ii) In the event of the condition of the Goods being such as might or would (subject to these Conditions) entitle the Purchase to claim damages or to repudiate the Contract the Purchaser shall not then do so but shall first ask the Company to repair or supply satisfactory substitute goods and the Company shall thereupon be entitled at its option to repair or take back the defective Goods and to supply satisfactory substitute Goods free of cost and within a reasonable time. If the Company does so repair or supply satisfactory substitute Goods the Purchaser shall be bound to accept such repaired or substituted Goods and the Company shall be under no liability in respect of any loss or damage whatsoever arising from the initial delivery of the defective Goods or from the delay before the defective goods are repaired or the substitute Goods are delivered.
16. FORCE MAJEURE
Neither Party shall have any liability under or be deemed to be in breach of the Agreement for any delays or failures in performance of the Agreement which result from circumstances beyond the reasonable control of the Party affected. Each Party shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 30 days, either Party may terminate the Agreement by written notice to the other Party.
17. WRITTEN TRADE REFERENCES
If it is required by the Company the Purchaser shall provide full details of three suitable written trade references.
18. PLANNING PERMISSION, LICENCES, REGULATIONS, BY-LAWS
(i) No responsibility is accepted by the Company for failure to comply with any statutory or other regulations or local by-laws affecting the siting, use, operation or construction of the Goods. All consents and approvals required shall be obtained by the Purchaser.
(ii) All fees or charges made by Local Authorities in connection with regulations or the passing of plans will be payable by the Purchaser.
19. LAW AND JURISDICTION
The validity, construction and performance of the Agreement, and all contractual and non contractual matters arising out of it, shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
20. RIGHT OF SET-OFF (AND COUNTER CLAIMS)
There is no right of set-off in respect to any claims by the Purchaser against the Company and the Purchaser shall not withhold payment or any part of any payment which has become due to the Company for works or services provided to the Purchaser.
21. ASSIGNATION BY THE PURCHASER
The Purchaser shall not make any composition or arrangement with or assignation for the benefits of his creditors in respect of the Company's Goods or Services without the Company's agreement in writing.
(i) Waiver by the Company of any breach of the Contract by the Purchaser shall not be considered as a waiver of any such subsequent breach of the same or any other provision.
(ii) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and remainder of the provision in the question shall not be affected thereby.
(iii) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoices or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
(iv) The Company's employees or sub-contractors are not authorised to make any representations concerning the Goods or Services unless confirmed by the Company in writing. On entering into the Contract the Purchaser acknowledges that it does not rely on, and waives any claims for breach of, any such representations which are not so confirmed.
(v) Any reference in these Conditions to the provisions of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
The Company is entitled to terminate any Contract by providing written notice to the Purchaser in the occurrence of the following:-
(i) The Purchaser is in material breach of any obligation which is capable of remedy, and that breach is not remedied within 30 days of the Supplier receiving notice specifying the breach and requiring it to be remedied;
(ii) The Purchaser ,being an individual or firm, moves to a position of insolvency other than voluntarily for the purpose of solvent amalgamation or reconstruction), or should an administrator or administrative receiver be appointed in respect of the whole or any part of the Purchasers assets or business, or should the Purchaser makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt in any jurisdiction;