Terms & Conditions

Application

1. The following terms and conditions, as varied from time to time by us, will govern all contracts we make for supply of goods and/or services unless otherwise specifically agreed by us in writing and shall prevail to the exclusion of any other terms that the buyer may seek to impose or incorporate, or which are implied by trade custom practice or course of dealing.

Placing Orders

2. Please phone in your orders on +44 (0) 1394 447090 and/or submit orders by email to customer.care@stalsen.com. By placing an order with us, the buyer agrees to these terms and conditions.

3. Orders should be placed in case quantities or pack quantities. Our case and pack quantities can be found on our price list. Orders placed in pack quantities will incur a surcharge of 15%.

Delivery

4. Orders valued at £300.00 (net) and over are carriage free and otherwise are liable to a small delivery charge of £7.95 net.

5. Although prompt delivery is our aim, any quoted delivery dates should be treated as estimates only and are not of the essence of the contract.

Payment

6. Payment is due on presentation of invoice or (in the case of approved accounts only) per the agreed terms of the approved account. Invoices and statements will be sent electronically.

7. Payment should preferably be made electronically direct to our bank details below.

8. Returned or re-presented cheques will incur a charge of £25 per re-presentation.

9. We shall be entitled to charge interest at the rate of 5% per calendar month (or part of a month) on all overdue sums, and such interest will remain payable after any court judgment. Additionally, the buyer must reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

10. Payment shall be made in full without any deduction or withholding other than as required by law and the buyer shall not be entitled to assert any credit, set off or counterclaim against us in order to justify withholding payment in whole or in part of any amount due.

Reservation of title to goods until payment

11. Although the risk of damage or loss to the goods shall pass to the buyer immediately upon delivery, the ownership of the goods shall not pass to the buyer until they have been paid for in full and until any other sums which are due from the buyer to the seller have also been paid in full. In the meantime, the buyer shall hold the goods as bailee and trustee for the seller and shall return them to the seller upon request and, if the buyer fails to do so, the seller may enter the premises of the buyer to repossess the goods.

12. Unless the contrary is proved it shall be assumed that the buyer has sold or otherwise parted with possession of goods delivered by us in the same order as they were delivered, i.e. first in, first out.

13. If the buyer is in breach of payment terms, or any obligations set out by these Terms and Conditions, the buyer’s account may be placed on hold resulting in any further deliveries being suspended and any outstanding orders may be cancelled without any liability being incurred on our part.

Return of goods for credit

14. Items correctly supplied against a firm order may not be returned for credit without our prior agreement, which must be obtained within 14 days of receipt of goods by the buyer. Goods returned for credit must include the invoice number and buyer’s purchase order reference on which they were purchased, before any credit note can be issued.

15. Goods purchased in case quantities must be returned in case quantities. Goods purchased in other quantities must be returned in pack quantities. Our case and pack quantities can be found on our price list.

16. Goods returned will incur a 15% handling charge. No carriage charge will be re-credited or reimbursed.

17. For returns to be accepted by us, goods returned must be in fully resaleable condition and any packaging must be intact and unmarked. A credit note will be issued at the point of acceptance only.

Shortages or non-delivery

18. Written notification must be received by us within 7 days of delivery for shortages or for damaged or defective product and within 20 days of invoice for non-delivery.

Responsibility as to fitness for purpose

19. Notwithstanding any advice that we may give, it remains the buyer’s responsibility to satisfy himself as to the fitness of the goods for any particular purpose and the goods are sold without any warranty, express or implied, as to their fitness for any particular purpose.

Liability

20. Our liability in respect of defective goods shall be restricted to defects notified in accordance with condition 14 above and in any event shall (except in the case of death or personal injury caused by our negligence) be limited to refunding that part of the purchase price which relates to the defective goods.

21. Under no circumstances shall we be liable to the buyer for any indirect or consequential loss or damage whatsoever arising under or in relation to these Terms and Conditions whether arising from breach of contract, misrepresentation (whether tortious or statutory) tort (including but not limited to negligence, breach of statutory duty or otherwise) even if we were aware of the possibility that such loss or damage might be incurred by the buyer.

Samples

22. Where orders are placed by a customer in reliance upon samples provided by us, we shall endeavour to ensure that the goods comply with the quality and dimensions of the sample, but no responsibility can be accepted for discrepancies between samples and the goods delivered.

Revision of prices and specifications

23. We will maintain prices as long as possible, but they may be altered without notice. Goods will be invoiced at prices ruling at date of despatch.

24. In line with our policy of progressive development of our product ranges, we reserve the right to alter specifications without prior notice.

Bulk purchase pricing

25. Bulk purchase pricing may be available upon application and subject to agreement.

Intellectual Property

26. All intellectual property rights in any items created by or provided by us are our sole property to the fullest extent permitted by law. This includes, without limitation, trademarks, copyright, inventions, designs, catalogues, literature, electronic processes and any other intellectual or industrial property rights of any kind.

Value Added Tax

27. Prices are subject to VAT at standard rate, where applicable.

Third party rights excluded

28. The Contracts (Rights of Third Parties) Act 1999 shall not apply.

Data Protection Consent

29. If the buyer is a sole trader or partnership, you agree that any personal data you provide to us may be passed to our credit insurers, reference agencies and information providers, insurance companies, intermediaries and agents and they may keep a record of it and pass it to their customers. The personal data will be used for credit risk assessment and insurance and other related purposes and we may also receive personal data from sources other than you.

Severability and Jurisdiction

30. If any of the foregoing Terms and Conditions or part thereof shall be found to be illegal or unenforceable it shall be severed and the remainder of these Terms and Conditions shall continue in full force and effect.

31. The contract of which these Terms and Conditions form part shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.