TERMS & CONDITIONS
1. About us
1.1 Company details. BOB ELLIOT & CO LIMITED (company number 03620794) (we and us), is a company registered in England and Wales and our registered office is at Unit C4 Binary Court, Matrix Park, Western Avenue, Buckshaw Village, Chorley PR7 7NB.. Our main trading address is Unit C4 Binary Court, Matrix Park, Western Avenue, Buckshaw Village, Chorley PR7 7NB. Our VAT number is 407112889. We operate the website www.bob-elliot.co.uk.
1.2 Contacting us. To contact us telephone our customer service team at 01772 459887 or email sales@bob-elliot.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 14.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms for future reference.
2.5 Warranty. You warrant that you are not a consumer and that you purchase Goods for onward sale in the course of your business.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an order confirmation email from us acknowledging that we have received it and detailing it. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email (which will have attached our invoice and the customer trading number issued by the delivery company) to you to accept it, at which point the Contract between you and us will come into existence.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email or by telephone and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3.6 Out of stock Goods. When you place an order through our website you will be informed whether or not the Goods are in stock. If Goods are not in stock your order will be placed on back order and will remain so until the products are received by us or until 2 months after the date of the initial order.
4. Goods and Our Goods
4.1 We supply Goods (including wheels) manufactured by others (Goods) and wheels manufactured by us (Our Goods).
4.2 Your Goods are Goods and/or Our Goods which you have agreed to purchase and we have agreed to sell in accordance with these terms and conditions.
4.3 The images of the Goods and Our Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.4 Whilst reasonable care has been taken in compiling our literature and Goods information we will not be liable for any errors or inaccuracies. All samples, drawings, descriptive matter, specifications, descriptions, advertising and illustrations contained in our literature and website are issued or published for the sole purpose of giving an approximate representations of the Goods. They shall not form part of the contract and this is not a sale by sample.
4.5 The packaging of your Goods and Our Goods may vary from that shown on images on our site.
4.6 We reserve the right to amend the specification of the Goods in our price list without prior notification and if required by any applicable statutory or regulatory requirement.
5. Return and refund
5.1 Goods for return and faulty items must be notified to us within 3 days of delivery. You must complete the Returns form specifying the reason for return. Goods must be clearly labelled with the reason for return. Goods may only be returned for the following reasons: (i) a manufacturer’s defect; or (ii) a warranty claim; or (iii) at our discretion, unwanted stock. All returned Goods will be inspected by us. Goods regarded as defective or faulty will be replaced or credited. No credit or replacement will be made in respect of Goods listed at clause 5.3 (b), (c) and (d).
5.2 You may cancel the Contract and receive a refund, if you notify us as set out in clause 5.4 of your decision to cancel the Contract.
5.3 However, this cancellation right does not apply in the case of:
(a) any Goods which have been dispatched from our premises
(b) any Goods without the original packaging or which show signs of use or bespoke manufactured goods (wheels); or
(c) any Goods which become mixed inseparably with other items after their delivery; or
(d) any Goods returned more than 6 months after date of purchase.
5.4 To cancel the Contract, you must notify us by email at www.bob-elliot.co.uk before dispatch of the Goods. We will email you to confirm we have received your cancellation.
5.5 If you have returned the Goods to us under clause 5.2 (and are not excluded by clause 5.3) because they are faulty or mis-described, we will refund the price of the Goods and, after inspection of the Goods following their return to us and confirmation that we regard them as defective or faulty, will refund you on the credit card or debit card used by you to pay. Any unwanted stock, if accepted by us, will be subject to a restocking charge of 10% of trade sale value.
6. Delivery, transfer of risk and title
6.1 You will select your delivery date from the options available via our website. Goods will be delivered by courier and you will be supplied a tracking number to follow your delivery when we accept your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 (Events outside our control) for our responsibilities when this happens.
6.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
6.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.
6.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.5 If you fail to take delivery within 3 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
6.6 If the Goods are delivered in part or damaged you must notify us within 3 working days. A Claim for non-delivery must be notified by email to sales@bob-elliot.co.uk or by telephone to 01772 459887 within 5 working days of issue of the invoice relating to such Goods.
6.7 Title to the Goods shall not pass to you until the earlier of:
(a) we receives payment in full (in cash or cleared funds) for the Goods and any other goods that we have supplied to you in which case title to the Goods shall pass at the time of payment of all such sums; and
(b) you re-sell the Goods, in which case title to the Goods shall pass to you immediately before the time at which the re-sale by you occurs.
6.8 Until title to the Goods has passed to you, you shall:
(a) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify us immediately if you become subject to any of the events listed in clause 13.1(c), (d) or (e); and
(e) give us such information relating to the Goods as we may require from time to time.
6.9 If before title to the Goods passes to you you become subject to any of the events listed in clause 13.1(c), (d) or (e) then, without limiting any other right or remedy we may have:
(a) Your right to re-sell the Goods or use them in the ordinary course of its business ceases immediately; and
(b) We may at any time:
(i) require you to deliver up all Goods in your possession that have not been re-sold, or irrevocably incorporated into another product; and
(ii) if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them
You shall upon request by us immediately return such goods to us and you hereby irrevocably authorise us or our representatives to enter into your premises to collect such goods.
6.10 You shall not pledge or in way charge by way of security for any indebtedness any of the Goods, which are our property. Without prejudice to the other rights we may have, if you do so all sums whatever owing by you to us shall immediately become due and payable.
7. No international delivery
7.1 Unfortunately, we do not deliver to addresses outside the UK.
7.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
8. Price of goods and delivery charges
8.1 Subject to clause 8.2 the prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed. Goods will be invoiced at the prices prevailing at the date of invoice.
8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page as set out on our website www.bob-elliot.co.uk/shippingbands.php.
8.5 We sell a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
(b) if the Goods' correct price is higher than the price stated on our site, we will contact you in writing or by telephone as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
9. How to pay
9.1 Payment terms are nett 30 days from our invoice date.
9.2 You can pay for Goods using a debit card or credit card. We accept most cards: Please refer to our website www.bob-elliot.co.uk for our full list of acceptable cards.
9.3 At our discretion we may require payment for the Goods and all applicable delivery charges in advance. We will not charge your debit card or credit card until we dispatch your Goods.
9.4 We reserve the right to withhold delivery of Goods until all outstanding invoices are paid.
9.5 The costs we incur in receiving any monies must be paid by you.
10. Manufacturer's guarantee
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
11. Our warranty for the goods
11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
11.2 We provide a warranty that on delivery and for a period of 12 months from delivery, Our Goods shall:
(a) subject to clause 3, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
11.3 Subject to clause 11.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) if we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
11.4 We will not be liable for breach of the warranty set out in clause 11.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 11.3;
(b) you alter or repair the Goods without our written consent;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(d) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements
(e) the manufacturer rejects the warranty claim, for whatever reason.
11.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause11. If a warranty claim is approved by us or by the manufacturer the postage cost of returning the Goods to us may be refunded.
11.6 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.
11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. Our liability: your attention is particularly drawn to this clause
12.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
12.2 Subject to clause 12.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss of business opportunity; or
(c) loss of anticipated savings; or
(d) loss of goodwill; or
(e) any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods.
12.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
13. Termination
13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 working days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(f) we will contact you as soon as reasonably possible to notify you; and
(g) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
15.1 When we refer to "in writing" in these Terms, this includes email.
15.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. General
16.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
