StayDry Terms & Conditions
StayDry Rainwear Limited Registered offices
134 Kidderminster Road South
Hagley
Worcestershire
DY9 0JH
Tel: 01562 887808
Fax: 01562 887813
E-mail info@staydry.co.uk This page gives the Terms & Conditions of Use of StayDry's Website. If you have a more general question that is not answered here, please try our FAQs page. If you have a question about payments on the website, please visit our Payment FAQs page. If you require information regarding delivery costs or times, please visit our Delivery Information page.
Correct as of 23/04/2005
1.
Definitions Used Within This Document
1.1. 'Customer' means the account applicant or person who buys or agrees to
buy goods from the Company.
1.2. 'Company' means StayDry Rainwear Limited .
1.3. 'Goods' means any merchandise, products, or replacement products supplied
to the Customer from the Company in accordance with these Terms and Conditions
of Sale. This does not include Samples supplied free-of-charge.
1.4. 'Writing' refers without limitation to facsimile, email, telex, cable,
letters and any other comparable means of communication.
1.5. 'Contract' refers to the acceptance of these Terms and Condition of Sale
as defined within clause 2.2.
1.6. 'Conditions' refer to the Terms and Conditions of Sale as stated within
this document.
2.
Contract
2.1. These Conditions shall apply to every contract entered into
with the Company except as varied by express agreement in writing by a Company
Director or other authorised person on behalf of the Company. Any Conditions
proffered at any time by the Customer and not accepted in writing by the
aforementioned person(s) are hereby excluded. Any typographical or other
error or omission in any sales literature, quotation or price list shall
be subject to correction without liability on the part of the Company.
2.2. The Customer's order to the Company is an offer to enter into a Contract
upon these Conditions. Acceptance occurs and the Contract is formed solely
upon the following Conditions: 2.2.1. The Company despatching the Goods to
the Customer; or
2.2.2. The Customer notifying the Company in writing of its acceptance of a
quotation and the Company subsequently despatching to the Customer its acknowledgement
of the order; or 2.2.3. The Company commencing work upon the order (whichever
shall first occur).
2.3. Contracts apply only to individual orders, unless otherwise stated or
specified in writing and authorised by a Company Director or other authorised
person on behalf of the Company.
2.4. The Customer shall provide to the Company all information necessary to
enable it to perform the Contract (as advised by the Company); if it does not
the Company shall use any additional time required to fulfil the Contract as
it sees necessary.
2.5. The Contract cannot be cancelled by the Customer without the express written
consent by a Company Director or other authorised person working on the behalf
of the Company. If the Company agrees cancellation by the Customer, the Customer
with indemnify the Company in full against all expenses incurred up to the
time of cancellation together with a reasonable amount by way of liquidated
damages for breach of contract as specified by the Company.
2.6. These Conditions are only applicable from the date of publication as given
above. They do not apply to any Contract made between a Customer and the Company
before this date. These Conditions will apply to all contracts made in accordance
with clause 2.2. by a Customer with the Company commencing from this date,
with no exceptions, bar any made in accordance with clause 2.1.
2.7. Nothing in these Conditions will affect the statutory rights of any consumer.
3.
Prices and Quotations
3.1. All quotations remain valid for 30 days only, useless otherwise specified,
and are subject to additional charges mentioned in clauses 3.2. and 3.3.
3.2. Unless otherwise stated all prices are exclusive of VAT and charges for
printing, storage, packing, carriage & freight, handling, and additional labour
charges where deemed appropriate. VAT will be charged at the prevailing rate
at the time of despatch.
3.3. The Company reserves the right to vary the price of Goods without prior
notice to take account of any variation in the cost of materials, exchange
rates, labour, duties and charges and taxes, transport costs, insurance, printing
and related printing costs, or any other related or necessary costs between
the date of the Contract and the date of delivery or completion of payment.
3.4. The Company reserves the right to revise and amend prices at any time
prior to the despatch of Goods to reflect any direct or indirect costs incurred
by the Company in accordance with clauses 3.2. and 3.3. If the price has already
been paid in full prior to despatch no price revision may take place without
the written agreement of the Customer.
4.
Payment
4.1. In the case of consumer sales payment must be made in full before the
despatch of goods will take place.
4.2. In the case of other sales payment is due in accordance with the terms
of credit agreed upon entering the Contract. Subject to satisfactory trade,
banker's and other requisite references, and where no other terms of payment
have been specifically agreed in writing with a Company Director, the Company's
terms are cash payment in full to be made within thirty (30) calendar days
from the date of invoice. No discount or allowance will be made unless specifically
authorised by a Company Director or other authorised person in writing.
4.3. Failure to make the full payment shall entitle the Company at its option
to treat the Contract as repudiated by the buyer or to delay delivery until
paid (in addition to any other remedy). Interest will be charged on all outstanding
invoices by way of damages for breach of contract. This will accrue on a daily
basis at the rate of 2% per month from the date at which payment of the invoice
was due until payment. The Customer will indemnify the Company in respect
of all costs incurred in the collection of overdue amounts.
4.4. Time for making payment shall be the essence of the Contract.
4.5. When a Customer requires logo printing or branding of any products, then
50% of the contract value must be paid including VAT when the order is placed.
The balance is then payable on the completion of the goods and before delivery
to the Customer. The Company reserves the right to charge for storage should
the Customer fail to make payments as requested
4.6. The Company reserves the right to demand security for payment at any
time during the course of a Contract.
4.7. The Company reserves the right to postpone or cancel a Contract at any
time until payment has been received in the event that the Company has any
reason to doubt the Customer's ability or willingness to pay by the due date
or the Customers credit rating with any other party.
5.
Samples
5.1. Samples are used solely to allow the Customer to judge the quality of
bulk providing an indication only of type and quality of Goods and not so as
to constitute a sale by sample. The Customer shall take the Goods at their
own risk as to their corresponding with the said sample. 5.2. The Company reserves
the right to charge for samples. Samples are not for re-sale.
6.
Delivery
6.1. Delivery times are estimates only and do not constitute the essence of
the Contract. The Company will use every reasonable endeavour to deliver the
goods by the stated delivery date, but may suspend or delay delivery and shall
not be liable for any loss whatsoever in the event of late delivery or non-delivery
of the Goods or any instalment owning to any occurrence beyond its control.
The Buyer shall not be entitled to refuse acceptance of late delivery or to
treat late delivery as breach of contract.
6.2. The Company will not accept any liability for the late delivery or non-delivery
of Goods from the Customer to a third party, under circumstances aforementioned
in clause 6.1. This is considered to be the liability of the Customer.
6.3. The Company may at its opinion deliver goods in instalments; each such
instalment will constitute a separate Contract under these Conditions and will
be treated by the Company to be so.
6.4. All prices for delivery given by the Company are given on an ex works
basis. Where delivery is arranged by the Company to a location of the Customers
discretion the Company reserves the right to make reasonable charges for transport,
packaging and insurance. The Company shall use reasonable endeavour to provide
the Customer with prior notice of any such charges.
6.5. Delivery shall take place and risk shall pass upon the earliest of the
following:
6.5.1. The Company handing the Goods to the Buyer or its agents at the Company
premises; or 6.5.2. The Goods leaving the Company premises for delivery to
the Customer; or
6.5.3. In the case of Goods supplied by at the time of a service visit by the
Company, upon the Company handing the Goods to the Buyer or its agent at the
Buyer's premises.
6.6. The Company shall be deemed to have performed the Contract by the delivery
of a quantity of Goods within 10% above or below the quantity ordered and the
Customer shall pay at the price per unit quoted for the quantity of Goods actually
delivered.
6.7. Failure by the Customer to pay for any instalment or delivery when due
shall entitle the Company to withhold further deliveries and the Customer shall
be liable for any costs incurred by the Company relating to such Goods which
the Company is then entitled to withhold.
6.8. The Customer shall notify the Company of incomplete delivery in writing
3 (3) working days of such delivery or in the case of non-delivery within five
(5) working days of the date of the relevant invoice.
7.
Warranty
7.1. Subject to these Conditions the Company warrants that the Goods shall
be free from defects in workmanship and materials at the time of delivery.
Goods that do not conform to this warranty will, at the Company's option, either
be replaced or steps taken as the Company deems necessary to render the Goods
free from defects or take back the Goods and refund or issue a credit note
for the appropriate part of the purchase price provided that the liability
of the Company shall not exceed the purchase price of the Goods.
7.2. This warranty is subject to the following conditions:
7.2.1. The Customer provides written notification of any defects in the Goods,
and received by the Company, within five (5) working days of any discovery
of defect, and within ten (10) working days of delivery;
7.2.2. The Customer affording the Company reasonable opportunity to inspect
the Goods and if so requested by the Company to return (at the Customer's risk)
the allegedly defective Goods to a specified address, suitably packaged within
20 (twenty) working days from delivery of the Goods; 7.2.3. The Customer making
no further use of the allegedly defective Goods after the time at which the
Customer discovers that they are defective;
7.2.4. The Customer has performed its obligations hereunder including full
payment of the Goods.
8.
Customer Supplied Items
8.1. The Customer shall be liable for all artwork, specifications and instructions
issued to the Company with orders or pursuant to the contract. The Customer
will indemnify and keep indemnified the Company against all loss directly or
indirectly arising out of error in or omission from such artwork, specifications
and instructions, and against all claims, demands and expenses whatsoever in
respect of any infringement or potential infringement of any patents, copyrights,
registered designs or third party rights and interests arising out of the Company's
use of said material.
9.
Liability
9.1. The Customer recognises and acknowledges that all specifications and details
in any sales literature, quotations issued, or similar literature and documentation
or by wont of word of mouth and all forecast of performances, howsoever given,
are approximate only and do not form part of the contract.
9.2. The Customer recognises and acknowledges that all Conditions and warranties
expressed or implied by statute and common law are hereby expressly excluded
to the fullest extent permitted by law and, except in respect of death or personal
injury caused by the Company's negligence, the Company shall not be liable
for any loss or damage, costs, expenses, or additional claims whatsoever resulting
from, or in connection with, the supply of Goods or their use or re-sale by
the Customer.
10.
Ownership of Title
10.1. Notwithstanding delivery and the passing of risk in the Goods, or any
other provision mentioned within these Conditions, legal and beneficial title
to the property in the Goods shall not pass to the Customer until the Company
has received payment in full of all sums outstanding or owing from the Customer.
10.2. Until such time as the Company has received payment in full and the property
of the Goods passes over to the Customer, the Customer shall hold the Goods
as the Company's fiduciary agent. The Customer shall keep the Goods separate
from all others, properly sealed, stored, protected, insured and identified
as property of the Company's. Until that time the Customer shall be entitled
to resell or use the Goods in the ordinary course of its business, but shall
account for the proceeds of sale or otherwise of the Goods, whether tangible
or intangible, and shall keep all such proceeds separate from all other monies
or property until such time as the Company has received payment in full.
11.
Force Majeure
11.1. The Company shall not be liable to the Customer whatsoever in the event
that the Company is unable to carry out any provision of the contract for any
reason or cause beyond the Company's control.
11.2. The Company shall notify the Customer as soon as reasonably practicable
after circumstances preventing performance arise. During the continuance of
such a contingency the company may, within is absolute discretion withhold,
reduce or suspend performance of its contractual obligations without liability
to the Customer for any loss or damage whatsoever suffered directly or indirectly
by any such withholding, reduction or suspension.
12.
General Notices
12.1. All contracts in the end depend on the willingness of the Customer and
the Company to achieve mutual satisfaction. Should any action arise from conflicting
conditions not resolved amicably then the Law of England shall be used as the
interpreting Law. Each of these Conditions and each paragraph hereof shall
be construed as a separate condition. Should any condition(s) hereof be found
invalid or unenforceable or an unreasonable restriction of the Company's liability
then such provision shall apply to modify and amend these Conditions as may
be necessary to make them valid and effective.
13.
Delivery
13.1. All goods must be signed for upon delivery. Please make every effort to be at home when your goods
are delivered. In the event that the courier cannot deliver the goods because there is no one there to sign for them,
an additional charge may be made before we will attempt to re-deliver the goods.
13.2. Our website delivery prices apply to the UK Mainland only, and to areas of Northern Ireland. Delivery to overseas areas, including, but not limited to,
the Channel Islands, the Scottish Islands, Ireland, and Europe will be chargeable at a different rate. Goods cannot be
ordered from the website for delivery to these areas. Please contact us by telephone instead. If you are ordering from Northern Ireland, and you are
ordering fewer than 50 capes, please place your order via the website. If you are ordering more than 50 capes, please telephone us to arrange delivery.
14.
Returns and Refunds
14.1. Returns will not be accepted and refunds will not be give unless the goods are proved to be faulty.
In the case where you believe goods to be faulty, please contact us by telephone to discuss before sending the goods back
to us. We will not accept the return of goods without prior agreement.
15.
Privacy and Online Payments
15.1. Online payments are processed securely via
Protx and are securely encrypted and protected by a 128bit digital SSL security certificate provided by thawte.
Your credit card details are transmitted securely to Protx and are not stored in our database. Your details are never passed on to any third party.
FAQs - If you have a general question that you have not found the answer to in our Terms and Conditions, please try our FAQs page.
Payment FAQs - If you have a question about payments in general, or if you have had a problem making a payment on the website, please read our Payment FAQs page.
Delivery Information - If you have a question about delivery times, areas, or delivery costs, please read our Delivery Information page.
StayDry Rainwear Limited: Registered office 134 Kidderminster Road South, Hagley, Worcestershire, DY9 0JH. Registered in England No. 05903980
Codebrush Web Design