IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions
(‘the Conditions’) upon which Arenro (‘Us’/‘We’/‘Our’)
contracts with you (‘You’/‘Your’/‘Yourself’) for the sale of the Goods.
In this Agreement, ‘Goods’ means the goods which We supply to You in accordance with the Conditions.
All orders are accepted by Us subject to the following Conditions:
1 Order
1.1 You shall make an order by web site, telephone, post or email.
1.2 Where an order is made by web site, telephone or email, We do not require written confirmation of such
an order. If You do send written confirmation of an order please ensure that the order
is clearly endorsed ‘confirmation’. Failure to so endorse the confirmation will result in
the order being duplicated. You will then be responsible for settlement of the
duplicated order in full. If the duplicated order is not required it will be subject to Our
terms under clause 6 ‘Returns’ below.
1.3 All orders which are accepted by Us shall be subject to these Conditions.
2 Payment
2.1 Payment is due at the time of submitting the order and goods will not be dispatched before payment
has been confirmed. With prior arrangement and at our discretion, we will invoice you for the Goods on or soon after
dispatch. In this case, payment is due at the end of the month after the month of the invoice date(the ‘Due Date’).
2.2 If You fail to make any payment on the Due Date We have the right to charge interest
on all outstanding balances calculated on a daily basis at the rate of 2% per annum
above the current base lending rate of the Bank of England.
2.3 Prices quoted in this catalogue are inclusive of any applicable taxes and current at the time of going to
press. While every endeavour will be made to maintain them at their present low level
we reserve the right to effect changes without prior notice (including, in particular, in
the event of exchange rate variations).
2.4 If any sum of money is due from You, the same may be deducted from any sum then
due or which at any time becomes due to You under this or any other Agreement
between Us and You.
2.5 Single invoices are rendered, a charge will be made for additional copies.
3 Ownership of the Goods
3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to
You when You have paid cash or cleared funds in payment of
all sums owing to Us in respect of the Goods.
3.2 Until payment as aforesaid You must store the Goods in such a way that they are
clearly Our property.
3.3 Until ownership has passed to You We retain full legal and beneficial title to the
Goods and reserve the right at any time to require You to deliver up the Goods to Us
and, if You fail to do so forthwith upon Our request, to enter upon any of Your
premises or of any third party where the Goods are stored and repossess the Goods.
3.4 Nevertheless You shall be entitled to sell the Goods either in their original state or
incorporated into other products acting as Our agents but in these circumstances the
title to the Goods shall remain with Us, and You shall remain fully accountable for the
proceeds of the Sale thereof.
4 Despatch of Goods and Delivery
4.1 We shall despatch Goods by First Class post or Carrier to UK based customers (for
Export see paragraph 5). Goods are normally despatched on day of receipt of order.
Carriage, unless otherwise shown, is charged at £1.95 (inc. VAT) on orders under
£25.00 (inc. VAT) in value. Orders over £25.00 (inc. VAT) are carriage paid.
4.2 Specialist Carrier Delivery normally ensures delivery the next day after the order being
placed, Monday to Friday. Orders must be placed by 11.00am.
The charges for this service (when available) are (UK mainland only):
Cost / Delivery time £5.95 (inc. VAT) Next day £14.95 (inc. VAT) Next day before 9am
4.3 Time for delivery shall not be of the essence of this Agreement. We shall use
reasonable endeavours to deliver by the date specified but We shall be under no
liability whatsoever for delay in delivery or the consequence thereof however caused
and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any
loss or damage suffered or incurred directly or indirectly as a result of any late
delivery of the Goods.
5 Export
Freight and insurance is charged extra at cost. Please contact us for a
quotation. Payment may be made by Banker´s Draft or
Telegraphic Transfer direct to our bank: NatWest Direct Business Banking, PO Box 4115, Hornchurch, Essex, PM12 4DF.
Account No : 18571166 Sort Code : 60-24-77.
6 Returns
6.1 Other than Goods returned under Guarantee in accordance with clause 8 or for
shortages or damages reasons, returns will require Our Agreement and in any event
will only be accepted in original packaging and a 20% handling charge will apply with a
minimum charge of £2.00. Goods must be returned within
30 days of the date of delivery.
6.2 If there are shortages or damages to the Goods occurring in transit, you must notify
us 7 days from the date of delivery, giving full details of any such shortages or
damages and You must return the Goods to Us together with all packaging. Within
that time all parcels delivered to You in a damaged condition should be returned to Us
forthwith.
6.3 In all cases where the Goods are returned You must quote the delivery note number.
6.4 Where We accept that there has been a shortage in Goods dispatched or the Goods
have been damaged in transit, We shall replace such Goods at the previously invoiced
price.
6.5 Order Cancellation
Cancellation of an order can only be accepted after prior negotiation and agreement.
On no account can cancellation be accepted for items ordered specially by Us on Your
behalf.
7 Copyrights and Patents
7.1 Products offered in this catalogue may be the subject of patents, copyright, design,
trade mark or other intellectual property rights. We make no representation or
warranty as to whether Your use of or dealing with the Goods (or any part or
component thereof) either will or will not infringe such rights. Without limiting the
generality of this statement, We do not grant nor purport to grant to You any licence,
permission or authority in respect of such rights and You acknowledge and agree to
satisfy Yourself in respect of such matters. We accept no liability for infringement of
any such rights.
7.2 Reproduction in part or whole of this catalogue without Our prior written consent is
strictly prohibited.
8 Guarantee
8.1 Unless otherwise specified and subject to clauses 8.2 and 8.3, the Goods are
guaranteed free from defect caused by faulty materials or workmanship for a period of
twelve months from the date of dispatch (the ‘Guarantee’).
8.2 The Guarantee in clause 8.1 is given provided that:
(a) We are promptly notified in writing upon discovery by You that the Goods are
defective due to faulty materials or workmanship;
(b) the Goods in question to which the claim refers are returned to Us within 12
months from the date of dispatch (the ‘Guarantee Period’) suitably packed,
carriage prepaid and accompanied with proof of purchase (delivery note or
invoice) and details of the nature of the defect; and
(c) examination by Us of the Goods in question confirms that the alleged defect has
not been caused by misuse, neglect, method of storage, faulty installation,
handling, testing or repair, by alteration or accident
or by any other cause listed in clause 8.3(b)(i) to (iv) below.
8.3 We are not liable under this Guarantee:
(a) if the total price for the Goods has not been paid by the Due Date; or
(b) for any defect arising from:
(i) fair wear and tear, willful damage, negligence, misuse, repair of the Goods
without Our approval;
(ii) any use of or dealing with the Goods in a manner which could not reasonably
be expected having regard to their normal purpose;
(iii) any use of or dealing with the Goods in conjunction with any other
item where such item causes or gives rise to the alleged defect; or
(iv) any use of the Goods which is not in accordance with the manufacturer´s
operating or user instructions or from any failure to service or maintain the
Goods in accordance with the manufacturer´s instructions.
8.4 The Guarantee shall not be affected by and no obligation or liability shall result from
providing technical advice or service in connection with Your order for the Goods.
8.5 Our liability under the Guarantee shall be limited to replacing, repairing or issuing
credits at Our option for any Goods returned within the Guarantee Period.
9 Limitation of liability
9.1 Subject to clauses 9.3 and 9.4 below and as otherwise expressly provided in this
Agreement, all warranties, conditions or other terms whether express or implied by
statute or common law or otherwise are excluded to the fullest extent permitted by
law. In particular We make no representation or warranty that the Goods are either of
satisfactory or merchantable quality or fit for any purpose or that they conform to any
description. You acknowledge and agree that You have relied upon Your own skill and
judgement in selecting the Goods.
9.2 Subject to clauses 9.3 and 9.4 and to the Guarantee given in accordance with clause
9 and to the full extent permitted by law We exclude all liability for any loss, damage
or expense howsoever suffered or incurred by You as the direct, indirect or
consequential result of the Goods either not being of satisfactory or merchantable
quality, or fit for any purpose, or conforming to any description and You hereby
irrevocably waive all rights and/or remedies (if any) which You may have or have had
in respect of such loss, damage or expense and/or in respect of any breach or default
of any warranty implied by statute, equity or common law concerning the quality,
fitness or description of the Goods.
9.3 Clauses 9.1 and 9.2 do not apply where You deal as a Consumer in accordance with
section 12 of the Unfair Contracts Terms Act 1977 and to
the extent that that such exclusion is not permitted in accordance with the provisions of
that Act. Your statutory rights remain unaffected by anything in these Conditions.
9.4 Nothing in these Conditions shall limit Our full liability in respect of death or personal
injury caused by Our own negligence or under Part 1 of the Consumer Protection Act
1987.
9.5 We shall not be liable for incidental or consequential damages for any breach hereof,
including but not limited to costs of removal and re-installation of Goods, loss of
goodwill, loss of profits or loss of use.
10 Commercial Tolerances
10.1 Dimensions and other physical characteristics of the Goods are subject to normal
commercial tolerances. Unless otherwise stated, electrical ratings represent safe
working limits.
11 Data Protection Act
11.1 Information provided to us will only be used to manage your account and for credit
and security checks.
12 Miscellaneous
12.1 We reserve the right to discontinue any product, or make design changes to product
specifications, or use different suppliers or manufacturers to those stated in the
catalogue, without prior notice, as part of Our continuous process of product and
service improvement, or to improve product availability. The information contained in
this catalogue is correct to the best of Our knowledge at time of going to press. All
images are used for illustration purposes only.
12.2 If any provision of this Agreement is held by any competent authority to be invalid or
unenforceable in whole or part the validity of the other provisions
of this Agreement and the remainder of the provision in question shall not be
affected.
12.3 We shall not be liable to You for any delay or failure to perform any of Our obligations
hereunder which is due to causes or circumstances beyond Our reasonable control,
including (without limitation) acts of civil or military authority, national emergencies, fire
or flood, acts of God, war or riots, actions or omissions of third parties.
12.4 This Agreement including the order is the complete and exclusive statement
of the contractual relationship between the parties, which supersedes all prior
proposals, understandings, agreements, or representations between the parties
relating to this Agreement except in respect of any fraudulent misrepresentation made
by either party.
12.5 We reserve the right to randomly monitor and record inbound and outbound calls.
12.6 No delay, neglect or forbearance on the part of either party in enforcing its rights or
any of them against the other shall be construed as a waiver or in any way prejudice
any of its rights hereunder.
12.7 This Agreement shall be governed by and construed in accordance with the laws of
England and Wales whose courts shall have exclusive jurisdiction in connection with
any dispute arising out of or in connection with it.
|