Terms & Conditions
1. Delivery & Risk
1.1 UK and EU deliveries are under INCO Terms DAP. Customer collections are INCO Terms Ex – Works (INCO Terms 2010).
1.2 If you are do not accept delivery and the carrier returns the package to us, then the cost of return and additional delivery back to you will be charged at the normal delivery rate.
Ownership of the products will not pass until we receive payment in full for them.
Full cleared payment must be made to us before we will dispatch the order. We may suspend dispatch of any order where payment for an earlier order is outstanding. All charges are to be paid by you so that we receive payment in pounds sterling that matches the figure on our invoice. Payment is to be made directly into our bank by card via our website. The charge for cancelling an order when payment has already been made is usually between 3% and 5%.
4.1 Subject to clauses 4.3 and 4.4, we warrant for twelve months from the date of the order that the products comply with their product description specifically identified on our website (“the product description”) and are free from defects in materials and manufacture. We shall replace product which does not comply with this warranty in the delivery of the next order or sooner by written agreement, provided that we are provided with reasonably satisfactory evidence that the product does not comply with its product description or is defective due to defective materials or manufacture in the form of either return of the defective product or images which satisfactorily prove such non-compliance or defect.
4.2 Our warranty under this clause 4 shall be in lieu of any warranty or condition implied by law as to quality or fitness for purpose and is our entire liability, arising from negligence, breach of contract and/or statutory duty, in respect of defective product.
4.3 The warranty shall not apply to any defects in the products due to failure to follow our written recommendations, including those upon our website, misuse or modification of the products, damage in transit, incorrect storage, or where the products labels have been removed or defaced.
4.4 We do not warrant:
a) the colours of the products will be identical to that which is illustrated on our website or the product labels; such colours can only be an approximation; or
b) the colours of items of product labelled as the same colour will be identical; batches can vary;
c) the performance of the products will necessarily be consistent between batches; or
d) the products will be fit for any particular purpose other than as identified in their product description.
a) This clause 5, clause 1.1 and clause 4.2 set out our entire liability under and/or in connection with the order in respect of breach of contract or statutory duty, representations, statements or tortious acts or omissions including negligence.
b) We shall not be liable for (whether direct or indirect) any loss or contracts, profits, revenue, goodwill, business, use of the products or consequential losses, nor for any indirect losses.
c) Our liability for late delivery shall be limited to that which is recovered by us from the carrier.
d) Our liability (which is not otherwise limited or wholly excluded in these terms and conditions) shall not exceed the order value.
e) Nothing in our order shall limit or exclude our liability for fraud, or death or personal injury due to our negligence.
f) This clause 5 shall apply before and after any termination of the order.
g) Each of these sub clauses a. – g. on liability shall survive independently.
8. Links To Other Sites
Our web site may contain links to other sites from time to time. We are not responsible for the privacy practices of such other sites.
9. Intellectual Property and Branding
9.1 All intellectual property rights in the products remain vested in us.
9.2 The copyright in all documents supplied by us in connection with the orders remains our property and such documents shall not be used for any purpose other than that for which they are supplied.
9.3 You may not use our trademarks or branding except as expressly agreed in writing in connection with marketing and sale of the products. You shall not create and/or register any domain name or publish any web site using our trademarks or branding in whole or in part.
10.1 Either party may terminate an order by written notice:
a) if the other party fails to remedy a material breach of it within thirty days of written notice identifying the breach; and/or
b) if the other party:
i) proposes or passes a resolution for its winding up or, in the case of a limited liability partnership, proposes or determines that it will be wound up (save for the purpose of a solvent reconstruction or amalgamation);
ii) is subject to an order or notice issued by or a winding up petition presented to a court or other authority of competent jurisdiction for its winding up or striking off;
iii) enters administration or is the subject of an application for administration filed at any court or a notice of intention to appoint an administrator given by any person filed at any court;
iv) proposes, makes or is subject to, any form of voluntary arrangement or any form of composition (in each case, whether company, partnership or individual) with its creditors generally, an application to a court of competent jurisdiction for protection from its creditors generally or a scheme of arrangement under Part 26 Companies Act 2006 (save in the latter case for the purpose of a solvent reconstruction or amalgamation);
v) has a receiver or a provisional liquidator appointed over any of its assets, undertaking or income;
vi) threatens to or ceases to trade;
vii) is unable to pay its debts within the meaning of section 123, or 267 and 268 of Insolvency Act 1986;
viii) has any distraint, execution or other process levied or enforced on any of its property;
ix) is declared bankrupt or proceedings in respect of its bankruptcy are commenced; or
x) is the subject of anything analogous to the foregoing under the laws of any applicable jurisdiction.
10.2 Rights accrued at the date of any termination of the order, and clauses expressed or by their nature intended to continue in effect, shall survive any termination.
11. Force Majeure
We shall not be responsible for any failure or delay in the performance of our obligations under our contract due to any force majeure event including Act of God, Government Act, fire, explosion, embargo, terrorism, war, civil disturbance, accident, epidemics, pandemics, lightning damage, strikes, industrial dispute, or any other cause beyond our reasonable control, or the occurrence of any of the aforementioned force majeure events to our suppliers which result in their delay or failure to perform.
12. Third Parties
Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999 (or any amendments to or re-enactments of it) to enforce any provision of our contract.
Rights and obligations under an order may only be assigned or transferred with the prior written consent of the other party.
14. Entire Agreement
14.1 This order comprises the entire agreement between us and all prior written or oral agreements, representations or understandings and express or implied terms and conditions are excluded from this order.
14.2 Except as expressly set out in this order, you acknowledge that this order has not been entered into wholly or partly in reliance on, nor have you been given, any warranty, statement, promise or representation by or on behalf of us.
The parties agree that this order shall be construed in accordance with English law, without reference to its conflict of law principles. The parties agree that the English courts shall have exclusive jurisdiction in relation to all disputes under and/or in connection with this order.
Screen Products Ltd is a UK company, number 05975623. Screen products Ltd, Lytchett House, 13 Freeland Park, Lytchett Matravers, Dorset BH16 6FA, England. Screen Products Ltd has no retail shop for customers to visit.