Cottage Stores LLP (Including Koolbreeze)
TRADING TERMS AND CONDITIONS OF SALE
The following terms and conditions shall apply to all contracts for sale concluded by Cottage Stores LLP("CS") and shall not be varied by any conditions of purchase of the Customer ("the Customer") or otherwise unless expressly agreed in writing by CS.
In this contract the following terms are defined as follows:
a) "The Customer" :The person or entity to whom the Goods are sold by Cottage Stores LLP
b) " Trade Customer": a Customer who purchases the Goods from Cottage Stores LLP with the intention of reselling them or with the intention of using the equipment in business premises.
c) "Goods": The items being sold.
d) "Consumer": The eventual buyer of the Goods who purchases them with the intention of using them in domestic premises.
e) "Replaced Goods" means any product that it is intended be replaced by the Goods
2.1. CS will endeavour to supply the Goods on or before the delivery date but time of delivery shall not be of the essence of the contract.
2.2. Unless otherwise agreed in writing delivery must be made to the address of the Customer paying for the Goods.
2.3. Failure by the Customer to collect Goods 14 days after notification they are ready for collection will give CS the right either to store the Goods and charge for storage or to sell the Goods at the best possible price and to recover from the Customer the contract price less the proceeds of sale.
2.4. CS is not liable for delays in delivery or non-delivery owing to government direction, quota, and embargo.
2.5. The Customer will be charged for the cost of delivery to their premises, unless otherwise agreed.
2.6. Where delivery is specified over two or more shipments each payment instalment will be due within the agreed payment period following receipt of Goods.
2.7. All deliveries must be signed for and any damage to packaging or product identified on the delivery note. Claims for Goods damaged at time of delivery must also be reported to CS within 72 hours of delivery at which time a Return number will be issued by CS. No claims for damage at time of delivery will be entertained unless this procedure is followed.
2.8. Different products on the same order may be delivered separately.
3. PASSING OF TITLE
3.1. Ownership of Goods will remain with CS until all sums of money due to CS under the contract have been paid. At the time of final payment all legal rights and obligations in respect of the Goods shall pass to the Customer .
3.2. Until the Customer has paid all money due he will keep the Goods on a fiduciary basis, store them separately from his other Goods, attach to them an identification mark so they can be recognised and will not process them, amend them or merge them with other Goods, but keep them whole and intact.
3.3. The Customer may sell and deliver the Goods to a third party in the normal course of business until otherwise directed by CS or until the happening of any of the events in Clause 3.6 below but the proceeds of any such sale shall belong to CS and shall be held by the Customer in a separate account in trust for CS until all monies are paid.
3.4. At any time before payment of monies which are overdue, CS shall have the right after giving notice to retake possession of the Goods and for such purpose shall have the right to enter the Customer’s premises.
3.5. On receipt of a Notice from CS or on the happening of any events in Clause 3.6 below the Customer’s authority to sell the Goods shall be withdrawn and all Goods the property of CS shall be immediately delivered to the Company by the Customer.
3.6. The events referred to in Clause 3.3 and 3.5 are:-
(i) Appointment of a Receiver, Manager or Administrator or a CVA in relation to the Customer or notice of same
(ii) Arrangements by the Customer with his creditors
(iii) Customer ceasing trading
(iv) Petition or Resolution for winding up of the Customer or notice of same
(v) Act of bankruptcy by the Customer
(vi) If the Customer is insolvent
3.7. Sale of Goods to a Consumer (end user) is not permitted in any event until the Goods are paid for.
Risk in the Goods shall pass to the Customer on delivery at which time the Customer will insure for the full reinstatement value and produce evidence of any end insurance relating to the Goods belonging to the Company as trustee for the Company and in a separate account.
5. RETURNS POLICY - TRADE SALES
5.1. CS is deemed to have no knowledge of the particular purpose or market for which the Goods are required unless the contract so specifies. The Trade Customer is deemed to have purchased the Goods relying on his own knowledge and expertise after making due enquiry.
5.2 A Trade Customer who resells Goods to a Consumer acts entirely independently of CS. For the avoidance of doubt, the Trade Customer does not act on behalf of CS as an agent or in any other capacity.
5.3. CS does not accept responsibility for damaged Goods reported by the Consumer at the time of delivery unless CS has arranged direct delivery to the Consumer.
5.4. CS will only accept returns in respect of damaged Goods and warranty claims. Returns of damaged Goods will only be accepted providing the returns policy in section 2.7 above is followed.
5.5 A Trade Customer will bear the cost of returning any Goods damaged on delivery to the Consumer or proving to be faulty under warranty to the premises of CS, its repair agents or other premises specified by CS
5.6. CS may at its discretion agree to accept return of unopened and undamaged Goods in exchange for other Goods of equivalent value. However, the Trade Customer must bear the cost of delivery to CS and a re-stocking charge equivalent to 25% of the Goods value (ex VAT)
6.1. For the Hire Trade, the purchase price agreed between the Customer and CS is deemed to include a discount of 5% in lieu of a warranty. Once the product is put on hire or rent the warranty is nil and void.
6.2.1 Goods are sold with a 12 month manufacturers Warranty. Whilst CS will help the Customer to contact the manufacturer where possible, CS is not responsible for such warranties.
6.2.,2 CS provide the Customer with a 12 month ( or 2500 operational hours whichever is the shorter )parts and labour warranty on goods manufactured or imported by CS. This warranty is valid from the date of sale to the Consumer provided that if CS originally sold the goods to a Trade Customer, that the sale to the consumer takes place within 12 months of the sale by CS to the Trade Customer. For the avoidance of doubt the warranty will only be valid until 24 months after the original sale by CS to a Trade Customer.
6.3.1 In order to claim on the Warranty, the Customer or Consumer must be able produce the original sales document showing the name of the Consumer, the sale date and the serial number and model number of the unit on which warranty is claimed. In the event of a valid claim, CS will either replace or repair the unit at its discretion. If replacement is required, CS will provide a unit as near to the specification of the original unit as is practicable
6.3.2 To make a warranty claim, a consumer must first contact the Trade Customer from whom the unit was purchased. It is the responsibility of the Trade Customer to arrange the Return of the Goods to CS
6.3.3 Please contact CS prior to returning the product to obtain a Returns number. Your product cannot be accepted without this number.
E-mail: firstname.lastname@example.org Tel: 08456 522456
6.4 CS will undertake warranty repairs of Goods using repair agents but time will not be of the essence in completing any repair .
6.5 Any alteration, addition or amendment of the Goods or use of the Goods other than in the method described in the manual will invalidate the warranty. Using anything other than the approved accessories provided with the Goods for the purpose of exhausting air will invalidate the Warranty.
6.6 Any repair or alteration made to the Goods other than by a CS authorised repair agent will invalidate the warranty. Failure to have serviced the Goods in accordance with the manual will invalidate the warranty.
7. RETURNS POLICY - DIRECT CONSUMER SALES
It is the policy of CS not to sell to Consumers but instead to distribute its products via Resellers. This section therefore is only likely to apply in limited circumstances. In the event that CS does sell goods directly to a Consumer;
7.1. Consumers will have the rights due to them in law and in particular as set out in the Consumer Rights Act 2015
7.2. Under the distance selling regulations, you may return the item undamaged within 14 days
7.3 The expected life ofGoods imported or manufactured by CS is 3 years or 7500 operational hours (whichever comes sooner) but this will be subject to operating conditions and the unit may require replacement of some minor parts during that time ( eg water pump on an air conditioner) dependant on the environment in which it is operated. The unit must also be correctly serviced to achieve the expected life.
The Customer shall not be entitled to cancel the order or claim damages provided the total delivery is not less than 80% of the agreed quantity and shall pay pro rata for the quantity so delivered.
In respect of the Goods manufactured outside the UK the Customer shall pay for any increase in price due to a change in exchange rates or the cost of shipping and insurance between contract and delivery.
Where applicable value added tax or such other applicable sales tax will be added to the price at the tax point date.
All prices quoted are the price ex the premises of CS or its agents.. Delivery charges will be added.
10. DAMAGE AND PILFERAGE
10.1. If on receipt by the Customer, packages, crates or Goods are found to be damaged or parts missing the delivery note or receipt to carrier must be endorsed with full description of condition and claims must be notified to CS within 72 hours of delivery.
10.2. No claim will be considered after Goods have been cut up, treated, resold, shipped, processed, installed or merged with other Goods.
10.3. The Customer has a responsibility to inspect the Goods thoroughly on delivery.
Damaged or incomplete Goods must be returned in no worse condition than the condition on delivery and in the original packing.
Where the Customer signs for Goods this will be deemed to be delivery of Goods undamaged and with no pilferage unless the Customer specifies otherwise.
11. CANCELLATION OR AMMENDMENT OF ORDER
11.1. Cancellation by the Customer will not be allowed. CS may cancel the order if the Customer is subject to any of the conditions in clause 3.6. or in circumstances where the Customer's credit status is subject to doubt.
11.2. In the event that a specific model of Goods is not available(for whatever reason) CS may cancel the order for that specific model or invite the Customer to accept a mutually suitable substitute .
12. OVERDUE PAYMENT BY CUSTOMER
12.1. Payment shall be made in full within 30 days of delivery unless otherwise agreed in writing prior to contract except that new Customers will be required to make a deposit at time of Order.
12.2. Default in payment of any monies due shall entitle CS to suspend or cancel any undelivered portion of any order preserving all other rights.
12.3. On overdue accounts interest will be charged at 5% above clearing bank base rate from due date to date of payment.
12.4. Time is of the essence for payment.
12.5. CS may exercise a lien over other Goods belonging to the Customer where monies are due from the Customer.
13. CONSEQUENTIAL LOSS
CS shall not be liable to the Customer for any loss, injury or damage direct, incidental or consequential arising out of or caused by Goods supplied by CS or instruction books or other written guidance supplied with the Goods. Nor will it be responsible for any loss, injury or damage direct, incidental or consequential arising out of or caused by any delay in repairing or replacing faulty or damaged units .
14.Waste Electrical and Electronic Equipment Regulations 2006 (the “Regulations”)
14.1 The Trade Customer shall be responsible for the costs of collection, treatment, recovery and environmentally sound disposal of the Goods and Replaced Goods in accordance with the Regulations.
14.2 The Trade Customer shall not dispose of the Goods or the Replaced Goods other than in accordance with the Regulations.
14.3 The Trade Customer agrees to indemnify and keep indemnified CS from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by CS resulting from a breach of this clause.
14.4 A non-trade customer purchasing an appliance may wish to dispose of an old appliance of similar functionality. We contribute to a scheme that helps fund local councils to provide facilities for the return of such goods and you can take your item to such council facilities free of charge. Alternatively you can return an old appliance that forefils a similar function to our registered office within 28 days of you purchasing a new item and we will arrange for its disposal. However, you are responsible for the cost of returning it to us.
No person other than the duly authorised officers of CS has authority to bind CS or to make a contract.
16. FORCE MAJEURE
CS shall not be liable for any breach of this contract arising out of or in consequence of Fire, Storm, Impact, Explosion, Flood, War, Riot, Civil Commotion, Government Action or Direction, Strike, Lockout or Industrial Action or unforeseen circumstances affecting CS’ ability to carry on its business
In the event of dispute English Law shall apply and the parties shall submit to the jurisdiction of the Civil Courts.