Products For Sale
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Terms and Conditions
Speedy Retail/Speedy Hire plc - Online Terms and Conditions of Sale
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Speedy Asset Services Limited (No. 006847930) of Chase House, 16 The Parks, Newton le Willows, Merseyside, WA12 0JQ ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed by you are on the basis of these terms and conditions (the "Conditions") and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2. Definitions
"Users" means the users of the Website collectively
"Website" means the website located at www.Speedyretail.com or any subsequent URL which may replace it
"You" means a user of this website
3. Our Rights
3.1 We reserve the right to:
3.1.1 modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
3.1.2 change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4. Third Party Links
4.1 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
4.1.1 the privacy practices of such websites,
4.1.2 the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
4.1.3 the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
5. Price and Payment
5.1 The price payable for the goods you order is as set out on our web site at the time you place your order plus any charges for delivery and insurance as set out in the order form.
5.2 We reserve the right to change the price of goods, due to market conditions but we will confirm the prevailing price with you before accepting your order.
5.3 We are not obliged to accept your order for goods and may decline it or limit the order quantity.
5.4 On occasion, the prices payable of goods advertised on our web site may differ from those prices offered in the then current catalogue or at our depots.
5.5 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.
5.6 Unless you are an account customer, we must receive payment for the whole of the price of the goods you order and any applicable charges for delivery, before your order can be processed.
5.7 If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over Barclays' then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs.
5.8 Where you are a business, you are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.
6. Delivery and Title
6.1 We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days.
6.2 If we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery.
6.3 In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.
6.4 We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.
6.5 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
6.6 Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
6.7 Delivery costs to UK Mainland will be £5 per order. Delivery Costs to the Scottish Highlands and to all offshore islands in the UK will be £27.50. Orders over £100 will have the delivery cost waived. This offer applies only to deliveries within Mainland UK.
6.8
The following postcodes will be classified as the Highlands for billing purposes:
7. Availability
While we endeavour 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 or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
8. Cancellation and returns
8.1 You may cancel your order by giving us notice of cancellation within 15 days of the date of delivery to you or your collection from us. Such notice may be given by phone, mail, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
8.2 On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return.
8.3 You should take good care of any goods that you intend to return to us.
9. Liability
9.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
9.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
9.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
9.4 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or for any liability that we cannot exclude or limit by operation of law.
9.5 If you have notified us of a problem with the goods within 10 days of delivery, we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
9.6 We shall have no liability (whether arising out of contract, tort (including negligence) or otherwise) to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you (whether arising out of contract, tort (including negligence) or otherwise) shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Conditions or our legal duties.
10. Intellectual property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
11. Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder (or any other contract between you (or any of your group companies) andus (or any of our group companies) or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
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).
13. Disposal of Electrical and Electronic Equipment
If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non household Electrical or Electronic Equipment purchased from us will be your responsibility.
14. Governing law
14.1 This contract shall be governed by and interpreted in accordance with English law.
14.2 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
15. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
16. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
18. Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Speedy Hire plc and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
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