CONDITIONS OF SALE
1. These conditions shall form part of all contracts for the supply of goods (hereinafter called "the Goods" by Progressive Products Ltd T/A Seconds and Co (hereinafter called the company) to any other person (hereinafter called "the customer") and shall prevail over any inconsistent terms or conditions contained in or referred to in the Customers Order or in correspondence or elsewhere and all or any conditions or stipulations contrary to these are hereby excluded and extinguished. No Employee has authority to vary or add to or depart from these terms or make any representation about the goods or the contract made herein.
2. Quotations by the company shall not constitute offers by the company to supply the goods or carry out the work referred to herein, and no order placed in response to a quotation will be binding unless accepted by the company in writing. All such acceptances by the company are subject to availability of the necessary materials.
3. The prices of the goods shall be those ruling at the date of delivery. Any Value Added Tax payable in respect of the goods supplied under these conditions will be borne by the customers.
4. If the company suffers any increased costs by virtue of a variation in a rate or rates of exchange the contract price of the undelivered goods herein shall be re-negotiated by the company and the Customer.
5. The time, If any, Specified for the commencement and completion of the supply and delivery of the goods shall be deemed to be variable if delays are occasioned by force majeure, Strike, Lockouts, accidents or any reason whatsoever, and such times, if specified, are approximate only and not of contractual effect. Time of delivery is not of the essence of the contract nor shall the company be under any liability in respect of any delay in delivery.
6. Payment of sum due to the company shall be made prior to delivery .No order is accepted as placed until full payment is made and stock will not be allocated to an order until full payment is made.
7. The Ownership of goods supplied under each contract between the company and the customer shall remain in the company until such goods have been paid for in full. The risk in the goods shall pass from Seconds and Co. to the customer on delivery .
8. Notwithstanding that the title in the goods shall not pass to the Customer, except as is provided in Clause 7, The goods shall be at the risk of the customer from collection by the customer or delivery to the customer of such goods.
9. The company shall be entitled to repossess any goods supplied to the customer in respect of which payment is overdue and thereafter to re-sell the same, For this purpose, The Customer HEREBY GRANTS an irrevocable rights and license to the company through its servants and agents to enter with or without vehicles on all or any premises of the customer on which such goods may be situated.
10. Goods invoiced or supplied are not tested or sold as fit for any particular purposes and any term, warranty or condition express implied or statutory to the contrary is excluded, in no circumstances under, out of or in connection with this contract or the goods supplied hereunder exceed the invoice price of the particular goods or section of goods concerned, All terms (express or implied) relating to the quality of goods are warranties only the breach of which gives no right to reject the goods or repudiate the contract in any circumstances whatsoever, Notice of any claim arising out of or in connection with this connection with this contract must be given in writing to the company within seven days from the date when the goods are collected or delivered falling which all claims shall be deemed to be waved and absolutely barred. In any event, The Company Shall be under no liability for shortage or damage unless within three days of delivery the Customer gives written notice of claim to the Company and to the carrier (otherwise than upon consignment note or delivery document) and the company shall be under no liability whatsoever unless the customer can prove to the company's satisfaction the identity of the goods complained of. Where the customer is dealing as a consumer within the meaning of the sale of goods and supply of services Act, 1980, nothing in these conditions shall affect the rights granted to such a customer under the Act.
11. Should the company be delayed in or prevented from carrying out its obligations under the contract by Act of God or riot, strike, lock-outs, trade disputed or any other labour disturbances, Fire, Flood Difficulty in obtaining workmen, materials or transport or the consequences of hostilities or any Government interference or other circumstances whatsoever outside of the company's control, The company shall not liable to the customer for any loss or damage whether direct in indirect which may thereby be suffered by the customer and furthermore the company shall be at liberty to determine or suspend the contrast without incurring liability for any loss damage resulting to the customer.
12. The Company shall be entitled to withhold delivery of goods or any part thereof until all monies due by the customer and to the company on whatever accounts are paid, If in the opinion of the Company, The customer does or suffers to be done anything which might prejudice its liability to pay the full price it shall be deemed to have repudiated this contract and the company may without prejudice to its other rights under this Contract accept such repudiation without notice as cancellation of the contract.
13. The Contract between the company and the customer shall be governed by and interpreted in accordance with the laws of Great Britain.
14. The company will not be liable for the loss or damage to goods or materials in transit .
15. Goods shall not be returned after delivery without the company's prior agreement which at all times require proof of purchase. Returns must be made within 14 days from date of delivery. When the company so agrees, the customer shall pay a restocking charge of 25% of the price of the goods. Goods must be delivered by the buyer to Seconds & Co yard in Presteigne. This does not affect your statutory rights.
In the event of shortage of materials or component parts specified in the contract, the Company shall be entitled to substitute each other materials as it shall consider reasonably fit for such purpose
17. Delivery Dates
Delivery dates are estimated only and not guaranteed. The Company will endeavor to meet the customer's delivery requirements but shall not be liable for any loss or damage whether direct, consequential or otherwise caused by delay in delivery.
a. Upon the Company notifying the customer that the goods are ready for delivery or tendering delivery of the goods, the customer shall agree to accept delivery of the goods forthwith. If the customer shall fail to give proper delivery instructions, or to accept delivery as aforesaid he shall be liable for all costs incurred by the Company as a result of such failure which shall become immediately due and payable on demand but such liability shall not affect his obligation to purchase the goods or the right of the Company to damages for breach of such obligation.
b. The customer shall provide clear and reasonable access to the delivery point and shall promptly unload the goods when tendered at the delivery point The Company shall not be liable in the event of goods being damaged during the course of unloading whether undertaken by the customer or not
c. In the event that goods are delivered at a time and place agreed with the customer, but no representative of the customer is present when the goods are delivered, the Company reserves the right to deposit the goods at the specified place and the Company shall have no liability in respect of loss or damage resulting therefrom
d. Where site access is restricted the company will deliver to the nearest safe access point. Any damage caused by or to delivery vehicles on restricted access sites will be the customers or their representative’s sole responsibility.
e. Where goods cannot be delivered after a customer has agreed delivery due to the customer or his representative not been available and a redelivery is need the customer agrees to pay a redelivery charge.
f. Where a customer refuses delivery on a given day the delivery period will automatically be put back to 10/15 working days. If a customer refuses a delivery on 2 occasions the company reserves the right to cancel the order and refund the customer.
a. All goods are sold us seconds, no guarantees expressed or implied, the Company will repair or replace any of the goods or parts thereof in respect of which defects arise solely from faulty materials or (subject to Clause 4 above) from the Company's failure to supply goods of the quality or specification ordered and are notified to the Company in writing within seven days of the date of delivery provided as follows:
i. That in the case of defects which would have been apparent to the customer on reasonable examination of the goods on delivery the customer shall notify the Company of the defects in writing within seven days of the date of delivery.
ii. That the defective goods are promptly retuned by arrangement carriage paid.
15. Any typographical, clerical or other error or omission in any sale literature, quotation, price list, web site acceptance of offer, invoice or other document or information issued by The Company shall be subject to correction without any liability on the part of the Company. Any mistake on company websites regarding pricing or description may be rectified by the company at any stage prior to delivery and if the customer is not satisfied they will be entitled to a full refund. The Company can cancel orders and refund customers' money because of pricing errors (or for any reason).
20. Health & Safety
It is the customers or their representatives sole responsibility to ensure that all health & safety legislation is followed on their site.
Seconds and Co created this privacy statement in order to demonstrate our firm commitment to your privacy. We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. By visiting www.secondsandco.co.uk and its associated web sites (listed below) you are accepting the practices described in this Privacy Notice.
Your Information is Private
Customers and subscribers are requested to enter limited personal information during purchasing and registration. We will not under any circumstance sell, transfer or disseminate this personal information gathered on any of our web sites to any other entity.
Your Information is Secure
We employ the use of the following measures to ensure your data is secure:
All accounts require an account id and password to view data. Secure logins are supported (through SSL 128-bit encryption) for users concerned about their account identity and/or password being viewed in transmission. This login can only be accessed by entering our sites using the https: protocol instead of the standard http: protocol. Our data centers use firewalls and other security measures to prevent unauthorized access to our internal networks.
Every new subscriber has the option of not receiving our newsletter and special promotional offers by unchecking the opt-in check-box on the main registration form, or opting out of future mailings by clicking on the 'Opt-Out' link on any e-mail correspondence sent. Once a user opts-out no further e-mails will be sent except important administrative notices.
This web site ...
1.Does not collect online contact information without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, online information will only be used to respond directly to the child's request and will not be used for other purposes without prior parental consent
2.Does not collect personally identifiable offline contact information without prior parental consent
3.Does not distribute to third parties any personally identifiable information without prior parental consent
4.Does not give the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent
5.Does not entice by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity.