Terms & Conditions

Terms & Conditions

 

 

 

 

Terms & Conditions

 

1 DEFINITIONS

1.1 The Buyer means the party to whom Goods are invoiced.

1.2 The Contract means any contract between the parties for the sale of Goods by the Seller to the Buyer.

1.3 The Contract Price means the price in effect at the time of despatch of the goods from the Sellers warehouse unless otherwise stated.

1.4 Goods mean any goods ordered by the Buyer and supplied by the Seller pursuant to the Contract.

1.5 The Seller means Crystalhenge.com

 

2 TERMS AND CONDITIONS

2.1 These are the only conditions, upon which the Seller is prepared to deal with the Buyer, and they shall govern the Contract to the entire exclusion of any other express or implied terms ALWAYS PROVIDED that nothing contained herein shall operate so as to effect the Buyers statutory rights.

2.2 These conditions represent the entire understanding between the parties and supersede any prior arrangements, representations, undertakings, agreements or implications.

 

3 PRICES

The price charged is the price as per the Sellers current published trade price list, less any agreed discount, unless otherwise agreed or unless the Seller has amended the price given to cover any variation in the cost to the Seller. Prices are subject to change without notice. The Seller reserves the right to amend the prices given at any time to cover any variation in cost which takes place after that time.

 

4 PAYMENT

4.1 Goods for Delivery in the UK:-

4.1.1 Unless otherwise agreed the prices quoted are strictly net 30 days from the date of invoice, and are exclusive of VAT. Unless otherwise agreed in writing payments shall be made in Sterling to Crystal Henge.com

4.2 Goods for Delivery Elsewhere than in the UK:-

Unless otherwise agreed the prices quoted are strictly net payments payable by sight draft letter of credit or such similar document as maybe accepted by the Seller upon presentation of documents at delivery.

4.3 All Territories

4.3.1 Any liability on the part of the Seller is subject to the above terms of payment and all other of the Buyer's obligations under the Contract being strictly observed;

4.3.2 The Seller reserves the right to deliver any one or more consignments, each consignment to be paid for in accordance with the above terms, and in the event of payment being overdue for any one consignment the Seller shall be at liberty to suspend all future deliveries without liability, pending satisfactory settlement being reached;

4.3.3 Interest is payable upon any overdue payments at the rate of 5 per cent per annum above the Lloyds TSB PLC base rate from time to time until receipt of actual payment (a part of month being treated as a full month for the purpose of calculating interest).

4.3.4 In the event of receivership or liquidation, or where no valid reason is given for non-payment of invoices, the Directors or the Proprietors of the company or business shall become personally liable to settle all outstanding debts properly due to Crystalhenge.com

 

5 DESPATCH

5.1 Dates for despatch shipping or delivery are approximate only and will date from the Seller's written acceptance of the Buyer's order. The Seller will use its best endeavours to ensure that such dates are met, but shall not be responsible for any direct or indirect losses which may arise from failure to despatch or deliver within the time stated. The Seller shall not be responsible for failure to deliver or delays in delivery occasioned by causes beyond its control, including without limitation strikes, lockouts, or other disturbances, inability to obtain materials, supplier’s failure to deliver, breakdowns delays of carriers or suppliers, governmental acts and regulations, acts of public enemies, wars, blockades, insurrections, riots, epidemics, floods, washouts and explosions.

5.2 Should despatch be delayed by any cause whatsoever, a reasonable extension of time shall be granted, and until such extension has expired the Contract shall not be capable of cancellation by reason only of such delay.

5.3 Where Goods are delivered on instalments under this contract each instalment shall be deemed to be sold under a separate contract and any failure on the part of the Seller for the delivering of a particular instalment shall not entitle the Buyer to repudiate the contract with regard to any instalments remaining deliverable or to refuse or to withhold payment for any of the Goods delivered.

 

6 DELIVERY

6.1 Time shall not be of the essence unless so agreed in writing. Delivery dates and times given by the Seller are genuine estimates and the Seller will take all reasonable steps to comply with them but shall not be liable for failure to do so.

6.2 If no time for delivery is specified the Buyer shall be bound to accept the Goods when they are ready for delivery and the Seller shall be entitled to invoice the Buyer whether delivery is accepted or not. If delivery is not accepted then the Seller shall be entitled to store the Goods and charge the reasonable costs thereof to the Buyer together with any other cost incurred including additional carriage. If within 1 month after the invoice date the price or part thereof remains unpaid the Seller shall be entitled to sell the Goods to a third party at such price as the Seller shall deem reasonable and any loss shall be a debt payable by the Buyer.

6.3 In respect of Goods delivered within the UK the Contract Price includes delivery to the premises stipulated by the Buyer unless otherwise agreed (subject to paragraph 10 below).

6.4 In the case of Goods to be delivered elsewhere than in the UK the Seller will deliver in accordance with the Buyers instructions and at its expense. The Buyer will pay all charges including cost of insurance of the Goods in transit, shipping, storage, freight and handling charges, local taxes, custom duties and insurance ex Works, unless otherwise stated by the Seller. If the Seller enters into any contract of carriage or insurance it does so as the Buyer's agent and at the Buyer's expense. The Buyer's order shall be deemed to include an irrevocable authority for the Seller to enter into any such contract of carriage or insurance as may be necessary and the Buyer will forthwith reimburse the Seller in respect of any and all expenses and charges thereby incurred.

6.5 In the case of Goods for delivery in the UK, the risk in the Goods shall pass to the Buyer from the date of delivery to the premises to which the Goods are required to be delivered or collection by the Buyer from the Seller' premises. In the case of Goods for delivery elsewhere than in the UK, the risk in the Goods shall pass to the Buyer at the moment of despatch from the Seller’s premises. Where the Buyer fails to accept delivery pursuant to Clause 6 .2 hereof and the Goods are stored by the Seller the risk shall pass to the Buyer from the invoice date and shall remain with the Buyer until sale or disposal.

6.6.1 If the Buyer enters into a Deed of Arrangement or makes any composition with Creditors or if a Receiving Order is made against him or if being a Company an Order for Winding Up is made or a Resolution for winding up is passed or if a Receiver is appointed or if the Buyer becomes otherwise unable or unwilling to meet his or its obligations in the ordinary course of business the Seller may stop any Goods in transit and suspend further deliveries and shall be entitled to treat the Contract as at an end owing to the default of the Buyer such default giving rise to damage;

6.6.2 Nothing in the preceding clause shall prejudice any other rights of the Seller;

6.6.3 Should default be made by the Buyer in paying any sum due under any Order as when it becomes due the Seller shall have the right to either suspend all further deliveries until the default be made good or at the discretion of the Seller and notwithstanding that the Seller may have exercised the right to suspend delivery to cancel the order so far as any further Goods remain to be delivered.

 

7 RESERVATION OF TITLE

7.1 The Buyer warrants that he/she is not insolvent and has not committed any act of bankruptcy or being a company with limited or unlimited liability knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver to petition for winding up of the company or exercise any other rights over or against the company's assets.

7.2 The Goods shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Buyer shall have paid to the Seller the agreed price for the Goods together with the full price of any other Goods the subject of any other Contract with the Seller.

7.3 The Buyer acknowledges that it is in possession of the Goods solely as bailee for the Seller until such time as the full price thereof is paid to the Seller together with the full price of any other Goods the subject of any other Contract with the Seller.

7.4 Until such time as the Buyer becomes the owner of the Goods the Buyer will store them whether on its premises or elsewhere separately from its own Goods or the Goods of any other person and in a manner which makes the Goods the subject of the Contract readily identifiable as the Goods of the Seller. In the event of a dispute regarding identification of such Goods then the Goods shall be deemed to be those most recently delivered.

7.5 The Buyer's rights to possession of the Goods shall cease if not being a company he commits an available act of bankruptcy or if being a company does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding up. For the purpose of recovering its Goods the Seller may enter upon any premises where the Goods are stored or where they are reasonably thought to be stored and may repossess the same.

7.6 Subject to the terms hereof the Buyer is licensed by the Seller to sell on the Seller's Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Buyer shall not hold himself out as such) and bailee for the Seller whether the Buyer sells on his own account or not and that the entire proceeds of sale therefore are held in trust for the Seller and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Seller's monies.

7.7 If the Buyer has not received the proceeds of any such sale he shall if called upon to do so by the Seller within 7 days thereof assign to the Seller all rights against the person to whom he has supplied any of the Seller's Goods.

 

8 NOTICE OF NON-DELIVERY, SHORTAGE OR DAMAGED GOODS

8.1 The Seller must be notified of any shortage of or damage to Goods within 7 days of delivery or collection and such notification shall be confirmed in writing within 8 days of delivery or collection. No responsibility whatsoever for such shortages or damage will be accepted by the Seller in the event of failure by the Buyer to notify the Seller of the same within the said period and if no such notifications are given the Buyer shall be deemed to have accepted the Goods. Goods damaged in transit should not be accepted from the carrier and no credit will be given for or replacements made of Goods accepted from the carrier in a damaged condition. If Goods are rejected the Seller shall be entitled to inspect and/or test the same where the Goods then are or at such other place as the Seller shall require. The risk in the Goods so rejected shall remain with the Buyer until the Seller takes possession thereof.

 

9 LIMITATION OF LIABILITY

9.1 Except where there is an absolute prohibition against exclusion or restriction of liability the Seller shall not be under any liability whatsoever or howsoever arising in respect of or in connection with:

9.1.1 any defect in the Goods which should reasonably have been discovered upon examining or testing prior to acceptance;

9.1.2 any claim under this Contract to the extent that it relates to loss or damage which is not directly and immediately consequent upon the matters complained of;

9.1.3 any such claim whatsoever to the extent that the total amount thereof exceeds more than one and a half times the total price of the Goods complained of;

9.1.4 any claim made that the Goods do not comply with any Regulations Act of Parliament or other similar legislation and it shall be the Buyer's responsibility to ensure that the Goods comply with any regulations required for the purpose for which the Buyer intends to use them.

 

10 VARIATION

10.1 No variation in the contract shall take place unless notified to a Director of the Seller in writing and accepted by the Director of the Seller in writing. No person (whether an employee, agent or representative of the Seller or otherwise) has any authority on the Seller's behalf to make orally any addition to or qualification or variation of the Contract or of these conditions.

10.2 Where a delivery schedule has been agreed the schedule shall be deemed to be firm for a maximum period of 180 days and is not under any circumstances to be subject to variation by the Buyer in less than that period. Any other variation of the delivery schedule must be agreed in accordance with this condition and unless so agreed shall be of no effect.

 

11 SUPPLY OF GOODS CANCELLATION OF ORDERS AND RETURNS

11.1 Orders may be cancelled or Goods returned only with the prior written consent of the Seller and subject to any terms set down by the Seller (including a 25% charge for cancellation of orders).

11.2 Certain items may be repaired, replaced or credited in full at the discretion of the Seller. All returns must be sent at the Buyer's expense to the Seller at Crystalhenge.com, in a sealed carton accompanied by an accurate returns note. The return note must specify the fault and the invoice number and the price paid and the date.

11.3 In respect of any Goods supplied by the Seller but manufactured by third parties, the benefit of any warranties or guarantees given to the Seller by such manufacturers or suppliers will wherever practicable be passed to the Buyer subject to the conditions upon which they were given.

 

12 GENERAL

12.1 The Seller does not warrant that the Goods conform with any Regulations in the United Kingdom or elsewhere, and the Buyer shall be responsible for ensuring the suitability of the Goods for the purpose or purposes for which he/she intends to use them. The Buyer shall not directly sell or send Goods to the United States of America without the express consent in writing of the Company.

12.2 Dimensions and other physical characteristics are subject to normal commercial tolerances, and the Buyer shall be responsible for ensuring the fitness of the Goods for the Buyer's application.

12.3 The Seller reserves the right to discontinue or alter the Goods without prior notice to the Buyer, and all orders are accepted subject to availability.

12.4 In the event that the Buyer intends to supply the goods to any person the Buyer shall ensure that all warnings, labels, instructions, manuals and any other information in respect of the Goods which are supplied with the Goods are not lost or damaged whilst the Goods are in the Buyer's possession or under the Buyer's control and that they are supplied with the Goods when they are released from the Buyer's possession or control.

12.5 The goods are subject to any patent, trade mark, registered design, copyright, or other right of any person.

12.6 Unless otherwise confirmed, nothing in this catalogue is to be taken as a representation of the source of original, manufacture or production of the Goods or any part thereof.

 

13 WAIVER

Any waiver by the Seller of any breach of these conditions shall not be construed as a waiver of any other existing or future breach.

 

14 ARBITRATION

If at any time any question, dispute or difference whatsoever shall arise between the Seller and the Buyer, upon, in relation to or in connection with the Contract, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to arbitration in England by a person to be mutually agreed upon, or failing agreement by some person appointed by the President for the time being of the Law Society. The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Acts 1950 and 1979 or any statutory modification or re-enactment thereof.

 

15 NOTICES

Any notice required to be given hereunder shall be in writing and sent by pre-paid recovered delivery or by facsimile transmission (fax) and shall be deemed effective if sent by post at the expiration of 72 hours after the same was posted whether or not received or if sent by fax, 24 hours after despatch.

 

16 LEGAL CONSTRUCTION

The Contract shall in all respects to be construed and operate as a contract governed by English law and unless otherwise agreed in writing is subject to jurisdiction of the English Courts.

 

17 Data protection Act 1998

The seller will make a search with a credit reference agency for the purpose of all account applications and will keep a record of that search on your customer file. This information will be shared with other business for the purpose of credit references. We may also make enquiries about the principal directors with a credit reference agency. We will monitor and record information relating to your credit performance and such records will be made available to other organisations to assess applications for credit.

 

Returns

Returns Policy All customers have a 7 day cooling off period (from the date of purchase) during which goods may be returned for any reason. You will be refunded immediately on receipt of the returned goods in their original condition. Any item returned to us that is not in its original condition and/or is damaged cannot be refunded, credited or exchanged. 

 

 

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