Terms & Conditions
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Terms of Sale:
Definitions
“Company” means Uk
Ball Machines,. Registered office: 6 Churchill crescent Fincham
Norfolk its permitted
assigns.
“Conditions” means
these terms and
conditions.
“Contract” means any
contract between the Company and the Customer for
the sale and purchase
of Supplies.
“Customer” means the
person(s) or company whose order for Supplies is
accepted by the
Company.
“Goods” means any
goods supplied or to be supplied by the Company to the
Customer.
“Services” means any
services supplied or to be supplied by the Company to
the Customer.
“Supplies” means any
Goods or Services.
“in writing” includes
electronic communications.
2. Conditions
All orders are
accepted by the Company subject to and in accordance with
these Conditions.
These Conditions override and exclude any terms or
conditions in or
referred to in any negotiations or course of dealing
between the Company
and the Customer or set out in the Customer’s standard
terms and conditions.
If there is any conflict between
• the other
provisions of this goods and these Conditions; or
• the provisions of
the order and these Conditions
these Conditions will
prevail unless the Company agrees otherwise in
writing. Together
with any terms accepted by the Company in connection with
an order, these
Conditions constitute the entire
agreement between the
Company and the Customer in relation to the Supplies
ordered. No variation
to these Conditions is permitted unless expressly
authorised in writing
by a director of the Company.
3. Prices
Prices for Supplies
are in £ sterling, exclusive of VAT, The Company has
used all reasonable
endeavours to ensure that the prices for the Supplies
applicable as at the
date of issue of these Conditions are accurately set
out in the product
lists but reserves the right to change its prices without
notice at any time.
Prices charged will be those prevailing when an order is
accepted. Where
Supplies are to be made in instalments (‘Scheduled
Delivery’) the price
payable for them will be that applicable at the time of
despatch of the first
batch of Supplies
4. Payment
The Company reserves
the right to charge for copy invoices or credit notes
at the rate of £1.00
per copy where the original has been lost or misplaced
by the Customer. If
legal action is taken to recover monies due to the
Company then the
Company reserves the right to charge the Customer statutory
compensation in
accordance with the Late Payment of Commercial Debts
Regulations 2002. The
statutory compensation shall become payable
immediately that
legal action is commenced, whether demanded or not and may
be claimed within the
legal action.
The Company reserves
the right where a customer pays for an order in
advance, to hold back
delivery of goods pending confirmation of cleared
funds in the
Company’s bank account. The Company will endeavour to
communicate this to
the Customer.
5. New accounts
A Customer wishing to
open a credit account must furnish such information as
may be requested by
the Company and the Company may make a search with a
credit reference
agency. The Company reserves the right in its absolute
discretion to grant,
refuse or discontinue any credit facilities or reduce
or suspend any credit
limit at any time.
6. Orders
The Company reserves
the right to decline to trade with any company or
person or to impose
reasonable conditions prior to accepting any order (such
as, by way of
example, the provision of a valid landline phone number or the
prior receipt of
cleared funds by the Company) where the Company considers
it reasonably
necessary for security or fraud prevention purposes.
To avoid duplication,
written confirmation of telephone orders must be
clearly marked
‘Confirmation only’. The Company will not accept liability
for orders not so
marked and duplicate orders will be charged accordingly.
Once accepted, no
order may be cancelled without the prior written agreement
of a director of the
Company.
Orders for Goods are
accepted by the Company by despatching the Goods
provided, however,
that despatch
will not be
acceptance where the price for the Supplies has been incorrectly
quoted or referenced
by the Customer in its order.
At the date of issue
of these Conditions the following Small Order Handling
Charges apply:
A. In relation to all
orders placed by account holding customers and by non
account customers
8. Inspection,
defects and non delivery
The Customer must
inspect the Supplies as soon as is reasonably practicable
after delivery or, in
the case of Services, performance and, the Company
shall not be liable
for any defect in the Supplies unless written notice is
given to the Company
within 7 days of such date.
The quantity of any consignment
of Goods, as recorded by the Company upon
despatch from the
Company’s place of business, shall be conclusive evidence
of the quantity
received by the Customer on delivery, unless the Customer
can provide
conclusive evidence to the contrary. The Company will not be
liable for any
non-delivery of Goods or non-performance of Services unless
written notice is
given to the Company within 5 days of the date when Goods
should have been
delivered or the Services performed in the ordinary course
of events., any
liability of the Company for non-delivery or non performance
or for Goods notified
as defective on delivery or Services notified as
defective following
performance in accordance with this Condition 8 will be
limited to replacing
the Goods or re-performing the Services within a
reasonable
time
9. Description
All specifications,
drawings, illustrations, descriptions and particulars of
weights, dimensions,
capacity or other details, including any statements as
to compliance with
legislation or regulation (together, “Descriptions”)
wherever they appear
(including without limitation on the web site, on
despatch notes,
invoices or packaging) are intended to give a general idea
of the Supplies, but
will not form part of the Contract. If the Descriptions
of any Goods differ
from the manufacturer’s description, the latter shall be
deemed to be correct.
The Company shall take all reasonable steps to ensure
the accuracy of
descriptions but relies on such information, if any, as may
have been provided to
it by its suppliers and accepts no liability in
contract or tort or
under statute or otherwise for any error or omission in
such detail whether
caused by the Company’s negligence or otherwise. The
Company may make
changes to the Supplies as part of a continuous programme
of improvement or to
comply with legislation.
Without prejudice to
this condition 11, Customers are recommended to check
the Company’s website
for the latest Descriptions of the Goods, in
particular (but
without limitation) with regard to statements regarding
RoHS.
10. Risk and
ownership
The risk of damage to
or loss of Goods will pass to the Customer
when the Goods are
unloaded from the
Company’s carriers at
the Customer’s premises. Ownership of the Goods shall
not pass to the
Customer until the Company has received in full (in cash or
cleared funds) all
sums due from the Customer to the Company on any account
whatsoever. Until
ownership passes to the Customer, the Customer must hold
the Goods on a
fiduciary basis as the Company’s bailee. If payment is not
received in full by
the due date, or the Customer passes a resolution for
winding up or a court
shall make an order to that effect, or a receiver is
appointed over any
assets or the undertaking of the Customer or an execution
or distress is levied
against the Customer, the Company shall be entitled,
without previous
notice, to retake possession of the Goods and for that
purpose to enter upon
any premises occupied or owned by the Customer.
This Catalogue
remains at all times the sole and exclusive property of the
Company.
11. Quality assurance
All Goods detailed in
the website have been processed in strict accordance
with standard quality
procedures unless indicated otherwise on the despatch
documentation.
Further details can
be obtained from contacting us
12. Performance and
fitness for purpose
Unless any
performance figures, tolerances or characteristics have been
specifically and
expressly warranted by a director of the Company in
writing, the Company
accepts no liability for any failure of the Supplies to
comply with such criteria,
whether attributable to the Company’s negligence
or otherwise. The
responsibility for ensuring that Supplies are sufficient
and suitable for a
particular purpose is the Customer’s, unless specifically
stated in writing by
a director of the Company. Any advice or recommendation
given by an employee
of the Company which is not confirmed in writing by a
director of the
Company is acted on entirely at the Customer’s risk and the
Company shall not be
liable for any such advice or recommendation which is
not so confirmed. The
liability of the Company to the Customer, should any
warranty, statement,
advice or recommendation confirmed in accordance
inaccurate or
misleading, will be limited to the refund of the price paid
for the Supplies or,
at the Company’s option, the supply of replacement
Supplies which are
sufficient and suitable.
13.
Warranty/Guarantee
The Company will
endeavour to transfer to the Customer the benefit of any
warranty or guarantee
given by the manufacturer of Goods.
Not all Goods are
supplied with a manufacturer’s or Company guarantee and
guarantees that may
be provided by manufacturers will vary in duration. It
is the
Customer’s
responsibility to check at
the time of purchase
as to the applicability of the Company’s guarantee
and/or the terms of
any manufacturer’s guarantee. Where the Company’s
guarantee is
provided, the Company will, free of charge, repair or, at the
Company’s option,
replace Goods or, in the case of Services, re-perform
Services which are proved
to the reasonable satisfaction of the Company to
be damaged or
defective due to faulty materials, workmanship or design. If
the Goods are found
by the Company not to be damaged or defective then the
Company will be
entitled to return the Goods to the Customer at the
Customer's sole
expense.
· This obligation
will not apply:
• if the defect
arises because the Customer has altered or repaired such
Goods without the
written consent of the Company;
• because the
Customer did not follow the
manufacturers’
instructions for storage, usage, installation, use or
maintenance of the
Goods;
• if the Customer has
failed to notify
the Company of any
defect where the defect should have been reasonably
apparent on
reasonable inspection; or
• if the Customer
fails to notify the Company of the defect within 7 days(or
such other period as
the Company shall specify at the time of acceptance of
the order for the
Supplies) of the date of despatch of the Goods or
performance of the
Services.
· The unit has been
installed and used correctly and in accordance with the
operating
instructions.
· The unit has been
used only with the specified power supply and the
correct balls. If the
incorrect voltage or balls have been used we have the
tools and experience
to detect this and if we find the machine has been
misused the guarantee
will become void!
· The unit has not
been tampered with or otherwise been subject to misuse,
fire, accident,
lightning, or negligence.
· The unit has not
been taken apart, modified or repaired except by a person
who is authorised by
us.
· The unit, if
replaced, shall become our property, as shall any defective
part replaced by us
or on our behalf.
· The unit is
returned promptly on being found defective.
· Any guarantee claim
in which the machine needs to be sent back to us, the
buyer will pay
postage charges; we will arrange and pay for redelivery if
the fault is covered
by the guarantee The unit is returned to us or
delivered to our
appointed representative in its original packing together
with proof of date of
purchase (in the form of a receipt or invoice/e-mail).
· This guarantee does
not cover accidental or consequential damage to the
machine; we have an
repair service available (all costs will be covered by
the customer)
Any replacement
Supplies made or Goods repaired will be guaranteed on these
terms for any
unexpired portion of the period of guarantee given on the
original Supplies.
Any Goods, which have been replaced, will belong to the
Company.
The
Customer grants to
the Company and its employees, agents and representatives
a right to enter onto
its premises to effect any repair or replacement The
Customer shall ensure
that the Company’s employees agents and
representatives are
provided with a safe and secure working environment
while at its premises
and the Customer shall be responsible for isolating
any computers or
processors requiring repair or replacement from its network
and for making
back-up copies of any information on such computers or
processors before the
Company’s arrival on site.
, This Condition is
the Company’s sole obligation and the Customer’s sole
remedy for defective
Supplies and is accepted by the Customer in
substitution for all
express or implied representations, conditions or
warranties, statutory
or otherwise, as to the satisfactory quality, fitness
for purpose or
performance of the Goods (or any materials used in connection
therewith) or the
standard of
workmanship of the
Services and all such representations, conditions and
warranties are
excluded.
14. Returns
No order can be
cancelled or accepted for credit without the prior written
agreement of the
Company. If cancellation/credit is accepted by the Company,
the Customer must
obtain a returns authorisation number from the Company
prior to returning
the Goods. Goods must then be returned, at the Customer’s
risk and expense, for
receipt by the Company within 7 days of their delivery
by the Company and
must be undamaged, in re-saleable condition and in
original packaging
(which shall include any of the Company’s outer
packaging). The
Customer should return the Goods to “6 Churchill crescent
Fincham Norfolk
PE339EU” quoting the Customer’s order number. The Customer
is responsible for
returning Goods to the Company and for providing proof of
delivery of such
return.
Certain Goods are
excluded from this right of return, including balls,
battery, which have
been
opened and specially
constructed items. Goods returned after 7 days as
‘unwanted’ ordered’
may at the discretion of the Company but will be subject
to a restocking fee
of 20% of the invoice value of the Goods.
Warranties are only
valid to the country where the goods where delivered at the point of sale.
Additional warranty
agreements are non-transferable.
Warranty only covers
domestic use of the machine, i.e. personal use or club associations, if the
machine is rented or leased to a 3rd party the warranty will be
limited and at our discretion
If any goods are
found to be faulty and require repair within 28 days of point of sale we will
cover shipping costs to and from KB Cricket 6 Churchill crescent, Fincham
Norfolk, pe339eu, after 28 days shipping to the above address will need to be
covered by the customer
The warranty does not
cover wear & tear from 6 months of the point of sale from excessive use
.i.e. the fly wheels.
Our decision on all
matters relating to guarantee claims shall be final.
15. Liability
(i) The Company does
not exclude its liability to the Customer:
• For breach of the
Company’s obligations under section 12 Sale of Goods Act
1979 or section 2
Sale and Supply of Goods and Services Act 1982;
• For personal injury
or death arising as a result of the Company’s
negligence;
• Under section 2(3)
Consumer Protection Act 1987;
• For breach of the
statutory implied conditions in sections 13,14 and 15 of
the Sale of Goods Act
1979 where the Customer deals as a ‘consumer’ as
defined in the Unfair
Contract Terms Act 1997;
• For any matter
which it would be illegal for the Company to
exclude or to attempt
to exclude its
liability; or
• For fraud,
including fraudulent misrepresentation
And nothing in these
Conditions shall affect the statutory rights of a
Customer who deals as
a consumer as defined in the Unfair Contracts Terms
Act 1997
(ii) Except as
provided in Conditions 8 (inspection, defects on delivery and
non-delivery), 14
(performance and fitness for purpose), 15 (Warranty and
Guarantee) and this
Condition 16 above, the Company will be under no
liability to the
Customer whatsoever (whether in contract, tort, (including
negligence), breach
of statutory duty, restitution or otherwise) for any
injury, death, damage
or direct or indirect or consequential loss (all of
which terms include,
without limitation, pure economic loss, loss of
profits, loss of
business, loss of use, loss of data, computer downtime,
depletion of
goodwill, business interruption, increased purchasing or
manufacturing costs,
loss of opportunity, loss of contracts and like loss)
howsoever caused or
arising out of or in connection with:
• Any of the
Supplies, or the manufacture, sale, performance, or supply or
failure or delay in
performance or supply of the Supplies by the Company or
on part of the
Company’s employees, agents or sub-contractors; • Any breach
by the Company of any
of the express or implied terms of the Contract;
• Any use made or
resale or on-supply of any of the Supplies or any product
incorporating any of
the Goods or developed using the Supplies;
• Any acts or
omissions of the Company at the Customer’s premises;
• Any statement made
or not made or advice given or not given by or on
behalf of the
Company; or
• Otherwise under the
Contract
And the Company
hereby excludes to the fullest extent permissible at law all
conditions,
warranties and stipulations, express (other than those set out
in these Conditions
or given in accordance with Condition 14) or implied,
statutory, customary
or otherwise which but for such exclusion, would or
might subsist in
favour of the Customer.
Save as set out in
condition 16(ii) the Company’s total liability in
contract, tort,
(including negligence), breach of statutory duty,
misrepresentation or
otherwise shall be limited to repairing or replacing
Goods or in the case
of Services, re-performing the Services or, at the
Company’s option,
refunding monies already paid in respect of the Supplies.
We accept no
responsibility for any damage to Property or harm to any person
or persons, that may
occur from the operation of a Squash hurricane
16. Intellectual
property rights
The Supplies in on
this website may be subject to the intellectual and
industrial property
rights including patents, know how, trademarks,
copyright, design
rights utility rights, database rights and or other rights
of third parties. No
right or licence is granted to the Customer, except the
right to use the
Supplies or re-sell the Goods in the Customer’s ordinary
course of business.
The Company shall have no liability whatsoever in the
event of any claim of
infringement of any such rights howsoever arising. In
particular, without
limiting the above, title in any software program
forming part of the
Goods is reserved to the Company and/or its suppliers.
The Customer is
responsible for informing itself of the terms of its licence
or use and paying any
royalty payable. Such programs may be used only with
the Goods.
The Company owns full
copyright in respect of this Catalogue and its
reproduction in whole
or part is prohibited without the
Company’s prior
written consent.
17. Use of personal
data
“Personal Data”
means, in relation to any Customer, or any representative of
a Customer who is (in
either case) a living individual, any data from which
(whether alone or in
combination with other information held by the Company)
the Company can
identify that Customer or that representative, regardless of
how and when that
data is provided. The Company may process Personal Data
for all purposes
contemplated in these Conditions or arising in the context
of the relationship
between the Company and the Customer including:
i. Deciding whether
to enter into any contract or arrangement with that
Customer. This may
include conducting credit reference searches, against a
Customer or its
representatives and the disclosure of information to the
relevant agency as to
how that Customer conducts its account and other anti
fraud or identity checks.
ii. Order fulfilment,
administration, customer services, profiling the
Customer’s
purchasing
preferences, and to help to review, develop and improve the
Company’s business
and the goods and services it offers;
iii. Direct marketing
of the Company’s products and services and/or of the
products and services
of other companies in the Premier Farnell Group or
third parties which
the Company believes may
be of interest to the
Customer or its representatives, whether by post, fax,
telephone, email,
SMS, MMS or otherwise to the extent that it is lawfully
able to do so;
iv. Development of
the Company’s business, including
its transfer to
another owner;
v.
Crime prevention or
detection.
The processing of the
Personal Data may involve:
i. The disclosure of
that Personal Data to the Company’s service providers
and agents;
ii. The disclosure of
that Personal Data to other companies in the Premier
Farnell Group whose
products and services the Company believes may be of
interest to that
Customer or representative;
iii. The disclosure
of that Personal Data to third parties whose products
and services the
Company believes may be of interest to that Customer or
representative;
iv.
The transfer of
Personal Data outside of the EEA, including to countries
whose laws may not
provide adequate protection to Personal Data. The Company
will only transfer
Personal Data outside the EEA to companies who have
guaranteed to the
Company the same level of protection as that Personal Data
would have received
in the UK.
If
18. Promotions
In the event that the
Company sends promotional material to the Customer in
relation to goods or
services available from the Company, these Conditions
shall apply to all
Supplies purchased from such material.
19. Distance selling
regulations
If the Customer is
buying as a ‘consumer’, as defined in The Consumer
Protection (Distance
Selling) Regulations 2000, the Customer may, provided
the Customer has
taken reasonable care of the Goods and returns the Goods
complete, undamaged,
and with their original packaging (including the
Company’s outer
packaging), return the Goods and be repaid the price paid in
respect of them
within 7 working days (excluding Saturday and Sunday and any
UK Bank Holiday) of
their delivery. To return Goods on this basis, the
Customer must notify
the Company in writing and return the Goods, in their
original packaging,
within the 7 day period to “6 Churchill crescent Fincham
Norfolk PE339EU “
quoting the Customer’s order number. Goods should be
returned first class
with proof of posting and the Customer is responsible
for the payment of
all postage costs. In respect of certain Goods the
Company may prefer to
arrange collection itself and, if requested, the
Customer will allow
the Company to collect the Goods and assist in the
arrangements for the
Goods’ collection. All reasonable costs of collection
will be borne by the
Customer. The Customer is responsible for the care and
custody of the Goods
pending return or collection. Following receipt of
Goods which comply
with this Condition , the Company will refund to the
Customer the price
paid in respect of the Goods. Minus 20% restocking fee
and possible charges
to repair damaged items
20. Country of origin
Unless otherwise
confirmed by the Company in writing, nothing in this
Catalogue is to be
taken as representation of the source of origin,
manufacturer or
production of the Goods or any part of them.
21. Trade counter
A Customer wishing to
collect Goods from the trade counter must do so within
5 working days of
arranging the collection.
22. Age requirements
for certain goods
Where the law
requires a minimum age for the purchase of certain Goods, the
Customer confirms
that he or she is over the required age and that delivery
of the Goods will be
accepted by a person over the relevant age limit.
23. Force majeure
The Company shall not
be liable to the Customer in any manner or be deemed
to be in breach of
these Conditions because of any delay in performing or
any failure to
perform any of the Company’s obligations under this Contract
if the delay or
failure was due to any cause beyond the Company’s reasonable
control (which shall
include, but not be limited to government actions, war,
fire, explosion,
flood, import or export regulations or embargoes, labour
disputes or inability
to obtain or a delay in obtaining supplies of Goods or
labour). The Company
may, at its option, delay the performance of, or cancel
the whole or any part
of a Contract.
24. Recording of
communications
The Company reserves
the right to monitor, intercept or record telephone
calls and may monitor
or intercept all email or other electronic
communications made
to its premises for training, security and quality
purposes. Customers
contacting KB Cricket or quoting KB Cricket part numbers
shall have been
deemed to have read and accepted this provision.
25. Legal
construction
All Contracts shall
be governed by and interpreted in accordance with
English law and the
Customer submits to the jurisdiction of the English
Courts, but the
Company may enforce such Contract in any court of competent
jurisdiction.
26. General
Any provision of
these Conditions of Supply which is held by any competent
authority to be
invalid, void, voidable, unenforceable or unreasonable (in
whole or in part)
shall to the extent of such invalidity, voidness,
voidability,
unenforceability or unreasonableness be deemed severable and
the other provisions
of these Conditions of Supply and the remainder of such
provision shall not
be affected. Failure by the Company to enforce or
partially enforce any
provision of these Conditions of Supply will not be
constrained as a
waiver of any rights under these Conditions of Supply.
The Company shall be
entitled, without the consent of or notice to the
Customer, to assign
the benefit, subject to the burden, of these Conditions
and/or any Contract
to any company in its group (as defined in section 53(1)
of the Companies Act
1989) at any time.
Except as set out in
Condition 16, the parties to the Contract do not intend
that any of its terms
will be enforceable by virtue of the Contracts (Rights
of
Third Parties) Act
1999 by any person not a party to it.