Neill’s Materials Limited Terms and Conditions of Trading
i) “Business Customer” means a customer who is not a Consumer.
ii) “Consumer” means an individual who is not acting for the purposes of his or her business or profession.
iii) “Neill’s Materials Ltd” means Neill’s Materials Limited also referred to as “we” or “us” in these terms and conditions.
iv) “Catalogue” means the catalogue of products and services offered by Neill’s Materials Ltd.
v) “Force Majeure” means any cause affecting the performance by Neill’s Materials Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
vi) “Normal Working Hours” means 9 am to 5 pm on a Working Day.
vii) “Working days” means Monday to Friday, excluding Bank or other Public holidays.
Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 11.
These terms and conditions apply in pertinence to and supersede any terms and conditions referred to, offered or relied on by the Buyer whether in negotiations or at any stage in the dealings between the Seller and the Buyer with reference to the Goods to which the Contract relates. Without prejudice to the generality of the above, the Seller will not be bound by any standard or printed terms supplied by the Buyer in any of its documents, unless the Buyer specifically states in writing separately from such terms to apply and the Seller acknowledges such notification in writing.
The prices of the products and services are as set out in the Neill’s Materials Ltd range that is current at the date of dispatch of the ordered products or the date of provision of the ordered services. Products, which are not stocked by Neill’s Materials Ltd, will be sold at the prices set out in the relevant quotation supplied by Neill’s Materials Ltd. All prices exclude VAT, which Neill’s Materials Ltd will add at the rate applicable at the date of order dispatch. Neill’s Materials Ltd reserves the right to change prices without prior notice at any time.
i) All contracts of sale made by Neill’s Materials Ltd shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Neill’s Materials Ltd is dealing. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
ii) Neill’s Materials Ltd reserves the right to decline to trade with any company or person. In addition, Neill’s Materials Ltd may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, e-mail or facsimile within a reasonable period of receipt by Neill’s Materials Ltd of the order.
iii) Please note, Neill’s Materials Ltd may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
You undertake that:
• All details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
• The credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
5. Delivery, title and risk
i) Neill’s Materials Ltd shall use reasonable endeavors to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
ii) In the case of a Business Customer, if Neill’s Materials Ltd is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Neill’s Materials Ltd in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Neill’s Materials Ltd after the above date but before delivery of the goods or notification from Neill’s Materials Ltd that the goods are ready for delivery. This Clause does not apply to Consumers.
iii) In the case of Business Customers, Neill’s Materials Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies Neill’s Materials Ltd of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
iv) Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
v) Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
vi) Title in the goods does not pass to the Customer until payment is received in full by Neill’s Materials Ltd.
vii) If the Customer cannot accept delivery, Neill’s Materials Ltd may at its option: (a) store and insure the goods at the Customer’s expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that Neill’s Materials Ltd may charge the Customer for the additional delivery costs incurred.
viii) The Customer may request a Proof of Delivery, provided that this request is made in writing within 28 days of the date of delivery and Neill’s Materials Ltd shall use reasonable endeavors to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
ix) Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Neill’s Materials Ltd shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
i) Payment is due on shipment unless a Customer has been approved for credit. Neill’s Materials Ltd standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.
ii) If payment is not made on the due date, Neill’s Materials Ltd will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Barclays Bank PLC base lending rate from time to time and in any event an administration fee in the sum of £50 shall be applied to each overdue invoice.
7. Product specifications
i) Neill’s Materials Ltd makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
ii) The Buyer shall inspect the Goods immediately upon delivery and shall within seven days of delivery notify the Seller in writing of any defect, damage, shortage, or other particulars by reason of which the Buyer alleges that the Goods do not conform with the Order, if no such notice is given, the Goods shall be deemed to have been supplied in accordance with the Order and to have been accepted by the Buyer. Goods may be returned which do not conform to the Order only with the consent of the Seller in writing. The Seller reserves the right to impose a handling charge of 20% of the net invoice value for these Goods. The Company reserves the right to refuse to accept any Goods returned, for whatever reason, if after inspection such Goods or their packaging prove unsatisfactory in any way.
iii) The Company warrants that the Goods delivered to the Buyer shall be of merchantable quality and shall comply with the description referred to in the Contract but the Company’s liability hereunder is limited to the Price of the Goods proved to be defective and for this purpose the Price shall be deemed to be the invoice Price of the Goods. The Company shall be entitled in its absolute discretion to replace such Goods upon the terms hereof in settlement of its liability in lieu of making a cash settlement.
8. Warranties and returns
Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 11.
i) Neill’s Materials Ltd is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
ii) If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
iii) Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 11), Neill’s Materials Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and Neill’s Materials Ltd can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.
iv) In the event that Neill’s Materials Ltd, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 11), agrees to accept the return for credit of unwanted products, the goods must be returned with Neill’s Materials Ltd prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 11) will be subject to a handling fee of 20% of Neill’s Materials Ltd sale price for the goods, or £20, whichever is the greater.
v) Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
vi) All returned goods (except those returned under Clause 11) must be accompanied by Neill’s Materials Ltd Authorized Returned number (‘AR Number’) which can be obtained by contacting Neill’s Materials Ltd on 01209 216226. Returned goods will not be accepted without an AR Number. Do not write directly on the manufacturer’s packaging. Please write the AR number on an address label and attach it to the returned package. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Neil’s Materials Ltd sole discretion.
vii) Neill’s Materials Ltd cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to pack the product adequately to prevent damage.
viii) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
ix) On receipt of the returned product, we will inspect it to identify the fault you have notified to us.
x) If following the inspection process, the product is found to be in good order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. This Clause does not apply to Consumers returning goods pursuant to Clause 11.
9. Neill’s Materials Ltd liability
i) In its dealings with Business Customers, Neill’s Materials Ltd shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Neill’s Materials Ltd liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
ii) Nothing in this agreement shall limit Neill’s Materials Ltd liability for death or personal injury caused by its negligence.
10. Force majeure
If the commencement, continuation or complete performance by the Company of its obligations under this Contract is prevented, hindered, delayed or rendered uneconomic by reasons of Force Majeure then the Company shall not be responsible to the Buyer for any loss or damage incurred or sustained by the Buyer as a result. For the purposes of this condition the term Force Majeure shall include any factor affecting the performance of this Contract attributable to the acts, events, non-happenings, omissions or incidents beyond the reasonable control of the Company and in particular (without limiting the generality of the above) the following: strikes, lock-outs, riots, civil revolution, war, state of national emergency, trade dispute or labor disturbance, accident, breakdown of plant or machinery, difficulty or increased expense in obtaining workmen, materials or transport, fire, explosion, storm, flood, earthquake or other natural physical disaster or circumstances affecting the supply of Goods (or raw materials) by the Company’s normal source of supply or the delivery of the Goods by the Company’s normal route or means of delivery.
11. The Consumer Protection (Distance Selling) Regulations 2000
i) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Neill’s Materials Ltd website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’).
ii) If the Regulations apply, Customers may cancel goods purchased from Neill’s Materials Ltd by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Unit 3, Penrose House, Treleigh Industrial Estate, Redruth, Cornwall, TR16 4DE.
iii) The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
iv) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Neill’s Materials Ltd, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
v) The Customer is under a duty to retain possession of the goods whilst awaiting return to Neill’s Materials Ltd and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
12. Errors and omissions
i) Neill’s Materials Ltd makes every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of a manifest error or omission, Neill’s Materials Ltd will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Neill’s Materials Ltd liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Neill’s Materials Ltd after the manifest error has been discovered.
ii) A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Neill’s Materials Ltd which is more than 10% less than the price that would have been quoted had the mistake not been made.
i) Nothing in these terms and conditions affects your statutory rights as a Consumer.
ii) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
iii) Any waiver of a breach of this Agreement must be in writing.
iv) Any variation of this Agreement must be in writing and signed by a duly authorized Neill’s Materials Ltd official.
v) The headings are for convenience only and shall not affect the interpretation of this Agreement.
vi) Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by e-mail to the last notified e-mail address of the party.
vii) These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
viii) Neill’s Materials Ltd may at its discretion record telephone transactions for staff training and quality control purposes.