Terms & Conditions
TERMS AND CONDITIONS
Unit 1 St Hildas House
Snowdon Road
Middlesbrough TS2 1LP
Definitions
Conditions
These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
- The property/title both legal and equitable in the goods shall not pass to the Buyer until: The purchase price of the Goods has been paid for in full and Payment in full is made to the Seller of any sum which is at the date of the contract or may thereafter become due or owing from the Buyer to the Seller.
- From the time of delivery or collection the risk of any loss or damage or deterioration from whatever cause shall be borne by the Buyer.
- If the purchase price of the goods sold is not paid in full on the due date the Buyer shall exercise our statutory right to claim interest, compensation, and reasonable debt recovery costs under the late payment legislation.
- No return can be accepted without prior written approval and is subject to the goods being as “New” including original packaging. There is a 35% restocking charge on all returned items. In addition, freight must be prepaid to our warehouse. Returns will not be accepted after 28 days of delivery date.
- Orders cancelled or changed for non-stock items ordered specifically at the buyer’s request are subject to a 75% restocking charge.
- The Seller shall not in any circumstances be liable for any failure or delay in delivery and or consequential loss incurred on the goods delivered howsoever caused.
- The Seller cannot be held responsible for any consequential loss in respect of breakdown or malfunction of any appliance or component, howsoever caused.
- All prices do not include VAT at current UK rate. Prices do not include installation.
- The Buyer must check all goods on delivery before signing for them. The seller accepts no responsibility whatsoever for shortages or damaged goods will be accepted once signed for. Signing “Unchecked” or similar will be considered as accepted in good condition by the Buyer.
- The delivery service of any goods sold by SAMI & SONS, whether charged or provided free of charge, will not include offloading from the delivery vehicle. Delivery can be made at any time between 8.30 am and 6.00pm during the standard working week in accordance with the Sami & Sons delivery schedule.
When delivery charges are quoted to “UK mainland”, Sami & Sons UK reserves the right not to include the Highlands of Scotland. Carriage will be chargeable on all sales under £500. This charge can vary depending on the goods and delivery needs.
- The technical and aesthetic characteristics of the products shown in our catalogues or price lists maybe changed without notice.
- Any warranty is not effective if the purchaser has not paid for the goods in full.
- Warranty – Both Full & Parts (Trade Sales) warranties apply in the event of a mechanical breakdown. All equipment is guaranteed from date of delivery as regards manufacturing defects. Warranty periods and specifications vary across products.
Warranty Information
Full On-Site Warranty – Our Company will provide for diagnosing, replacing, and fitting free of charge, within the guarantee period, any parts that become defective. This will take place at the products working location.
Back to Base Warranty – Following a fault, the purchaser will be responsible for the cost and arrangement for the item to be returned to the Sami & Sons premises. Sami & Sons will carry out all necessary repairs and return the item to the customer free of charge. Full warranty will only be offered to UK mainland customers.
Parts Warranty – Our Company will provide for replacing, free of charge, within the guarantee period, any parts that result defective, upon return of the defective parts. Transport costs and fitting costs are the responsibility of the purchaser.
Installation Certificates – All gas equipment is supplied with an installation certificate. This must be filled out by the suitably qualified and registered engineer who installs the equipment and returned to Sami & Sons within 60 days of the goods delivery. Failure to return the installation certificate will result in any warranty, full or parts only, to be declared void.
Warranty does not cover:
- Glass, light bulbs, refractory material (i.e., stone baking tiles), drive belts, door seals and trim.
- Damage due to normal wear and deterioration of the equipment and of its accessories.
- Damage due to incorrect installation or insufficient maintenance.
- Equipment which has been modified by the purchaser.
- Damage to equipment which has been used for any purpose other than it was designed for.
- Damage or malfunction due to misuse or neglect.
Force Majeure
If either party to this Agreement is prevented or delayed in the performance of any of its respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.
For this Agreement “force majeure” shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions, or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:
- Strikes, lockouts, or other industrial action.
- Terrorism, civil commotion, riot, invasion, war threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, bad weather or other natural physical disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Political interference with the normal operations.
Survival of Causes of Action – The termination of this Agreement howsoever occurring shall not affect the rights and liabilities of the Seller already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.
Severability – If any provision of this Agreement is held invalid, illegal, or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement all continue in full force and effect as if this Agreement had been executed with the illegal or unenforceable provision eliminated.
Waiver – A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Variation – No variation of this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives). The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
Law and Jurisdiction – This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
The conditions of sale are governed with English Law.
UK WEEE Regulations
(SI2006/3289 Waste Electrical and Electronic Equipment Regulations 2006 as modified by any subsequent legislation).
Future WEEE
Sami & Sons sells its products either retaining the producer’s obligations under the WEEE regulations or with the customer taking on the responsibilities. In either case the customer must clearly state, in writing with order, which option he/she requires, the instruction will then be confirmed on the Sami & Sons invoice. If no instruction is given with order, then the responsibilities will pass to the customer. The customer accepts to disclose the details of this agreement to any subsequent purchaser of the equipment, as stated by the regulations.
Historic WEEE
The purchaser agrees to absolve Sami & Sons from its obligations under the UK WEEE regulations which require Sami & Sons to be responsible for financing the collection, treatment, recovery, and environmentally sound disposal of any product supplied before 13th August 2005, where a similar new product is being purchased.
SAMI & SONS will undertake the collection, treatment, recovery, and environmentally sound disposal of any product supplied before 13th August 2005 (or outside the scope of WEEE regulations) subject to payment of its current disposal fees.
21) Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in these Conditions shall limit or exclude the Seller’s liability for:
fraud or fraudulent misrepresentation breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or defective products under the Consumer Protection Act 1987 any matter in respect of which it would be unlawful for the Contractor to exclude or restrict liability
Subject to the above:
The Seller shall under no circumstances whatever be liable to the Buyer, 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 the Seller shall under no circumstances whatever be liable to the Buyer 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. After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. This clause 21 shall survive termination of the Contract.