1. Definition
In this condition “the company” will mean One Call Training Ltd. The “purchaser” shall mean the company, firm or any person who places an order with the company to purchase any goods described in the catalogue or on the website.
2. Formation of Contract
The Purchaser may place an order for goods in writing, sent to the company or by telephone to the company or orally to one of the sales representatives of the company.
3. Prices & Delivery
3.1 Unless otherwise stated in writing, all prices quoted are ex-warehouse & the purchaser shall be charged extra with all packing and delivery costs, if any.
3.2 All prices are subject to value added tax (VAT).
3.3 Any extra cost incurred by the company as a result of delays, interruptions or suspension of work due to default on the part of the purchaser shall be added to the contract price.
3.4 By reason of fluctuation in the value of the pound, and other costs, prices are subject to alteration without prior notice and we reserve the right to invoice at the price ruling at the date of ordering.
3.5 Where the goods are sold with delivery charges agreed, any time or date specified for delivery of the equipment given by C K Direct (Peterborough) Ltd is an estimate only unless expressly made a term of contract in writing.
3.6 Any time or date specified for delivery of the Equipment given by C K Direct (Peterborough) Ltd is an estimate only unless expressly made a term of contract in writing.
3.7 Standard delivery is made by one driver – assistance will be required on site. Delivery to site does not include unpacking or siting. This service may be available at an extra cost. Please contact the sales office.
4. Payment
Unless otherwise agreed in writing by the company payment for the goods shall be made in full without deduction prior to release of the goods.
We as a company reserve the right, should we hold your credit/debit card details on file, take any balances outstanding, should the terms of the Pre Installation agreement not be strictly adhered to
5. Cancellation
If the purchaser purports to cancel an order but the company is unable to cancel the order from the manufacturer or other supplier the purchaser shall be obliged to accept the goods and settle the invoice in accordance with these conditions.
6. Warranty Conditions
The company will use reasonable endeavours to extend to the customer the benefit of any guarantee condition or warranty, which may have been granted to the company by any manufacturer or supplier of the goods & will take such steps as the customer may reasonably be required in enforcing such rights. The warranty is provided by the company for twelve months from the date of invoice and applies to all mechanical and electronics parts such as motors, elements and controls. In the case of a breakdown or malfunction the company will endeavour to attend site within 24 hours, 48 hours during busy periods.
The warranty is invalidated if the customer fails to strictly adhere to the operation and maintenance instructions or if a qualified engineer does not install the goods, or attempts to repair any goods covered by the warranty.
The company does not provide any warranty for second-hand equipment. The warranty is limited to the free replacement of spare parts only. The warranty does not extend to malfunctions resulting from natural wear and tear or the result of mistreatment or mishandling or carriage charges. Perishable parts such as door seals, light bowls and non-mechanical or electrical parts such as handles, feet and hinges are excluded from the warranty and will be provided entirely at the discretion of the company.
The company will use reasonable endeavours to extend to the customer the benefit of any guarantee condition or warranty, which may have been granted to the company by any manufacturer or supplier of the goods & will take such steps as the customer may reasonably be required in enforcing such rights. The warranty is provided by the company for twelve months from the date of invoice and applies to all mechanical and electronics parts such as motors, elements and controls. In the case of a breakdown or malfunction the company will endeavour to attend site within 24 hours, 48 hours during busy periods. The warranty is invalidated if the customer fails to strictly adhere to the operation and maintenance instructions or if a qualified engineer does not install the goods, or attempts to repair any goods covered by the warranty.The company does not provide any warranty for second-hand equipment. The warranty is limited to the free replacement of spare parts only. The warranty does not extend to malfunctions resulting from natural wear and tear or the result of mistreatment or mishandling or carriage charges. Perishable parts such as door seals, light bowls and non-mechanical or electrical parts such as handles, feet and hinges are excluded from the warranty and will be provided entirely at the discretion of the company.
7. Non-Stock Item
Any items ordered that is not normally held in stock will be ordered on the purchaser’s behalf from the manufacturer or the supplier and cannot be returned if no longer required.
8. Quality & Description
Every effort is made to ensure that the description of the goods in the catalogue is correct and not misleading at the time of going to print. Where the descriptions are inaccurate the company will use all reasonable endeavours to notify customers wishing to order the relevant goods at the time the order is taken.
9. Ownership
Legal and beneficial ownership of all goods supplied by the company shall remain vested in the company until payment for those goods has been made in full. Failure to pay all sums due in full will give the company the right to take possession of any goods supplied by the company.
10. LIMITATION OF LIABILITY
10.1 Nothing in these conditions shall limit or exclude One Call Training Ltd’s liability for:
- death or personal injury cause by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for One Call Training Ltd to exclude or restrict liability.
10.2 Subject to condition 10.1
- One Call Training Ltd shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- One Call Training Ltd’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000,000 or the price of the Goods whichever is the lesser.
- One Call Training Ltd shall under no circumstances be liable for any loss of goods or trade arising to mechanical equipment malfunction.
11. Risk
The risk in goods shall pass to the purchaser upon delivery to the purchaser or his agent and the company shall, notwithstanding that ownership of the goods may be retimed by it, have no responsibility in respect of those goods thereafter, the purchaser being responsible for effecting adequate insurance in respect of those goods.
12. Specification
All specification and Features quoted in the catalogue are nominal and subject to manufacturing tolerances, exact conformity cannot be guaranteed.
13. Suitability For their Purpose
Goods which have been incorrectly ordered will not be accepted for return without prior approval from One Call Training Ltd. Returned goods will only be accepted if they are correctly packed in the original package, with the original manual and have not been used. A restocking charge of 25% will be levied on all such goods. It is entirely the customer’s responsibility to ensure that the kind and/or class of the equipment ordered are suitable to the purpose.
14. Compliance with Instructions & Safety
The customer must ensure that all the equipment is installed, maintained and used strictly in accordance with the appropriate instructions and recommendations both for the safety of users and to prevent damage to the equipment.
15. Damage & Receipt of Goods
The customer must examine the goods for damage and correctness upon delivery. If it is impractical to examine the goods on delivery, the delivery document must be clearly marked and signed for as unexamined and the reason why it was impractical, in this case any damage or missing components must be notified in writing to the company within 24 hours of delivery of the goods.
16. Returned Equipment
New goods cannot be returned except when previously agreed in advance, and subject to their return in the original condition. There is a 25% restocking charge on all returned items in addition, freight must be paid to our warehouse.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English Courts.