KWIK CHIP TERMS AND CONDITIONS OF TRADE
These Terms and Conditions of sale apply to all on-line transactions with KWIK CHIP, save where different clauses are expressly mentioned within the store.
1. SELLER'S CONDITIONS OF SALE APPLY.
These Terms and Conditions of sale apply to and govern all Contracts between us as the Seller ("The Seller") and you as the Buyer ("The Buyer"). On placing an order you accept and agree to be bound by these Terms and Conditions. All prices shown on www.ascdirect.co.uk and sub-pages ("The Website") are considered as an offer by the Seller and the Seller shall not be bound to sell until it has communicated acceptance to the Buyer of the Buyer's order. An order once accepted by the Seller is a Contract ("The Contract") to supply the goods and/or services on the order. These Terms and Conditions shall apply as the complete and exclusive terms of each contract, and no variation from the Buyer contained in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly accepted by the Seller in writing.
All prices shown on the website are exclusive of VAT and delivery. The Seller reserves the right to increase the quoted price, if there is an increase in such costs to the Seller between the date of order and dispatch.
3.1 Unless otherwise and previously agreed in writing (on each occasion) between the Seller and Buyer, acceptance by the Buyer of goods which have been ordered shall occur upon delivery, or attempted delivery, to the Buyer.3.2 If the Buyer fails to take delivery during the specified time, the Seller is entitled to consider the order cancelled and charge a re-stock fee, or if agreed in writing the Seller may redeliver, but is entitled to charge a re-delivery fee.3.3.1 Any date of delivery given by the Seller to the Buyer shall be an estimate date only and while the Seller will endeavour to comply with such date the Seller shall not be responsible for late delivery.3.3.2 Without prejudice to the generality of the foregoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller.3.3 Where the Seller offers goods for next day delivery this is on the assumption that the goods are normally held in stock. If at any time a next day delivery order is placed by the Buyer, but the goods are not available for whatever reason, the Seller shall notify the Buyer, and rearrange delivery and offer to dispatch on a next day basis at the next available opportunity.
All goods are at Buyer's risk from the time when delivery, or attempted delivery, takes place at the location stipulated in the Contract.
5. LIMITATION OF SELLER'S LIABILITY
5.1 In any case where it is established to the satisfaction of the Seller that there has been a short delivery or a failure to deliver the goods to their destination or that the goods have been damaged (whether wholly or in part) prior to delivery the Seller will replace them or where the goods have been damaged accept their return and credit the Buyer with the price thereof provided that:-5.1.1 Any complaint by the Buyer of short delivery of or damage to the goods shall have been notified in writing to the Seller immediately (within three days) upon receipt of the goods.5.1.2 Any complaint by the Buyer of failure to deliver shall have been notified within 10 days of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier.5.2 In any case where it is established to the satisfaction of the Seller that when delivered goods contained some defect in quality or did not correspond with sample or description the Seller may (entirely at the Seller's discretion) assign to the Buyer the benefit of any express guarantee or warranty received by the Seller from the manufacturer or supplier of the goods, failing which, provided that any complaint by the Buyer shall have been notified in writing to the Seller immediately upon delivery, the Seller will:-5.2.1 Replace the goods without further charge, or5.2.2 Accept the return of the goods and credit the Buyer with the price thereof, or5.2.3 Make the Buyer an allowance being the difference between the value of the goods at the time of the complaint by the Buyer and the invoice price.5.3 Save as aforesaid the Seller will not be liable to the Buyer for any loss or damage suffered as a result of the events or for any of the reasons referred to in paragraphs (5.1) and (5.2) of this Condition and without prejudice to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded to the fullest extent permitted by the law governing this Agreement.5.4 The Seller shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in these Terms and Conditions.5.5 The Seller's entire liability, under any circumstances, shall be limited to the value of the goods.
6. CONSEQUENTIAL LOSS
Without prejudice to the generality of the foregoing provisions the Seller shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.
7. TIME OF PAYMENT
All sums due to the Seller shall be paid, by the Buyer in full prior to dispatch.
8. SELLER'S RIGHT OF RECISSION
The Seller shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any Contract between the Seller and the Buyer or to suspend delivery in the following events: -8.1 If the Buyer is in breach of any term of the Contract or any other Contract with the Seller and/or8.2 If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or has a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsorily or under supervision, or has a receiver appointed over all or any of its assets.
9. BUYER'S RIGHT OF RECISSION
If the Buyer needs to terminate the Contract they must inform the Seller immediately.9.1 If the Seller has dispatched goods before the Buyer contacts to inform of their need to terminate the Contract, then any delivery fees incurred by the Seller together with a re-stocking fee may be applied.9.2 If the Seller has not dispatched goods by the time the Buyer contacts to inform of their need to terminate the Contract, then an administration fee to cover processing costs may be applied by the Seller.9.3 If subsequent to receiving goods the Buyer decides that these are not required, the Seller must be informed immediately, and the Seller will provide a returns reference after which goods may be returned to the Seller at the Buyers cost and a re-stock fee applied which will be deduced from the amount which the Seller will refund the Buyer.
10. FORBEARANCE BY SELLER
No forbearance or indulgence by the Seller shown or granted to a Buyer whether in respect of these Terms and Conditions or otherwise, shall in any way affect or prejudice the rights of the Seller against the Buyer or be treated as a waiver of any of these Terms and Conditions.
11. FORCE MAJEURE
The Seller shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any material circumstance or circumstances outside the control of the Seller.
12. CONTACT WITH DELICATE SUBSTANCESS
Where the goods supplied consist of containers, wrappers or other articles intended for use in connection with any food, drug or substance of a volatile, delicate or fragile nature, the Buyer shall satisfy himself that such food, drug or other substance is not or is not likely to be affected by any material used in the printing of or manufacturing of such wrappers, containers or other articles. The Seller shall not be liable to the Buyer in respect of any claim alleging that such food, drug or other substance has been adversely affected and the Buyer shall indemnify and keep indemnified the Seller from and against all liability to third parties in respect of any claim that any such food, drug or other substance has been adversely affected and caused the third party loss damage or expense.
13. ANTI-STATIC MATERIALS
Different levels of electrostatic discharge protection are required for different electronic devices. It is the responsibility of the Buyer to determine the suitability of anti-static materials for the intended application and the Buyer shall assume all risk and liability, direct or consequential, arising out of the use of such products.
14. SIZE AND GAUGE OF MATERIALS
Unless specific warranties in writing are provided for accurate sizes, all sizes referred to on the website are approximate only. Except where agreed in writing the Seller shall be deemed to have fulfilled its obligations under the contract by supplying goods within the tolerances laid down by the Packaging and Industrial Films Association (P.I.F.A). (In general dimensions will be controlled to within plus or minus 3% and film gauge to within plus or minus 10%).
The Seller cannot guarantee exact quantities in respect of any goods supplied, particularly pack quantities, and shall be deemed to have fulfilled its obligation under the Contract by delivery of a quantity plus or minus ten percent of the quantity specified
Where palletised deliveries are requested or necessary, pallets may be charged extra. Pallets subsequently returned at the Buyer's expense and risk in the same condition as delivered will be credited to the Buyer at the price originally charged.
These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts.
18. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.
19. DATA PROTECTION
We fully comply with the regulations under the Data Protection Act 1998.