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yaoh.co.uk - Terms and Conditions - 2004
1 Pricing
1.1 The price quoted includes UK VAT.
2 Delivery
2.1 The goods are at your risk from the time of delivery.
2.2 Goods may be collected from our premises but only by prior arrangement.
2.3 You must inspect the goods on delivery. If the goods are damaged (or not
delivered), or there is a short delivery, you must inform us within three days
of delivery (or the expected delivery time). You must give us (and any carrier)
a fair chance to inspect the goods. If you do not inform us within the three
days then you will be deemed to have accepted the goods.
2.4 We attempt to deliver order received within 14 days. However we do not guarantee
this. All delivery times quoted are estimates only and we shall not be liable
for any damages arising from any delay in delivery.
2.5 If we fail to deliver within a reasonable time, you may (by informing us
in writing) cancel the contract.
2.5.1 you may not cancel if we receive your notice after the goods have been
dispatched; and
2.5.2 if you cancel the contract, you can have no further claim against us under
that contract.
2.6 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).
2.7 We may deliver the goods in instalments. Each instalment is treated as a
separate contract.
3 Delivery and safety
3.1 We may decline to deliver if:
3.1.1 we believe that it would be unsafe, unlawful or unreasonably difficult
to do so; or
3.1.2 the premises (or the access to them) are unsuitable for our vehicle.
3.1.3 our carrier refuses to deliver for reasons that accord to their terms
and conditions in our contract with them.
4. Payment terms
4.1 You are to pay us in cleared funds (such as payment by credit card) before
delivery.
5 Warranties
5 .1 We warrant that the goods:
5 .1.1 comply with their description on our acknowledgement of order form; and
5 .1.2 are free from material defect at the time of delivery (as long as you have complied with 5.3)
5.2 Your statutory rights are unaffected by these terms.
5 .3 If you believe that we have delivered goods which although undamaged are
defective in material 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).
5 .4 If the goods are found to be defective in material or workmanship (following
our investigations), we will (at our option) replace the goods or refund the price.
5 .6 We are not liable for 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.
5 .7 In any event our total liability to you (even if arising from two or more
claims) is limited in damages to the price of the goods.
5.8 Nothing in these terms restricts or limits our liability for death or personal
injury resulting from negligence.
6 Specification
6 .1 Suppose we are to prepare the goods in accordance with your specifications
or instructions. You must then ensure that the specifications or instructions
are accurate. You must ensure that goods prepared in accordance with those specifications
or instructions will be fit for the purpose for which you intend to use them.
7 Return of goods
7.1 We will accept the return of goods from you only:
7 .1.1 by prior arrangement (confirmed in writing);
7 .1.2 on payment of a handling charge of 25% of the cost of the goods (unless
the goods were defective when delivered or they were wrongfully delivered);
and
8 Cancellation
8 .1 Suppose the order is cancelled (for any reason). You are then to pay us
for all stock (finished or unfinished) we may then hold (or to which we are
committed) for the order.
8.2 We may suspend or cancel the order, by written notice if:
8 .2.1 you fail to pay us any money when due (under the order or otherwise);
8 .2.2 you become insolvent; or
8 .2.3 you fail to honour your obligations under these terms.
9 Waiver and variations
9.1 Any waiver or variation of these terms is binding in honour only unless:
9 .1.1 made (or recorded) in writing;
9 .1.2 signed on behalf of each party; and
9 .1.3 expressly stating an intention to vary these terms.
10 General
10.1 English law is applicable to any contract made under these terms. The English
courts have non-exclusive jurisdiction.
10.2 If you are more than one person, each of you has joint and several obligations
under these terms
10.3 If any of these terms are unenforceable as drafted:
10.3.1 it will not affect the enforceability of any other of these terms;
and
10.3.2 if it would be enforceable if amended, it will be treated as so amended.
10.4 We may treat you as insolvent if:
10.4.1 you are unable to pay your debts as they fall due; or
10.4.2 you (or any item of your property) becomes the subject of:
a. any formal insolvency procedure (examples of which include receivership,
liquidation, administration, voluntary arrangements or bankruptcy);
b. any application or proposal for any formal insolvency procedure; or
c. any application, procedure or proposal overseas with similar effect or purpose.
10.5 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.
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