1. INTERPRETATION
(A) In these Conditions: -
“Us”, “Our” or “We” means 'Kentec Tool Hire Ltd' (registered in England under number 1381285) whose registered office is at Unit 2, Riverdale Estate, Vale Road, Tonbridge, Kent, TN9 1SS.
“You” or “Your” means the person, company or organisation who accepts a quotation from us for the sale of Goods or whose order for the Goods is accepted by us.
“Goods” mean the goods (including any instalment of the goods or any parts for them) which we are to supply in accordance with these Conditions.
“Conditions” mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the You and a Director of 'Kentec Tool Hire Ltd'.
“Contract” means the contract for the purchase and sale of the Goods.
“Writing” includes telex, cable, facsimile transmission and comparable means of communication.
(B) Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
(C) The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE:
(A) No variation to these Conditions shall be binding unless agreed in Writing between You and a Director of the 'Kentec Tool Hire Ltd'.
(B) You acknowledge that you have not relied on, and waive any claim for breach of, any representations made by us or our employees or agents.
(C) Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk.
(D) Any typographical, clerical, or other error or omission in any sales literature, quotation, acceptance of order, invoice or other document issued by us shall be subject to correction without any liability on our part.
3. ORDERS AND SPECIFICATIONS:
(A) No order submitted by you shall be deemed to be accepted until confirmed in writing by us.
(B) You shall be responsible to us for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by you.
(C) The quantity, quality and description of any specification for the Goods shall be those set out in our quotation or our written order confirmation whichever is the latter, provided that all sizes and thickness of materials stipulated in said specification shall be approximate only.
(D) If the Goods are to be manufactured or any process, including printing or personalisation, is to be applied to the Goods by us in accordance with a specification submitted by you, then you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which result from our use of your specification.
(E) We reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to our specification, which do not materially affect their quality or performance.
(F) No order which has been accepted by us may be cancelled by you except with the agreement in Writing from us and on terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.
4. PRICE OF THE GOODS:
(A) The price of the Goods shall be our quoted price.
(B) We reserves the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by you, or any delay caused by any instructions from you or failure of you to give us adequate information or instructions.
The price is exclusive of any applicable current value added tax, which you shall be additionally liable to pay to us.
5. RETENTION OF OWNERSHIP:
Title of goods is property of Kentec Tool Hire Ltd until full payment is received. The purchaser agrees to store the goods so they are at all times readily identifiable as the property of Kentec Tool Hire Ltd. This means that Kentec Tool Hire Ltd shall be entitled immediately after giving notice of its intention to repossess, to enter upon your premises and repossess any goods to which it has title if full payment has not been made. Nothing in this condition shall confer any right upon you to return the goods or to refuse or delay payment for the goods.
6. DELIVERY:
(A) Carriage of Unprinted Garments, Safety Footwear and PPE – Subject to stock levels, deliveries received before 12.00 p.m. are usually despatched same day using FedEx or The Royal Mail 'Signed For' Service.
(B) Carriage of Personalised/Printed Garments – Subject to stock levels, personalised or printed garments are normally delivered within 7 working days. The Supplier will always endeavour to deliver personalised and printed garments as soon as possible, after you has approved artwork.
(C) Carriage Charges - All orders will have the following carriage charges automatically added to the order. All carriage charges apply to delivery within the United Kingdom Mainland only. There may be additional charges for deliveries to the Channel Isles, Northern Scotland or the Isle of Wight.
(D) Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. The Goods may be delivered by us in advance of the quoted delivery date upon giving reasonable notice to you.
(E) Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
(F) In the event that we are found to have a liability under these Terms and Conditions, or under Statutory law, this liability shall be limited to the excess (if any) of the costs to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
(G) If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to us, then we may:-
(H) Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage: or
(I) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the Contract price or charge you for any shortfall below the Contract price.
7. DAMAGES, SHORTAGES OR NON DELIVERY:
(A) Damage or Short Delivery - Damage and/or shortages must be noted on carriers delivery sheet immediately and notice in writing given to us within 3 days of receipt of goods.
Non Delivery - Claims for non delivery must be made in writing to us within 3 days of date of dispatch shown on invoice.
(B) Return of Goods Not Required/Unwanted:
We accept that from time to time clients order too much or the wrong equipment. However, there is a cost to every transaction, we will accept items and equipment (except printed garments) that are not required or unwanted for return within 14 days from the date the goods are delivered, providing; the goods are still in the original packaging, un-marked, un-damaged and in a re-sellable condition subject to a restocking charge of 15% of invoiced value. It is your responsibility to cover the cost of returning items to us. A credit will be issued less the restocking charge of 15%, for the value of the returned goods only, once the above criteria have been met. Alternatively, replacement goods can be issued free of charge of an alternative size/style, if required subject to availability, but again you are responsible to cover the costs of any associated carriage and re-stocking charges.
Please ensure that any returned goods are adequately insured as we cannot accept liability for any goods posted by you which are lost or damaged in transit. All goods to be returned must be authorised before return. No unauthorised returns will be accepted. Once authorised please return the goods to our offices at:
Kentec Tool Hire Ltd
Unit 2, Riverdale Estate
Vale Road
Tonbridge
Kent
TN9 1SS
(NOTE: We unfortunately cannot refund or replace any garments which have been printed or personalised)
8. SAMPLES
Should you require a sample please contact us with your requirements. The cost of any sample along with the appropriate carriage charge will be payable prior to dispatch. If within 14 days you wish to proceed with an order based on the sample received, we will gladly refund the full cost of any sample along with all carriage charges, providing the sample is returned clean, unworn and undamaged.
9. PAYMENT:
(A) Payment must be made in advance. We accept all major credit cards including MasterCard, Visa and debit cards such as Switch and Delta via World Pay On-Line or directly. We can also accept cheques and credit transfers, although goods will not be dispatched until funds have cleared.
10. LIABILITY:
If you have notified us of a problem with the goods within 7 days of delivery, we will, subject to availability, either rectify any shortage or non-delivery; replace/repair any goods that are damaged or defective upon delivery. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
We shall not be liable to you or be deemed to be in breach of the Contract due to any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control, which shall include (without limitation) any:-
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) war or threat of war, sabotage, insurrection, civil disturbances or requisitions:
(iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
(iv) import or export regulations or embargoes;
(v) strikes, lock-out or other industrial actions or trade disputes (whether involving our employees or a third party’s);
(vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(vii) power failure or breakdown in machinery.
11. YOUR INDEMNITY:
You hereby indemnifies us and undertakes to keep us indemnified.
(A) against all costs, charges, liabilities or expenses including legal costs, reasonably incurred by us in exercising any of its rights contained in these Conditions.
(B) in respect of any claim which may be made against us under Section 6 of the Health and Safety at Work Act 1974 or any equivalent safety legislation outside the United Kingdom except where such claim arises as a result of our proven negligence.
12. GENERAL:
(A) Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at the others given private address or in the case of a business, its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
(B) No waiver by us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
(C) 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 the remainder of the provisions in question shall not be affected thereby.
(D) The Contract shall be governed by the laws of England and we and You hereby submit themselves to the non-exclusive jurisdiction of the Courts of England and Wales.
