Term and Condition
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| 1. OUR CONTRACT |
| 1.1 These terms and conditions govern the supply of goods sold by OFTEC (Company No 2739706) of Foxwood House, Dobbs Lane, Kesgrave, IPSWICH, Suffolk, IP5 2QQ (OFTEC) to the Customer named on the order form provided on the OFTEC Direct website or in an OFTEC Direct catalogue. Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between the parties in relation thereto. |
| 1.2 OFTEC acceptance of Customer’s order by delivery of the goods constitutes a legally binding contract between the parties on these terms and conditions. No variation to these conditions shall be binding unless agreed in writing between the Customer and a Director of OFTEC. |
| 1.3 OFTEC employees or agents are not authorised to make any representations or give advice or recommendations concerning the goods unless confirmed by OFTEC in writing. In entering into the contract the Customer acknowledges that it does not rely on, and waives any claim in respect of, any such representations, advice or recommendations which are not so confirmed. |
| 1.4 Any topographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued by OFTEC shall be subject to correction without any liability on the part of OFTEC. |
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| 2. PRICE AND PAYMENT |
| 2.1 The price payable for goods ordered is as set out on OFTEC’s website at the time the Customer places their order or, if the Customer orders from one of our catalogues, as set out in the catalogue from which the Customer has ordered provided it is a current catalogue, plus any charges for carriage and insurance as set out in the order form. OFTEC reserves the right to charge increased carriage charges for delivery to offshore locations i.e. Isle of Wight, Northern Ireland, Republic of Ireland, Jersey, Isle of Man, Scottish Isles, Guernsey, rest of Europe and outside the EU. |
| 2.2 Subject to clause 2.3, OFTEC must receive payment for the whole of the price of the goods the Customer orders, and any applicable charges for carriage and insurance, before the Customers order can be accepted unless OFTEC have agreed otherwise in advance in writing. |
| 2.3 The price of the goods and services is fixed and shall be as stated in the order and, unless otherwise so stated, shall be exclusive of any VAT |
| 2.4 The price of the goods and services is fixed and shall be as stated in the order and, unless otherwise so stated, shall be paid in Pounds Sterling. Where subject to clause 2.3 above, the price of the Goods and the Services is not stated in the order, then the last price quoted by the seller to OFTEC shall prevail; if there has been no previous quote then the written agreement of a DIRECTOR of OFTEC shall be obtained before the order is Fulfilled and if not so agreed the contract shall be cancellable by OFTEC |
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| 3. DELIVERY AND TITLE |
| 3.1 Unless the Customer tells us they wish to collect the goods, OFTEC will deliver them in accordance with their order. A valid signature will be required on collection or delivery. Immediately prior to dispatch of the goods to the Customer, the title in the goods will pass to the Customer. In the unlikely event that the Customer has not received all the goods within 21 days of the date of delivery (or where the Customer has requested a delayed dispatch within 21 days of the requested dispatch date), the Customer must notify OFTEC immediately. |
| 3.2 Our terms are strictly net 30 days. Interest will be charged at 2% per month (or part thereof) on all amounts after due date. If payment is not made when due OFTEC may cancel this contract and any other contract between the customer and OFTEC, suspend any further deliveries and/ or charge interest accruing on a daily basis on any amount unpaid by the customer at a rate of 2% per calendar month or part thereof that payment remains outstanding. |
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| 4. DAMAGE DURING DELIVERY |
| 4.1 Any claim by the Customer, which is based on any damage caused to the Goods during delivery shall (whether or not delivery is refused by the Customer) be notified to OFTEC within 3 days of the date of delivery provided that the Goods have been signed for with the carrier as damaged or unexamined by the Customer. If the Customer does not notify OFTEC accordingly, the Customer shall not be entitled to reject the goods and OFTEC shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the goods had be delivered in accordance with the contract. |
| 4.2 Where any valid claim in respect of damage caused to the goods during delivery is notified to OFTEC in accordance with this clause, OFTEC shall be entitled to replace, or at OFTEC‘s sole discretion, repair the goods (or the part in question) free of charge but OFTEC shall have no further liability to the Customer. |
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| 5. AVAILABILITY |
| 5.1 While OFTEC endeavour to hold sufficient stock to meet all orders, if OFTEC has insufficient stock to supply or deliver goods ordered and paid for by the Customer, OFTEC may, at our discretion, supply or deliver a substituted product or refund the Customer the price paid for such goods as soon as possible and in any case within 30 days. |
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| 6. CANCELLATION AND RETURNS |
| 6.1 The Customer may cancel their order by giving OFTEC notice of cancellation within 14 days of the date of collection or delivery. Such notice may be given by mailing, faxing or e-mailing to the number or address set out on the order form. If you are cancelling because of any problem with the goods, please notify OFTEC of the problem at the time of cancellation, a 15% restocking charge is charged on returns unless the goods are faulty. |
| 6.2 On cancellation for whatever reason, the Customer must return the goods to OFTEC at the Customers cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by OFTEC, in which case we will meet the cost of return. |
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| 7. LIABILITY |
| 7.1 If the Customer has notified OFTEC of a problem with the goods, OFTEC will (subject to clause 5) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to the Customer the amount paid by the Customer for the goods in question. |
| 7.2 Where OFTEC have agreed to replace the goods, the Customer confirms that they will keep the original goods safely and allow OFTEC’s nominated carrier to collect them from the Customer without any undue delay. Persistent failure to allow the original goods to be collected may result in the Customer incurring an additional charge up to the original cost to them. |
| 7.3 OFTEC will not be liable to the Customer for any loss of profit, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and OFTEC shall have no liability to pay any money to the Customer by way of compensation other than any refund OFTEC make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude OFTEC’s liability to you for fraudulent misrepresentation or for death or personal injury resulting from OFTEC’s negligence. |
| 7.4 The goods are intended for use in the United Kingdom and the Republic of Ireland. OFTEC make no warranties, express or implied, that the goods are suitable for use outside the United Kingdom, or comply with any laws, regulations or standards of any jurisdiction outside the United Kingdom. |
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| 8. AGE REQUIREMENTS FOR SPECIFIC GOODS |
| 8.1 Where the law requires a minimum age limit for the purchase of specific goods, the Customer must confirm that they are over the required age limit and that delivery will be accepted by a person over the required age limit. |
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| 9. TERMINIATION |
| 9.1 OFTEC may suspend further supply or delivery, stop goods, in transit or terminate OFTEC’s contract by notice in writing to the Customer if they are in breach of an obligation hereunder or the Customer becomes unable to pay their debts when they fall due or proceedings are commenced by or against the Customer alleging bankruptcy or insolvency. Upon termination, the Customer’s indebtedness to OFTEC becomes immediately due and payable and OFTEC shall be under no further obligation to supply goods to the Customer. |
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| 10. FORCE MAJEURE |
| 10.1 OFTEC shall have no liability to the Customer for any failure or delay in supply or delivery for any damage or defect goods supplied or delivered hereunder that is caused by any event or circumstance beyond OFTEC’s reasonable control (including, without limitation, strikes, lockouts and other industrial disputes). |
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| 11. GENERAL |
| 11.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which OFTEC exclude our liability to the Customer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law. |
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