1.1 In these conditions the following words have the following meanings. ‘The Buyer”: the person(s), firm or company who purchases the Goods from the Company: “The Company” 4 Seasons Environmental Products Limited, 27 Barbara Avenue, Leicester, LE5 2AD, “Contract”: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions: “Delivery Point”: the place where delivery of the Goods is to take place under as stipulated by the buyer, “Goods”: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any parts of them).
1.2 In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
2. OUR CONTRACT
2.1 These Terms and Conditions govern the supply of goods sold by 4 Seasons Environmental Products Limited, 27 Barbara Avenue, Leicester, LE5 2AD (”we’ and “us’) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto,
2.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods a legally binding contract is constituted on acceptance of these terms and conditions. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
3. PRICE AND PAYMENT
3.1 The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for delivery and insurance as set out in the order form.
3.2 Should the Company incur any extra cost due to lack of instructions, overtime working, abortive deliveries, suspension of the work, or delays caused by others, such extra cost will be added to the contract price and accordingly paid by the Buyer.
3.3 In addition to the prices stated herein the Buyer may be required to pay or reimburse the Company for any tax (except Income or Corporation tax) which may now or hereafter be imposed by any taxing authority in respect of the goods and services contracted for. In the event that the company shall be required to pay such tax, the Buyer shall reimburse the Company for such payment.
3.4 We reserve the right to change the price of any of the goods supplied by us due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
3.5 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
4.1 Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing. Payment shall be made in accordance with the displayed invoice on screen. Credit Facilities may be revoked at the absolute discretion of the Company, in this event all outstanding balances will be payable immediately.
4.2 No payment shall be deemed to have been received, until the Company has received cleared funds,
4.3 The Buyer shall make all payments due under the Contract without any deductions whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
4.4. If the Buyer fails to pay the Company any sum due pursuant to a re-delivery or an otherwise payment due to the fault of the Buyer the Buyer will be liable to pay interest to the Company of such sum from the due date for payment at the annual rate of 8% above the base lending rate. This will be accruing on a daily basis until payment is made whether before or after any judgment.
5. DELIVERY DETAILS
All orders placed with 4 Seasons Environmental Products Limited, will be dispatched within 3 working days of the funds clearing into our account using Royal Mail First Class Delivery.
Royal Mail First Class Delivery may take between 2-3 working daysfrom when despatched.
In some cases we may choose to send the products via courier service but this will not affect the price for delivery.
5.1 The delivery date referred to in the Company’s acknowledgment of order shall only be regarded an estimate of the actual date of delivery. The Company shall not be bound to deliver on the estimated delivery date nor shall the Company be liable for any delay in delivery unless specifically agreed in writing from the Company’s head office.
5.2 Where delivery is delayed upon the buyers request or due to the lack of delivery instructions, or due to the buyers delayed payment of his account the Company shall have the right to charge storage costs, which the buyer shall pay, Storage shall be charged at 2% of invoice value for each completed month which delivery is delayed beyond the stated delivery date.
5.3 If the Company attempts to effect delivery, and such an attempted delivery is abortive due to the buyers refusal to accept goods for whatsoever reason, unless the buyer has given the Company reasonable written notice of the buyers wish to postpone the delivery date, the Company shall have the right to charge the buyer with all costs and expenses of the abortive delivery.
5.4 The Company may make, and the buyer shall accept partial deliveries when required by the Company.
5.5 On delivery all risk in connection with the goods shall pass to the buyer.
5.6 The buyer shall be solely responsible for the cost of protecting the equipment from damage or destruction after delivery, howsoever caused.
5.7 The Company will not accept any liability or claim for the loss of contents arising from malfunction of the equipment supplied.
While we endeavor to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days.
7.1 Goods are not supplied on a sale or return basis.
7.2 The Company reserves the right to impose an administration charge on all returns. This will be charged at a rate of 40% of the cost. This is due to the high cost of carriage and handling, a restocking fee may be incurred if it is necessary to return large items.
7.3 Once the Company has acknowledged the buyer’s order, the buyer may only cancel the order if the Company agrees to accept such cancellation. In such an event the Company reserves the right to charge a cancellation fee in respect of its cost, which the buyer shall pay.
7.4 Where goods are returned in their original packaging, this packaging must be in intact condition. The Company reserves the right to impose a charge for any damaged packaging.
8. SHOP AND COLLECTION
8.1 Risk in the goods passes to the Buyer upon receipt.
8.2 No monies will be taken for goods out of stock.
9.1 The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
9.2 The Company shall not be liable for any non-delivery of goods (even if caused by the Company’s negligence) unless written notice is given to the Company within 7 days of the date when the Goods would in the ordinary course of events have been received.
9.3 Any liability of the Company for non-delivery of the goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata contract rate against any invoice raised for such goods.
9.4 If any goods received by the Buyer have been damaged upon delivery, the Buyer must inform the Company of such damage within 24 hours of delivery.
9.5 The Company shall not be liable for loss or damage arising from delays in delivery resulting from natural disasters, Government orders, strikes, war or delay in delivery of manufacturing material, or any circumstances beyond the Company’s control. None of these events shall entitle the buyer to cancel the contract, and the delivery date shall be extended accordingly.
10. WARRANTIES AND LIABILITY
10.1 Where the Company is not the manufacturer of the Goods, or where the Services are performed by another third party on behalf of the Company, the Company will endeavor to transfer to the Customer the benefit of any warranty or guarantee given to the Company.
10.2 The Company warrants for a period of 14 days from delivery of the Goods and/or performance of the Services that (subject to the other provisions of these Conditions), upon delivery or performance (as appropriate):
10.2.1 the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1994 1979; and
10.2.2 the Goods and/or Services comply in all material respects with the specification.
10.3 The Company shall not be liable for breach unless:
10.3.1 the Customer gives written notice (whether or not delivery is refused by the Customer) to the Company of the defect (and if the defect is as a result of damage in transit and if the Company has any liability) to the carrier within 7 days of delivery or performance or (where the defect was not apparent on reasonable inspection) within 7 days after discovery of the defect but in any event no later than 14 days after the date of delivery or performance; and
10.3.2 the Company is given a reasonable opportunity after receiving the notice of examining such Goods and/or Services which are defective and for this purpose the Customer shall provide authority for the Company’s representatives or agents to enter on to its premises to inspect any defective Goods and Services within 14 days of a request being made by the Company.
10.4 The Company shall not be liable and shall be under no liability under any other warranty, condition or guarantee if:
10.4.1 any defect in the Goods and/or Services arises from any drawing, design, instructions or specification supplied by the Customer;
10.4.2 any defect arises from fair wear and tear, willful damage, negligence, or abnormal working conditions or because the Customer has failed to follow the Company’s instructions (whether oral or in writing), including but not limited to as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
10.4.3 any defect arises from, as a result of or as a consequence of the general condition or any defect in the structure of the Premises;
10.4.4 the total price for the Goods and/or the Services has not been paid by the due date for payment;
10.4.5 any parts, materials or equipment are not manufactured by the Company. in which case the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company;
10.4.6 the Customer makes any further use of such Goods;
11. AGE RESTRICTED GOODS
If you place an order for any age-restricted goods you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe that you are not entitled to order certain goods.
12. FORCE MAJEURE
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions in invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity 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.
14. FAULTY PRODUCTS
If any products we supply are faulty, please return the items to us within l4 days of purchase with receipt and completed returns form, for a full replacement.
Disclaimer - use of this website:
Accuracy of information
The Company uses its best endeavors to ensure that the information contained on its website and publications is accurate and not misleading. Accordingly The Company reserves the right, without obligation, to amend or delete product information without notice.