Terms and Conditions
Terms and Conditions
These Terms and Conditions will apply to the purchase of goods detailed in our quotation (goods) by the buyer (you) from Letts Melt of 17 Merrylees, Beccles, Suffolk. NR34 9JB.
These terms and conditions will be deemed to have been accepted by you when you accepted them or the quotation or from the date of any delivery of the goods (whichever happens earlier) and will constitute the entire agreement between us and you.
These Terms and Conditions and the quotation (together, the contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to incorporate , or which are implied by trade, custom, practice or course of dealing.
A “business day” means any day other than Sunday or bank holiday in England and Wales.
The headings in these Terms and Conditions are for the convenience only and will not affect their interpretation.
Words imparting the singular number including the plural and visa-versa.
The description of the Goods is set out in our documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon and statement, promise or other representation about the Goods by us. Descriptions of Goods set out sales documentation are intended as a guide only.
We can make changes to the specification of the good which are required to confirm to any application safety or other statutory or regulation requirements
The price of the goods is set out in our currant at the date of your order or such other prices as we may agree in writing.
If the cost of the goods to us increase due to any factors beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or change to delivery rates, we can increase the price prior to delivery,
Any increase in the price under the clause above will only take place after we have told you about it.
You may be entitled to discount. Any and all discounts will be at our discretion.
The price is exclusive of fees for packing and transportation / delivery.
The price is inclusive of any applicable VAT and other taxes or levies which are imposed or changed by any competent authority.
Cancellations and alteration
Details of the goods as described in the clause above (goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the goods which is capable of acceptance.
The quotation (including any non-standard price negotiated in accordance with the clause on price (above) is valid for a period of 7 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
You must pay in full for your order before we ship it. We do not offer credit, invoices or buy now pay later. This does not affect your rights.
You must make payments even if delivery has not taken place and / or that the title in the goods has not passed to you.
If you do not make the full payment this will result in your order being cancelled and any monies will be returned to the customer or the customer will only receive part of your order.
All payments must be made in British Pounds unless otherwise agreed writing between us.
Time for payments must will be of the essence of the contract between us and you,
Both parties must pay all amounts due under these terms and conditions if full without any deductions or withholding except as required by law and neither party is entitled to assert and credit, set off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
We will arrange delivery of the goods to the address specified in the order or to another location we agree in writing
If you do not specify a delivery address or if we both agree, you must collect the goods from our premises.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am to 5pm
If you do not take delivery of the goods we may, at our discretion and without prejudice to any other rights:
Store or arrange for the storage of the goods and will charge you for all associated costs and expenses including, but not limited to transport, storage and insurance; and/or
Make arrangements for the redelivery of the goods, and will charge you for the costs of such redelivery: and/or
After 10 business days, resell or otherwise dispose of part or all for the goods and charge you for any shortfall below the price of the goods.
If redelivery is not possible as set out above, you must collect the goods from our premises and will be notified of this. We can charge you for all associated costs including costs including but not limited to storage and insurance.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
Inspection and acceptance of goods
You must inspect the goods on delivery or collection
If you identify any damage or storages, you inform us n writing within 5 working days of delivery, providing details.
Other than by agreement, we will only accept returned goods if we are satisfied that those goods are defective and if required, have carried out and inspection
Subject to your compliance, with this clause and/or our agreement, you may rturn the goods and we will, as appropriate, repair, or replace, or refund the goods or parts of them, minus the P&P
We will under no liability or further obligation in relation to the goods if:
If you fail to provide notice asset above; and/or
You make any further use of such goods after giving notice under the clause above relating to damages and shortages; and/or
The defect arises from because you did not follow our oral or written instructions about storage, commissioning, installations, use and maintain of the goods; and/or
The defect arises from normal wear and tear of the goods; and/or
The defect arises from misuse or alterations of the goods, negligence, wilful damage or any other act by you, your employee or agents or any third parties
You bear the risk and cost of returning the goods
Acceptance of the goods will be deemed to be upon inspection of them by you and in any event within 5 days after delivery.
Risk and title
The risk in the goods will pass to you on completion of delivery
Title to the goods will not pass to you until we have received payments in full (in cash or cleared funds) for: (a) the goods and/or (b) any other goods or service that we have supplied to you in respect of which payment has become due
Until title to the goods has passed to you, you must (a) hold the goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the goods; and/or (c) keep the goods in satisfactory condition and keep them insured against all risk for their full price from the date of delivery
As long as the goods have not been resold, or irreversibly incorporated into another produce, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the goods and, if you fail to do so promptly, enter any of your premises or of any third party where the goods are stored in order to recover them
We can terminate the sale of goods under the contract where
You commit a material breach of your obligations under these terms and conditions;
You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other stator provision for the relief of insolvent debtors;
You enter into a voluntary arrangement under part 1 of the insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
You convince any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filled with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para, 14 of schedule B1 of the insolvency Act 1986), a resolution is passed or petition present to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commanded and completed
Limitation of liability
Our liability under contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause
Subject to the clauses above on inspection and acceptance and risk and title, all warranties, conditions or other terms implied by stature or common law (save for those implied by section 12 of the sales of goods act 1979) are excluded to the fullest extent permitted by law
If we do not deliver the goods, our liability is limited, subject to the clause below, to the cost and expenses incurred by you in ordering replacement goods of similar description and quality in the cheapest market available, less the price of the goods.
Our total liability will not, in any circumstances, exceed the total amount of the price payable by you.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the goods, for;
An indirect, special or consequential loss, damage, costs or expenses and/or
Any loss of profits; loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruptions, or, other third party claims: and/or
Any failure to perform any of our obligations if such delay or failure Is due to cause beyond our reasonable control: and/or
Any losses caused directly or indirectly by any failure or breech by you in relation to your obligation: and/or
Any loss relating to the choice of the goods and how they will meet your purpose or the use by you of the goods supplied.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence: or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
All notices under these Terms and Conditions must be in writing and signed by, or behalf of, the party giving notice (or a duty authorised officer of that party)
Notices will be deemed to have been duly given:
When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated
On the fifth business day following mailing, if mailed by national mail; or
On the tenth business day following mailing; if mailed by airmail
All notices under these terms and conditions must be addressed to the most recent address, email address or fax number notified to the other party.
When providing the goods to the buyer, the seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the buyer
The parties agree that where such processing of personal data takes place, the buyer shall be ‘data controller’ and the seller be the ‘data processor’ as defined in the general data protection regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt ‘personal data’ , ‘processing’ , ‘data controller’ , ‘data processor ‘ and ‘data subject’ shall have the same meaning as in the GDPR
The seller shall only process personal data to the extent reasonably required to enable it to provide the goods as mentioned in these terms and conditions or as requested by and agreed with the buyer, shall not retain any personal data longer than necessary for the processing and refrain from processing any personal data for its own or for any third parties purposes
The seller shall not disclose personal data to any third parties other than employees, agents, subcontractors or advisors on a strict “need to know “basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by application legislations and/or regulations
The seller shall implement and maintain technical and organisational security measures as are required to protect personal data processed by the seller on behalf of the buyer. Further information about the sellers approach to data protection is specified in its policy. You can contact Letts Melt on the following email address: firstname.lastname@example.org
Circumstances beyond the control of either party
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay result from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to; failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, act of terrorism, acts of war, government action or any other event that is beyond the control of the party in question.
No waiver by us of any breach of these terms and conditions by you shall be considered as waiver of any subsequent breach of the same or any other provision.