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1.1 These Terms and the Order together form the whole agreement for the supply of Goods (the Agreement).
1.2 When the following words and expressions are used in these Terms, this is what they will mean:
Event Outside Our Control: the circumstances described in paragraph 7.2;
Goods: the goods that we are selling to you, as set out in the Order;
Order: your order for the Goods;
Terms: the terms and conditions set out in this document;
we/our/us: The Chopping Company Limited (company number SC361297), registered at 38
Bridge Street, Dollar, Clackmannanshire, FK14 7DE.
1.3 Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate before you submit the Order. Please contact us if you would like to discuss the content of these Terms, or think that there is a mistake on the Order.
1.4 When you submit the Order to us, this does not mean we have accepted your Order. Our acceptance of the Order will take place as described in paragraph 1.5. If we are unable to supply you with the Goods as provided for in the Order, we will inform you of this and we will not proceed with the Order.
1.5 The Agreement will become binding when we contact you to confirm that we are able to provide you with the Goods, at which point a contract will come into existence between you and us.
1.6 We shall assign an order number to the Order and inform you of it when we accept/confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.
1.7 Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues, brochures or marketing materials are for illustrative purposes only. Although we have made every effort to make sure the images are as accurate as possible, your Goods may vary slightly from these images. You acknowledge that you have not relied on any statements, promises or assurances made or given by, or on behalf of, us that are not set out in the Agreement. In particular, we give no warranty regarding the actual reduction in energy usage resulting from use of the Goods.
1.8 We reserve the right to amend the specification of the Goods if required by any laws or regulatory requirements.
1.9 When we use the words writing or written in these Terms, this will include letters or faxes or any other form of electronic communication, unless we say otherwise.
You may make changes to an Order at any time before we dispatch the Goods by contacting us in writing. Where this change results in a change in the price, we will notify you of the amended price. In these circumstances you can choose to cancel the Order in accordance with paragraph 8.1.
3.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Unfortunately we do not deliver to addresses outside the UK.
3.2 Once we have accepted/confirmed your Order we will contact you with an estimated delivery date. Occasionally the delivery may be affected by an Event Outside Our Control. Our responsibilities in such cases are set out in paragraph 7.
4.1 The price of the Goods will be set out in our price list in force at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have accepted/confirmed. The price will include VAT.
4.2 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
4.3 You are required to make payment of the price in full and in advance as set out in the Order.
5.1 We guarantee that on delivery the Goods shall be of satisfactory quality and shall be free from material defects in design, material and workmanship.
5.2 Installation of the Goods is your responsibility and under no circumstances will we be held responsible for any failure of the Goods (or any other consequence) arising as a result of the installation of the Chop-Cloc. Please note that the Goods must be installed by a competent person, and in accordance with the current IEE regulations.
5.3 We shall not be liable for any failure of the Goods to comply with the guarantee set out in paragraph 5.1 if:
(a) you make any further unauthorised use of the Goods after informing us of any defect;
(b) the defect arises because you failed to follow any oral or written instructions from us as to the storage, commissioning, installation, use and maintenance of the Goods or, if there are none, usual practice regarding the same;
(c) you alter or repair the Goods;
(d) any defect arises as a result of incorrect installation, fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) any defect arises as a result of changes made by us to ensure the Goods to comply with any regulatory requirements or requirements in law.
The Goods are supplied with a Technical Manual, Fitting Instructions and User Guide that provide some very important information concerning the installation and use of the Goods. Please read these documents carefully before the Goods are installed or used.
6.1 As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.2 We do not exclude or limit our liability in any way for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by sections 12 (title and quiet possession), 13 (sale by description), 14 (satisfactory quality and fitness for purpose) and 15 (sale by sample) of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987.
6.3 If we fail to comply with the terms of the Agreement we shall only be responsible for the loss or damage you suffer that is a foreseeable result of any such failure, or for our negligence. Loss or damage is foreseeable if it was an obvious consequence of such failure, or if it was contemplated at the time we entered into the Agreement.
6.4 We supply the Goods to you as a consumer, for your domestic and private use only. You agree not to use the Goods for any commercial, business or re-sale purpose. Consequently we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.1 We will not be liable or responsible for any failure or delay in performing any of our obligations under the Agreement that is caused by an Event Outside Our Control.
7.2 An Event Outside Our Control means any act or event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving our own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8.1 You may cancel an Order at any time before the Goods are delivered, or at any time up to seven (7) working days following delivery and in such event:
(a) if you cancel an Order and you have made any payment in advance for Goods that have not been dispatched to you, we will refund these amounts to you less any initial costs of delivery; and
(b) if you cancel an Order and we have already dispatched your Goods to you, we will not be able to cancel your Order until it is delivered.
8.2 If you cancel an Order, any Goods delivered to you must be returned within seven (7) working days of receipt and you will have to pay the cost of returning the Goods back to us. This will not affect your refund for the Goods,
8.3 If we have to cancel an Order we will refund to you any payment made in advance in respect of the Order.
9.1 If you have any questions or have any complaints, please contact us. You can contact us by e-mailing us at firstname.lastname@example.org
9.2 If you wish to contact us in writing, or are required to give us notice in writing under the Agreement, you can contact us by e-mail, or by hand or pre-paid post to 38 Bridge Street, Dollar, FK14 7DE If we have to give you notice in writing under the Agreement we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
10.1 We will use the personal information you provide to us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
10.2 We will not give your personal data to any third party.
11.1 We may transfer our rights and obligations under the Agreement to another organisation. We will always notify you in writing if this happens, but this will not affect your rights or our obligations under the Agreement.
11.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.3 If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 The Agreement to which these Terms apply is between you and us. No other person shall have any of the rights or benefits of the Agreement, or be able to enforce any of its terms.
11.5 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.