Terms & Conditions
In these Terms and Conditions (Terms) the following words and phrases mean:
“the Buyer” means the person, firm or company who purchases the Goods from the Company
“the Company” means Toolorders
“Contract” means the Contract between Toolorders and the Buyer, which shall be deemed to incorporate these Terms
“Goods” means any Goods agreed in the Contract to be supplied by Toolorders to the Buyer
“Place of Delivery” means the place to which the Goods are to be delivered
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time to time.
2. The Contract
The Contract shall be on these Terms, to the exclusion of all other terms and conditions that are purported to be included or applied by the Buyer.
No Terms and Conditions contained in the confirmation of Order, purchase order or other document of the Buyer will form part of the Contract.
Unless otherwise agreed in writing, the Place of Delivery shall be the Buyer’s premises.
Toolorders will normally despatch Stock items within 24 hours of the order being received.
Toolorders will normally despatch Non-stock items within 48 hours of the order being received.
Toolorders normally have around 90% Stock availability.
Occasionally there may be a slightly longer delivery period. In this instance Toolorders will contact the Buyer to advise of anticipated delivery.
All orders are despatched on a 3 day national courier.
Orders paid for by cheque will only be despatched once the cheque has cleared.
Unless agreed differently, or unless an exact day of delivery is mutually decided, there will be no despatches on Saturdays, Sundays or public holidays. All deliveries, unless otherwise agreed, will be for delivery to the Great Britain mainland.
All orders will be confirmed by e-mail within 24 hours.
Telephone orders will be dealt with in the same manner above as internet orders.
4. Post and Packaging
Please see delivery
5. Inspection, Transit Delays and Non-delivery
The Buyer must inspect the Goods as soon as reasonably possible after delivery and shall, no later than 5 days from the date of delivery, give notice to Toolorders in writing of:
- Any defect in the Goods that is apparent on reasonable examination.
In this case Toolorders shall, at Toolorders discretion, arrange collection of the Goods and upon satisfactory examination issue a credit note. Goods must be available for return to Toolorders in their original packaging. In any event the Buyer must refuse parcels delivered to it in a damaged condition.
- Any shortfall in Goods delivered. In this case Toolorders shall, at its
discretion, deliver the undelivered Goods or issue a credit note for the undelivered Goods.
- Any orders not delivered in accordance with the order. In this case
Toolorders shall, at Toolorders discretion, replace the Goods.
The Buyer must notify Toolorders of any Goods invoiced but not delivered within 7 days of the invoice date, quoting the invoice number. The Buyer must notify Toolorders of any Non-delivery of either the products, or an invoice for them, within 7 days of the promised despatch date, Unless specified otherwise under “Delivery”, the Buyers exclusive remedy shall, at Toolorders sole discretion, be re-delivery of the Goods or refund or credit of the purchase price.
If the buyer fails to notify Toolorders within the appropriate period, as stated above, Toolorders shall have no liability whatsoever.
The remedies set out above are the Buyers exclusive remedies for non-delivery, late delivery or short delivery of Goods, or for apparent defects in the Goods, or delivery of Goods, not in accordance with the Order. Toolorders shall not be liable for any other losses, consequential or otherwise, arising from Non-delivery or late delivery.
6. Risk in and Ownership of Goods
Risk in the Goods shall pass to the Buyer on delivery.
The price for the Goods shall, unless otherwise agreed, be the price set out on the date of invoice in Toolorders price list. The price for the Goods shall be exclusive of all costs of carriage, and applicable VAT, which the Buyer shall pay in addition.
Payment in full, unless otherwise agreed, shall be made before delivery will commence. Payment shall not be deemed to have taken place until the receipt by Toolorders of cleared funds.
Toolorders warrants that if defects appear in the Goods due to faulty workmanship or materials, under proper use, it will replace or repair the Goods. If not explicitly expressed on the Toolorders website or Toolorders Product Guide, this warranty is subject to a claim made to Toolorders within 12 months of the invoice date. This warranty is also subject to the Goods, or parts to which the claim relates, being returned to Toolorders within that period suitably packaged, carriage paid and where relevant, in accordance with any particular instructions which Toolorders may have notified to the Buyer at the time of supply.
10. Warranty Returns
The Buyer may only return Goods under warranty to Toolorders, on the following conditions:
- The Buyer may only return Goods to Toolorders with the prior consent of Toolorders.
- Toolorders will e-mail to the Buyer a pre-filled Toolorders Returns Form, in respect of the products or parts, detailing the nature of any claimed defect.
- The Toolorders Returns Form together with the invoice or delivery note (if relevant) must be enclosed with the Goods.
Toolorders reserves the right to replace Goods with a new product of the same brand or with new Goods from another manufacturer where the Goods’ technical function, performance and quality can be seen as equivalent. Any products or parts that are returned to Toolorders shall become the property of Toolorders.
Save as expressly provided in these Terms and Conditions of sale, all implied Warranties, Terms and Conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law and Toolorders will not be liable to the Buyer for any loss of any kind whatsoever which arises out of the breach of implied Warranties, Terms or Conditions (statutory or otherwise) or breach any other duty of any kind imposed on Toolorders by operation of law.
11. Returns Policy
The Buyer may only return Goods to Toolorders, and receive a credit, on the following conditions:
- The Buyer may only return Goods to Toolorders for a credit with the prior consent of Toolorders. Toolorders retain the right to freely, and on strictly commercial grounds, decide whether to approve a return of Goods.
- Goods must be returned to Toolorders in their original condition and packaging and in a condition that will enable them to be immediately fit for re-sale. The Buyer must state the relevant Toolorders reference number and invoice details to Toolorders who will e-mail to the Buyer a pre-filled Toolorders Return Form, which must be enclosed with the returned Goods.
- If the Buyer does not quote the invoice details or the Toolorders reference numbers, as on the original despatch note, the credit will be based on the lowest sales price.
- For Goods returned due to Buyer error or no longer required, and returned in accordance with (1) – (3) above, a handling charge of 20% of the invoice value, subject to a £5.00 minimum, will be applied.
- Where the Buyer returns Goods to Toolorders not in accordance with (1) – (3) above (for example, in an unfit state) Toolorders will refuse delivery or may apply a handling charge that relates to the actual cost of reprocessing (subject to a minimum 20% of invoice value and £5.00 minimum).
This returns policy excludes Special Order Goods and calibrated goods.
All Goods are returned to Toolorders at cost to the Buyer and at the Buyers risk. Toolorders accepts no responsibility for any loss or damage to Goods returned or items received by Toolorders with Goods returned.
Goods should be returned to Toolorders adequately packed and despatched freight prepaid, clearly labelled to:
CUSTOMER RETURNS DEPARTMENT,
11 B Church Way,
12. Limitation of Liability
Toolorders liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed £2,000,000 and Toolorders shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
13. Force Majeure
If either party is subject to a Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These terms shall be governed by interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.