Definition

  1. The Buyer is the person who buys or agrees to buy goods from the seller.
  2. The “Seller” means  N.E. Fasteners Ltd registered in England and Wales with Company Number 1941690              whose registered premises is N.E. Fasteners Ltd, Unit 2+3 Waterfall Lane Trading Estate, Waterfall Lane, Cradley Heath. B64 6PU.
  3. Terms and Conditions means the Terms and Conditions of Sale set out here.
  4. Order means the contract between the seller and the buyer for the sale and purchase of goods in accordance with these Terms and Conditions.
  5. Goods means the goods or any part of them set out in the order.
  6. A reference to communication  includes faxes and e-mails.

 Contract

  1. These Terms and Conditions govern the sale of goods by the seller to the buyer. These Terms and Conditions constitute the entire and only agreement between the parties in relation thereto. The seller’s acceptance of the order by delivery of the goods constitutes a legally binding contract between the parties on these Terms and Conditions.
  2. All orders placed by the buyer are on the basis of these Terms and Conditions and are subject to acceptance by the seller by delivery of the goods to the buyer at which point a legally binding contract is constituted between the parties. The processing of payment and acknowledgment of the buyer’s order does not constitute legal acceptance of the order.
  3. These Terms and Conditions supersede all previous terms and conditions issued by the seller and the buyer agrees to be governed by them in all matters arising from the purchase of goods from the seller.
  4. The price payable for the goods is as set out on the seller’s website at the time the order is placed  plus any charges for carriage as set out on the seller’s website.
  5. The seller must receive payment for the whole of the price of the goods ordered, and any applicable charges for delivery, before the order can be accepted.
  6. On occasion, the prices payable of goods advertised on the seller’s website may differ from those prices offered over the phone or previously purchased.
  7. All prices quoted are subject to VAT at the prevailing rate on the date of dispatch.
  8. Occasionally an error may occur and goods may be incorrectly priced in which circumstances the seller will not be obliged to supply the goods at the incorrect price, but will inform the buyer of the correct valid price to enable the buyer to re-order.
  9. Unless the buyer selects the collection option at check out the seller will deliver the goods in accordance with the order. A valid signature will be required on collection or delivery.
  10. In the unlikely event that the buyer has not received all the goods within 72 hours of the expected date of delivery the buyer must notify the seller immediately.
  11. The seller will endeavor to deliver the goods in accordance with the order within the stated delivery time. In the unlikely event that the seller does not make the goods available to the buyer within 30 days of the order the seller will have the option of cancelling the order by notifying the buyer accordingly prior to delivery.  A valid signature will be required on collection or delivery. The seller reserves the right to choose to nominate the carrier. In the unlikely event that the buyer has not received all the goods within the stated delivery time, the buyer must notify the seller immediately.

Returns, Shortages, Damaged Goods and Cancellations

  1. The buyer may return faulty or damaged goods to us within 30 days without any handling charge, providing the goods are in a re-sellable condition.
  2. In the unlikely event of the order being supplied incomplete or goods arriving damaged in transit the buyer must notify the seller within 72 hours of delivery.
  3. The seller will refund by the same method of payment used to purchase the goods.
  4. The buyer may cancel its order by giving the seller notice of cancellation within 30 days of the date of delivery to the buyer or collection from our trade counter. Such notice may be given by phone, mail, fax or email.
  5. On cancellation for whatever reason, the buyer must return the goods to the seller at the buyer’s cost unless the seller agrees that the buyer may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty or incorrect and the seller cannot re supply, the seller will meet the cost of return and the seller can nominate the carrier.

Liability

  1. If the buyer has notified the seller of a problem with the goods within 30 days of delivery, the seller will either make good any shortage or non-delivery; replace any goods that are damaged or defective upon delivery; or refund to the buyer the amount paid by the buyer for the goods in question.
  2. Goods are intended for use in the UK only and the seller cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
  3. The seller will not be responsible to the buyer or, in the event that the buyer is undertaking work for another person for the use or installation of any goods by the buyer. Accordingly, if the buyer is a trade customer, the buyer agrees to hold the seller harmless, and indemnify the seller against any liability associated with, any claim or allegation that the seller is responsible for any failings in the installation or use of Goods that the seller supplies.

Termination

Force Majeure

  1. In the event that the Seller is prevented or delayed from carrying out its obligations under this agreement as a result of any cause beyond its control such as but not limited to acts of God, war, strikes, lockouts, flood and failure of third parties to deliver goods, the seller shall be relieved of its obligations and liabilities under such agreement for as long as such fulfillment is prevented.

Health and Safety

  1. By purchasing from the seller the buyer acknowledges that it is aware of all health and safety requirements pertaining to the products and their application.
  2. By purchasing from the seller the buyer assumes full liability for the consequences of its actions and acknowledges that the buyer is obliged to report any misuse or abuse of the sellers’ products and/or services.

General

  1. If any provision of these Terms and Conditions is invalid, illegal or unenforceable including any provision in which the Seller excludes its liability to the buyer that provision shall, to the extent required, be deemed to be deleted and the validity, legality or enforce ability of any other part of these Terms and Conditions will not be affected.
  2. This contract and any dispute or claim arising out of or in connection with it shall be governed by and interpreted in accordance with English law, the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
  3. These Terms and Conditions constitute the entire agreement between the parties. The buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the seller which is not set out in the order.
  4. A person who is not a party to the contract shall not have any rights under or in connection with it.
  5. The seller will retain and use the buyers personal data for the purpose of marketing and its administration in accordance with the Data Protection Act 1998 unless you notify the seller otherwise we may disclose your information to our service providers for these purposes.
  1. Photographs, layout and style are all considered the property of the seller. Reproduction in whole, or in part, is strictly prohibited without prior written permission of the seller. Quantities and measurements are approximate. All trademarks are acknowledged. Exact products may vary from those shown.