Terms
Terms and Conditions of Business
1 Interpretation
1.1 In these conditions: "Buyer" means the person whose order for the Goods is accepted by the Seller in writing. "Goods" means any goods (including any instalment of the goods or any parts for them) offered for sale through this website. "Seller" means County Battery Services Limited (registered number 3203678) whose registered office is at Unit F4, Field Industrial Estate,
1.2 The headings in the Conditions are for convenience only and shall not affect their interpretation.
2 Basis of the
2.2 The Contract will be on these Conditions to the exclusion of any other terms and conditions. No other statement, written or oral, including statements in any brochure, literature or website of the Seller, shall be incorporated into the contract or have any legal effect.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by an authorised representative of the Seller in Writing. In entering the Contract the Buyer acknowledges that he/it does not rely on any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the seller or its employees or agents to the Buyer or his/its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by an authorised representative of the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Whilst it is the Seller's intention to keep this website up to date and error free, product description or pricing errors may occur. If the Seller discovers such an error after receiving an order from the Buyer, it will contact the Buyer prior to accepting the order with the correct details. The Buyer may then either cancel the order or re-confirm it based on the correct information. If the Seller is unable to contact the Buyer, it will treat the order as cancelled.
3 Orders and Specifications
3.1 Each order for Goods by the buyer shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
3.2 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until the Seller despatches the Goods to the Buyer. An acknowledgement of order does not constitute an acceptance of it.
3.3 The Buyer shall be responsible to the Seller for the ensuring the accuracy of the terms of any order submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with it terms.
3.4 The quantity, quality and description of and any specification for the Goods shall be those set out in the Buyer's order (if accepted by the Seller).
3.5 The Seller reserves the right to make any changes in the specification of the Goods which are required to
conform with any applicable laws or regulations or, which do not materially affect their quality or performance.
3.6 Subject to Clause 3.7 below, the Contract may not be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages. charges and expenses incurred by the Seller as a result of cancellation.
3.7 If the Buyer is a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), then despite clause 3.6 it is entitled to cancel any order for the Goods at any time up to fourteen [14] working days after their receipt by emailing the Seller or by telephone on 01623727819. (The Buyer may also use the template cancellation form which can be found, although this is not compulsory. If the Buyer uses this option, the Seller will send the Buyer an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.). If the Buyer cancels its order for the Goods, the Buyer's payment will be refunded in full by the same method by which it was received, (although the Seller may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by the Seller for example, if the Goods have used. Where cancellation takes place after the Goods have been dispatched to the Buyer, the Buyer must then either return them to the Seller at the Buyer's expense (unused, in perfect condition and in their original packaging, accompanied by proof of purchase), or take such other action in relation to them as the Seller reasonably requests, in each case within fourteen [14] working days of receipt. (Buyers are advised to return any Goods via an insured delivery service as the Seller cannot accept responsibility for any Goods lost or damaged in transit.)
4. Price of the Goods
4.1. Subject to Clause 2.6 above, the price of the Goods shall be the Seller's quoted price. However, the Seller reserves the right. by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation. any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested hr the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
5. Terms of Payment
5.1. The Buyer shall pay the price of the Goods at the time of placing the order for the Goods and the Seller shall be under no obligation to accept the order or make delivery of the Goods until such payment is received in cleared funds.
6. Delivery.
6.1 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing.
6.2 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market at the date of the breach of the Contract by the Seller) of similar goods to replace those not delivered over the price of the Goods.
6.3 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then without prejudice to any rights or remedies of the Seller: 6.3.1 risk in the Goods will pass to the Buyer; 6.3.2 the Goods will be deemed to have been delivered; and 6.7.3 the Seller may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
7. Warranties and Liability
7.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with any specification given at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire.
7.2. The Warranty is given by the Seller subject to the following conditions: 7.2.1 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller's or manufacturer's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval in writing; 7.2.2 the Warranty does not extend to goods or parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
7.3 Where the Seller is not the manufacturer of the Goods, the Seller will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller.
7.4 The Seller shall not be liable for a breach of the Warranty unless: 7.4.1 the Buyer gives written notice of the defect to the Seller within [7] days of the time when the Buyer discovers or ought to have discovered the defect; and 7.4.2 the Seller is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller's place of business at the Buyer's cost for the examination to take place there.
7.5 Subject to clauses 7.2 and 7.4, if any of the Goods do not conform with the Warranty the Seller shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Seller so requests, the Buyer shall at the Buyer's expense, return the goods or part of such Goods which is defective to the Seller.
7.6 If the Seller complies with clause 7.5 it shall have no further liability for a breach of the Warranty in respect of such Goods.
7.7 Any Goods replaced will belong to the Seller and any repaired or replacement Goods will he warranted on the terms of this clause 7 for the unexpired portion of the 12 month period or the manufacturers warranty as the case may be.
7.8 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Seller shall have no liability for any defect in the quality of the Goods or their failure to comply with any description or sample given to the Buyer or be fit for any purpose and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.9 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
7.10 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise). costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
7.11 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control: 7.11.1 act of God, explosion, flood, tempest, fire or accident: 7.11.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition: 7.11.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; 7.11.4 import or export regulations or embargoes; 7.11.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); 7.11.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; 7.11.7 power failure or breakdown in machinery.
8. General.
8.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
8.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
8.4 The Contract shall be governed by the laws of
VAT is included in all prices shown
