TERMS AND CONDITIONS

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1. Definitions
1.1 "Framers" means Framers Equipment Ltd also referred to as "we" or "us" within these terms & conditions.
1.2 "Catalogue" means the catalogue of products and services that can be provided by Framers
1.3 "Working days" means normal business days in England excluding all public and bank holidays
1.4 "Customer" means any person or organisation that requires the provision of goods and/or services from Framers
1.5 "Manifest" error is a mistake of greater than 10%
2 Conditions of Sale
2.1 All goods and/or services provided by Framers shall be deemed to be provided under these terms and conditions which shall prevail and take precedence over any other terms and conditions from the customer.
2.2 The contract of sale is formed at the point where Framers acknowledge the customers order. In many cases orders are despatched on the same day so cancellation is not accepted in business to business transactions.
2.3 The prices shown in the catalogue are a general guide in Sterling currency and we reserve the right to change prices from time to time. Confirmed prices will be given at the time of order placement.
2.4 All orders are subject to acceptance by Framers and to the availability of the goods or services. We reserve the right to refuse any order without the need to justify that refusal.
2.5 When entering into any order/sales transaction with us the customer assures us that:
2.5.1 they are empowered to place such an order.
2.5.2 the debit or credit card offered is either a personal card or a company card and that they are authorised to use it and that there are sufficient funds or credit facilities to cover the price of the transaction. Framers reserve the right to obtain validation of such cards before providing the goods or services to the customer.
2.6 There is no express or implied warranty that any item supplied by us is fit for a particular or specific purpose. The Customer is responsible for ascertaining whether a specific product is suitable for the use intended or required purpose.
3 Payment
3.1 VAT is applicable and chargeable by law on all goods, services and carriage payments at the current rate (17.5%)
3.2 Our standard terms of payment are 30 calendar days from the date of the invoice and these terms may not be varied unless agreed in writing.
3.3 In the event of late payment we will be entitled to reparation in accordance with the Late Payment of Commercial Debt (Interest) Terms Act of 1998 as modified in 2002. The interest due and payable on the outstanding amount will be calculated on a daily basis at a rate 8% above that of the current base lending rate of our bank. In addition, we reserve the right to recover in full any additional costs incurred in the pursuit of such late payments.
4 Method of payment
4.1 Cheques should be made payable to "Framers Equipment Ltd".
4.2 Also, payment made be made by credit or debit card subject to validation in accordance with clause 2.5.2 herein and upon the Customer furnishing us with any issue number, start date, end date and authorisation code as requested by us.
4.3 Bank transfers may be made to "Framers Equipment Ltd, Barclays Bank plc, 65 High Street, Daventry, Northants, Sort Code 20-73-48, Account Number -60475904. Swift Code BARCGB22.
4.4 Open Account - Subject to approval you could open an account with us. Payment on all accounts in due and payable within 30 calendar days of the date of the invoice.
4.5 All invoices and payments will be in UK Pounds Sterling currency unless varied in writing by Framers.
5 Product Specifications and Manufacturers
5.1 We will make all reasonable efforts to ensure that we supply the goods as advertised in our catalogue but reserve the right to make minor changes in specification to fulfil the order.
5.2 If we are unable to provide the goods or make of goods we reserve the right to offer an equal or superior alternative at no extra charge. If that is not acceptable the Customer may cancel the order and receive a refund of the price paid. This is the full and sole remedy in these circumstances.
6 Carriage and Delivery
6.1 We aim to deliver goods to you in the most efficient and cost effective manner. Our charges for delivery in the UK mainland are:
6.1.1 Goods priced at £150 and over - Carriage paid
6.1.2 Goods priced below £150:
6.1.2.1 Next day delivery - £10.50
6.1.2.2 Three day delivery - £9.50
6.2 Charges for delivery to Ireland, Channel Islands, Isle of Man & Isle of Wight
6.2.1 Goods Priced at £200 and over Carriage paid
6.2.2 Goods priced under £200 - £POA
6.3 The stated delivery date is an estimate and we accept no liability for failure to deliver within that estimated.
6.4 If we are unable to deliver an order within 30 calendar days of the order date, the Customer is entitled to cancel the order and receive a refund of any monies paid to Framers. Cancellation requires formal written notification from the Customer after 30 calendar days has expired but before the despatch of the goods.
6.5 We are unable to accept any liability for shortages in orders unless the Customer advises us in writing within 7 calendar days of the delivery of the goods.
6.6 The Customer shall take delivery of the goods

when they are available for delivery. If the Customer is not able to do so we reserve the right to place the goods in storage and insure them.The Customer will pay all such costs.
6.7 Delivery is deemed to have taken place when the goods are delivered to the address nominated by the Customer when placing the order. In the event that the Customer wishes to advise non-delivery, this must be done in writing and within 21 calendar days of the invoice date.
7 Title and Risk
7.1 The title in goods does not transfer until and unless the goods have been paid for in full i.e. cleared funds are received by Framers.
7.2 Transfer of risk takes place when delivery is deemed to have occurred in accordance with Clause 6.7 herein whereupon and thereafter the risk of loss, damage, breakage, theft and all other loss shall pass to the Customer.
8 Framers' Liability
8.1 Framers does not accept liability under any circumstances for any consequential or indirect damage or loss howsoever caused and including but not limited to loss of profit, revenue, goodwill, damage to downstream or upstream trading relationships.
8.2 Framers' liability in respect of any and all other losses is limited to the refund of the invoiced amount provided that such sum has been paid.
8.3 Nothing expresses or inferred in this agreement shall limit our liability for death or injury caused by the negligence of Framers or its direct employees.
9 Health and Safety
9.1 In accordance with the provision of the Health and Safety at Work Act (1974) and the Consumer Protection Act (1987) we confirm that the goods that we provide as a distributor do not constitute a hazard to health and safety when:
9.1.1 used properly for the purpose for which they are designed and in accordance with the manufacturer's instructions
9.1.2 the Customer takes reasonable care, exercises reasonable judgement and takes normal precautions for the use of the specific product.
10 Returns Policy
10.1 In the event that any goods need to be returned to Framers e.g. rejected damaged goods or warranty claims the Customer is responsible for returning the goods complete with manufacturers packaging, written notification of defect and without delay to Framers. We will inspect the goods and providing we agree the Customer's assessment we will repair, or replace or refund at our discretion and refund carriage. However, if the goods are found to be damaged through abuse or misuse then we will accept no liability.
10.2 When returning goods, the risk for loss, further damage etc remains with the Customer who is advised to secure appropriate insurance cover that is applicable until the goods are delivered to our premises.
11 Errors & Omissions
11.1 Whilst making every effort to ensure that all descriptions and prices in our catalogue and website are both accurate and correct we reserve the right to rescind the contract in the case of serious or Manifest errors or omissions notwithstanding any previous actions on our part already accepting the Customer's order and/or receiving payment. In any of these events, our maximum liability will be limited to a refund of the price paid by the Customer conditional that we are in receipt of the Customer's payment. In the event of Manifest errors in pricing the Customer will entitled or obliged to purchase the goods at the correct price subject to our written confirmation of such manifest error.
12 General
12.1 Nothing in these Terms & Conditions affects your statutory consumer rights.
12.2 If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of this Agreement will not be impaired thereby.
12.3 The failure by any party to exercise any right or remedy provided for herein will not be deemed a waiver of any right or remedy hereunder. All waivers must be agreed in writing especially those in respect of alleged breaches.
12.4 This Agreement sets forth the entire understanding of the parties with respect to all transactions contemplated hereby and may not be modified or amended except in a writing executed by an officer of Framer's Equipment.
12.5 All notices required or permitted to be given by one party to the other under this Agreement shall be in writing and shall be deemed to have been duly given and received, (i) if transmitted by facsimile, on the date so transmitted, (ii) if sent by prepaid overnight express with a recognised reliable overnight delivery carrier, on the second business day immediately following the date on which it was so sent, (iii) if sent by prepaid Recorded Delivery Post, on the second business day immediately following the date on which it was so sent, in each case, to the parties at their respective addresses first set forth by them or to such other address as the party to receive the notice has designated by notice to the other party pursuant to this paragraph.
12.6 This Agreement shall be governed by and construed under the laws of England. The parties agree that all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting within England, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
12.7 Framers Equipment reserves the right to alter, change or amend these terms and conditions in any way and at any time without prior notice.



36 Charter Gate, Quarry Park Close, Moulton Park Industrial Estate, Northampton, NN3 6QB
Tel: 01604 790333   Fax: 01604 790810   Mobile: 07980 660240
Email: sales@framersequipment.co.uk

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Last page update: 1 Jan 2010