Page 137 - Bathroom Brochure
P. 137

Terms & Conditions                                                                                                                                                                                                        Goods back, in which case We will issue You with a credit note for       to Your Remedies set out in this Clause 10 and Your statutory rights     the Contract and fail to remedy that breach, all sums outstanding        TERMS & CONDITIONS
                                                                                                                                                                                                                          the purchase price less reasonable costs incurred up to the point of     relating to faulty or mis-described Goods.                               between You and Us shall become immediately due and payable and
Consumer Terms And Conditions Of Sale                                        2.1.8 ‘the Terms’ means these terms and conditions and any           information or instructions, but if You do not wish to pay the higher   Your cancellation. Goods to be returned must be delivered back to                                                                                 We shall be entitled to do any one or more of the following (without
                                                                             additional special terms agreed in writing between You and Us.       price, You may cancel Your order and claim a full refund.               Us at Your cost with proof of purchase and be in the same condition      10.2 If the Goods have a Defect at the time of sale and You have not     prejudice to any other right or remedy We may have):
1 ABOUT THESE TERMS AND OUTLINE CONTENTS                                                                                                                                                                                  that they were in at the time of purchase. We will be unable to          yet accepted the Goods, We will refund You in full. Where You have
                                                                         3 THE BASIS OF OUR AGREEMENT                                             4.11 Where You require delivery to be made, We may require You to       accept back Goods that were not held in stock and were especially        accepted the Goods, You lose the right to a refund. However You              13.1.1 require payment in cleared funds in advance of any
1.1 These terms and conditions relate to consumer sales only. These                                                                               pay a charge for the delivery of the Goods in addition to the price     ordered on Your behalf. This clause does not affect Your right to        retain the right to the Remedies.                                            further orders You may make;
terms only apply if You are a consumer. A consumer means any             3.1 These Terms apply to all Goods supplied by Us to You. Orders         and, if applicable, this charge will be quoted to You at the time of    return faulty or mis-described Goods.
natural person acting for purposes outside his/her trade, business       are only accepted under these Terms and they may not be altered or       contract.                                                                                                                                        10.3 If the Goods have a defect and You have accepted them, You              13.1.2 cancel or suspend any further deliveries to You under this
or profession. If You are acting in the course of Your trade, business   added to other than in accordance with clause 3.2.                                                                                               7.4 If You cancel the Contract when it has not been made at a            will be entitled to Remedies. We will not pay compensation for               or any other contract without liability on Our part to the extent
or profession please ask for a copy of Our business to business                                                                                   4.12 The price of the Goods and delivery charges are inclusive of       Distance and We have not agreed to take back the Goods You will          any consequential damage or any other indirect or consequential              that We have not already received payment in cleared funds;
terms of sale.                                                           3.2 In relation to the Contract We intend to rely upon these Terms       VAT unless VAT is shown as a separate element.                          be liable for the cost of the Goods and for the reasonable costs that    loss of any kind) resulting from use of the Defective Goods, where
                                                                         along with any written acceptance of an order placed by You as to                                                                                We have incurred in fulfilling Your order. If We have already accepted   such damage was not reasonably foreseeable to Us at the time                 13.1.3 terminate this Contract with You.
1.2 This is a legally binding document to protect Your own interests.    the terms of the agreement between Us. If You require any changes        4.13 Prices and delivery charges displayed or otherwise                 a part-payment or deposit, We will consider whether this covers          the Contract was made or where such losses can be reasonably
Please read these terms of sale carefully before placing Your order      to these Terms, these must be put in writing and be signed by one        communicated are valid and effective only in the United Kingdom.        the losses We are entitled to claim and if it does not We may claim      described as arising in the course of Your trade or business.                13.1.4 You will reimburse Our costs including legal costs, which
and keep a copy of these terms and Your order for future reference.      of Our directors.                                                                                                                                extra from You. If the part-payment or deposit is in excess of Our                                                                                    We incur in enforcing a breach of the Contract arising from Your
                                                                                                                                                  5 PAYMENT FOR THE GOODS                                                 losses, We will refund the balance. This clause does not affect Your     10.4 If You do not accept the Goods You may claim a full refund or           act or omission.
1.3 Clause 2 - Definitions. This clause sets out the meaning of the      3.3 A Contract between You and Us for the sale of any Goods only                                                                                 right to return faulty or mis-described Goods or Goods ordered at        Remedies only if the Goods are not (a) of a satisfactory quality or (b)
capitalised words and terms which are given specific meaning             exists after We have received and accepted Your order and have           5.1 You can pay for the Goods and delivery charges by any method        a Distance.                                                              fit for purpose or (c) as described at the time of purchase.             14 DATA PROTECTION
within this document.                                                    confirmed it in writing such as by Us issuing You with an invoice,       shown in Our premises, in Our current catalogues or on Our website
                                                                         receipt, delivery note or notifying You by email to an email address     or which are notified to You at the time You place Your order.          7.5 If You have ordered Goods at a Distance You have the right to        10.5 You may claim Remedies within the first six months after            14.1 By placing Your order, You allow Us to use Your personal details
1.4 Clause 3 - The Basis of Our Agreement. This clause explains the      You have given. Once We do so, there is a binding legal contract                                                                                 cancel the Contract at any time up to the end of 14 days after You       purchase unless We prove that the Goods conformed to the Contract        for the purpose of supplying the Goods (including passing Your
extent to which this document applies to dealings between You and        between You and Us.                                                      5.2 Payment by credit card will not be effective until We are in        receive the Goods or, if Your Goods were delivered in instalments,       at the time of sale.                                                     details on to Our employees/agents). We may share Your information
Us and how We intend to rely on it. This clause also explains when a                                                                              receipt of cleared funds.                                               14 days after the date on which You receive the last instalment of                                                                                within Our company network for purposes connected to or relating
contract is formed between You and Us, the status of any quotations      3.4 Our Quotations do not constitute an offer to enter into a contract                                                                           the Goods.                                                               10.6 If You claim Remedies more than six months after purchase           to the fulfilment of Your order or for other internal accounting or
which We may provide to You and the extent to which You may rely         with You.                                                                6 OUR DELIVERY OF THE GOODS                                                                                                                      You must prove that the Goods did not conform to the Contract at         compliance purposes. We will not use Your details for any other
on any advice provided by Us.                                                                                                                                                                                             7.6 To exercise Your right of cancellation, You just need to let Us      the time of sale.                                                        purpose without seeking Your prior consent.
                                                                         3.5 We amend these Terms from time to time. Every time You order         6.1 Before We agree to deliver the Goods to You, You must provide       know You have decided to cancel using Our contact details in
1.5 Clause 4 - The Description and Price of the Goods. This clause       Goods from Us, the Terms in force at the time of Your order will apply   Us with an address for delivery along with all of the information       Clause 17.                                                               10.7 You cannot make a claim for Remedies in the following cases:        15 EVENTS BEYOND OUR CONTROL
sets out how the goods We supply to You will be described and            to the Contract between You and Us.                                      which We will reasonably require to enable Us to determine whether
priced and Our obligations to You to ensure that descriptions and                                                                                 We will be able to deliver the Goods, the appropriate method of         7.7 If You exercise Your right of cancellation:                              10.7.1 if the defect or fault was brought to Your attention on or    15.1 We reserve the right to defer the date of delivery or to cancel
prices are accurate. The clause explains Our obligations to supply       3.6 We may revise these Terms as they apply to Your order from           delivery and the cost to You of providing the delivery service.                                                                                      before the time of sale;                                             the Contract or, with Your consent (not to be unreasonably withheld
goods to You and Your rights if We are unable to do so or if variations  time to time to reflect changes in relevant laws and regulatory                                                                                      7.7.1 You will:                                                                                                                               or delayed), reduce the volume of Goods ordered by You (without
arise in the finish of products supplied.                                requirements. If We have to revise these Terms as they apply to Your     6.2 Prior to delivery of the Goods, We will agree with You a time for                                                                                10.7.2 if You inspected the Goods on or before the time of           liability to You) if We are prevented from or delayed in the carrying
                                                                         order, We will contact You to give You reasonable advance notice         delivery of the Goods. We will deliver the Goods as soon as possible          a) be responsible for returning the Goods to Us at Your own            sale and the defect or fault was or should have been readily         on of Our business due to circumstances beyond Our reasonable
1.6 Clause 5 - Payment for the Goods. This clause explains when          of the changes and let You know how to cancel the Contract if You        and unless you request a later date, in any event within 30 days of           cost.The Goods must be returned to Our main trading address            noticeable;                                                          control, provided that, if the event in question continues for a
and how You can pay for goods which You order from Us.                   are not happy with the changes. You may cancel either in respect of      formation of the Contract.                                                    shown at the end of these Terms; and                                                                                                        continuous period in excess of 30 days, You shall be entitled to
                                                                         all the affected Goods or just the Goods You have yet to receive. If                                                                                                                                                          10.7.3 if the defect or fault would have become apparent on          terminate the
1.7 Clause 6 - Our Delivery of the Goods. This clause sets out the       You opt to cancel, You will have to return (at Our cost) any relevant    6.3 If We are unable to make an agreed delivery to Your address for           b) take reasonable care to ensure the Goods are not damaged            inspection within a reasonable time from delivery and notice of
procedure and cost in the event that We agree to deliver goods to        Goods You have already received and We will arrange a full refund of     reasons due to Our own fault, We will inform You as soon as possible          in the meantime or in transit. If the Goods are damaged (or            the defect has not been given to Us within a reasonable time         Contract by giving 14 days prior written notice and You shall be
You. It also sets out Our liability to You where You ask Us to enter     the price You have paid, including any delivery charges.                 and refund or re-credit You for any sum that has been paid by You or          have been modified) by You or are damaged in transit in a way          from when the defect became apparent;                                entitled to a refund in respect of any Goods not delivered to You.
private property and the circumstances in which We may refuse                                                                                     debited from Your credit card for delivery.                                   that You could have foreseen (such as not being sent back in
to do so.                                                                3.7 In providing any advice to You with regard to the suitability of                                                                                   the same or similar packaging as sent to You), We will assess          10.7.4 if the defect arises from Your wilful actions, negligence,    16 GENERAL
                                                                         any Goods or materials for Your specifications We shall rely upon the    6.4 If there is no one at the address You have given who is                   what damage has been caused and if some or all of the goods            abnormal working conditions, mis-use, alteration or repair of
1.8 Clause 7 - Your Cancellation and Return of the Goods. This           information that You provide to Us. You must ensure the accuracy of      competent (over the age of 18 years) to accept delivery of the Goods          are not in saleable condition then those goods will be rejected        the Goods, failure to follow instructions relevant to the Goods or   16.1 These Terms are governed by English law. This means a
clause explains when You may cancel an order which You have              any information You provide to Us including any applicable design,       by signing for them, We will seek to agree an alternative delivery            and a proportionate part of the refund withheld; and                   storage of the Goods in unsuitable conditions;                       Contract for the purchase of Goods through Our site and any dispute
placed with Us and when You may return goods which We have               drawing or specification and You must give Us any necessary              date, or agree for You to collect the Goods. We reserve the right to                                                                                                                                                      or claim arising out of or in connection with it will be governed by
supplied to You. It also explains Your rights where You have             information relating to the Goods within sufficient time to enable Us    make an additional charge for re-delivery of the Goods and You will         7.7.2 We will:                                                           10.7.5 if You change Your mind about wanting the Goods or if         English law.
purchased goods “at a distance” (by telephone, mail order or by          to perform the contract in accordance with these Terms.                  be informed of the amount at the time We arrange an alternative                                                                                      after purchase You decide that You do not like a cosmetic aspect
the internet).                                                                                                                                    date.                                                                         a) refund or credit You any sum that has been paid by You              of the Goods such as colour or shape that was clearly intrinsic to   16.2 You and We both agree to that the courts of England and Wales
                                                                         4 THE DESCRIPTION AND PRICE OF THE GOODS                                                                                                               or debited from Your credit card for the Goods as soon as              the Goods at the time of purchase;                                   will have non-exclusive jurisdiction. However, if You are a resident of
1.9 Clause 8 - Your Acceptance of the Goods. This clause sets out                                                                                 6.5 If Goods are to be deposited other than on Your private premises          possible and in any event within the deadlines indicated                                                                                    Northern Ireland You may also bring proceedings in Northern Ireland,
three ways in which You will be deemed to have accepted goods            4.1 The description and price of the Goods You order will be as          We will deliver the Goods as near as possible to the delivery address         below:                                                                 10.7.6 if You chose the Goods Yourself for a purpose which was       and if You are a resident of Scotland You may also bring proceedings
supplied by Us to You.                                                   shown, or as described by Us in any Quotation, or, in the absence        as is safe and the public highway permits. You will be responsible for                                                                               neither obvious nor made known to Us and You find the item           in Scotland.
                                                                         of such, as shown in Our, or the manufacturer’s / supplier’s, current    complying with all regulations, permits and charges and for all steps            i) if You have received the Goods and We have not offered           unsuitable for that purpose; or
1.10 Clause 9 - Your Responsibilities on Delivery including              catalogue or website at the time You place Your order. We reserve        which need to be taken for the protection at all times of persons or             to collect it from You: 14 days after the day on which We                                                                                16.3 Any waiver by Us of any breach or default of these Terms does
Inspection. This clause sets out what You should do in the event that    the right to vary the price of the Goods at any time before the          property. You will reimburse Us in respect of all reasonable losses,             receive the Goods back from You or, if earlier, 14 days after       10.7.7 if the defect is a result of fair wear and tear.              not mean that We will continue to waive that or any subsequent
You are not satisfied with goods which We supply to You or if We         Contract is made in accordance with clause 4.6. Whilst We try to         damages, costs and expenses We may incur as a result of such                     the day on which You provide Us with evidence that You                                                                                   breach.
deliver a smaller quantity of the goods than was agreed between          ensure that all descriptions and prices are accurate and are kept        delivery whether on the public highway or elsewhere. We will remain              have sent the Goods back to Us;                                 10.8 Nothing in these Terms will affect the terms of manufacturers’
You and Us.                                                              up to date, errors may occur. If We discover an error in the price or    liable for all losses caused by Our own negligence.                                                                                              warranties and guarantees or reduce Your statutory rights relating       16.4 If any clause or sub-clause of these Terms is held to be invalid
                                                                         description of the Goods You have ordered, We will let You know as                                                                                        or                                                              to faulty or mis-described Goods. For further information about          or unenforceable the validity of the other clauses and sub-clauses
1.11 Clause 10 - Defective Goods. This clause sets out Our liability     soon as reasonably possible. We will then offer You the option of        6.6 We will only enter private property if We are given specific                                                                                 Your statutory rights You can contact Your local authority Trading       of these Terms will not be affected and they will remain in full force
to You in the event that We supply You with goods which are              reconfirming Your order or cancelling it in exchange for a full refund.  authority. Once invited onto private property We accept no liability             ii) if You have not received the Goods or You have received it  Standards Department or Citizens’ Advice Bureau.                         and effect.
defective and the circumstances when We will not be liable to You.                                                                                for damage caused to that property by Our delivery drivers (whether              and We have offered to collect it from You: 14 days after You
It also explains whether You will need to prove that the goods were      4.2 Our ability to supply the Goods is subject to Us holding them        directly employed by Us or by a third party) unless caused by Our                inform Us of Your decision to cancel the Contract;              11 OWNERSHIP AND RESPONSIBILITY FOR THE GOODS                            16.5 Any reference in these Terms to any Statute, Statutory Provision
defective or if We will need to show that they satisfactory.             in stock or being able to obtain them. If on receipt of Your order,      own fault or negligence. We reserve the right to refuse to deliver the                                                                                                                                                    or Regulation includes a reference to that Statute, Statutory
                                                                         the Goods You have ordered are not available either in stock or by       Goods to premises that are reasonably considered by Our delivery              b) refund You using the same payment method You used to            11.1 Risk passes to You as soon as We have delivered the Goods           Provision or Regulation as amended extended or re-enacted at the
1.12 Clause 11 - Ownership and Responsibility for the Goods. This        special order We will inform You as soon as reasonably possible and      drivers to be unsuitable or unsafe. We will notify You as soon as             place Your order;                                                  and You will then be responsible for them. If You delay a delivery,      relevant time.
clause explains when You will become responsible for the goods           if We are unable to obtain them in an agreed time We will refund or      reasonably possible of the reason for non-delivery.                                                                                              Our responsibility for everything other than damage due to Our
and when ownership will pass. It explains that ownership will not        credit You in full for any sum that has been paid by You or debited                                                                                    c) refund any delivery costs You have paid, although, as           negligence will end on the date that We agreed to deliver them as        16.6 The headings of these Terms are for convenience only and shall
pass until You have paid for the goods and any other sums owing          from Your credit card for the Goods, including any delivery charges.     6.7 You agree to reimburse Us in respect of all losses, damages,              permitted by law, the maximum refund will be the costs of          set out by the Contract.                                                 not affect their interpretation.
to Us in full.                                                                                                                                    costs and expenses that We incur in complying with any specific               delivery by the least expensive delivery method We offer
                                                                         4.3 In the event that We are unable to supply the Goods to You for       delivery instructions which You may give Us and which relate to               (provided that this is a common and generally acceptable           11.2 We will retain title (ownership) to the Goods until You pay the     16.7 Termination of the Contract shall not affect the rights and
1.13 Clause 12 - Your Non-Payment / Insolvency. This clause              a reason beyond Our reasonable control, We will notify You and           clauses 6.5 and 6.6 above. Any amount which You reimburse to                  method).                                                           full price (cash or cleared funds) of the Goods and any other sums       obligations that have already accrued at the time of termination.
explains the consequences of You failing to pay Us for goods on time     offer You alternative similar products (if available) which are of no    Us will be reduced in proportion to the extent that such losses,                                                                                 outstanding between You and Us whether in respect of this Contract
and the steps We may take if You are declared bankrupt or become         less quality. You shall be entitled to accept the alternative goods      damages, costs and expenses are due to Our fault or negligence.         7.8 If You do not return the Goods as required under Clause 7.7, We      or otherwise.                                                            16.8 Nothing in these Terms or the Contract is intended to or will
insolvent.                                                               offered with a refund of any difference in the price if the substitute                                                                           may charge You a sum not exceeding Our direct costs of recovering                                                                                 create any benefit for or right to enforce any of the Terms of the
                                                                         is cheaper or You shall be entitled to cancel Your order and obtain      6.8 Unless We state otherwise, all Our Quotations and estimates         the Goods.                                                                   11.3 Until title passes You shall:                                   Contract to any third party.
1.14 Clause 13 - Data Protection. This clause sets out how We may        a full refund.                                                           assume delivery of the full contracted amount of Goods. We reserve
make use of Your personal details in order to fulfil Your order.                                                                                  the right to levy additional charges for deliveries by instalments      7.9 You do not have the right to cancel the Contract if Your order is        11.3.1 hold the Goods on trust on Our behalf;                        17 INFORMATION ABOUT US
                                                                         4.4 Whilst We try to maintain continuity of supply in relation to Our    where requested by You.                                                 for perishable Goods that have been unsealed by You, or for Goods
1.15 Clause 14 - Events Beyond Our Control. This clause explains         product lines, We reserve the right to discontinue any product at                                                                                that by their nature (such as bespoke goods or items which have              11.3.2 store the Goods separately from all other Goods or            17.1 Grafton Merchanting GB Limited (company no. 4725313),
the extent of Our liability in the event that We are unable to complete  any time and We shall be under no obligation to supply You with a        6.9 Our delivery price includes the cost of delivery on week days       been personalised at Your request) cannot be returned or are liable          products in such a way that they remain identifiable as the          whose registered office is at PO Box 1586, Gemini One, John Smith
the contract between Us due to circumstances which are beyond            discontinued product in the future. If You have already placed Your      during Our normal working hours. An additional charge may be            to deteriorate or expire rapidly.                                            Goods; and                                                           Drive, Oxford Business Park South, Oxford, OX4 9JF. Our VAT number
Our reasonable control.                                                  order, We will notify You as soon as reasonably possible that the        made if We agree to Your request to deliver outside normal working                                                                                                                                                        is GB 128 2526 76.
                                                                         Goods are not available and offer You an alternative product if one is   hours or on Saturdays, Sundays and/or bank holidays.                    8 YOUR ACCEPTANCE OF THE GOODS                                               11.3.3 not affix the Goods to any land or building in such a way
1.16 Clause 15 - General. This clause contains a number of general       available or a full refund.                                                                                                                                                                                                   that they become incapable of removal without material injury to     17.2 To cancel a Contract in accordance with Your legal right to do
provisions in relation to the contract between You and Us including                                                                               6.10 If You keep Our delivery vehicle waiting for an unreasonable       8.1 Your acceptance of Goods can take place in three ways:                   the land or building.                                                so as set out in clause 7, You just need to let Us know that You have
which law will apply, the way in which the contract should be            4.5 In the case of certain products, variations may arise in the         time or the delivery driver is obliged to return without completing                                                                                                                                                       decided to cancel. The easiest way to do this is by completing the
interpreted and the rights of third parties in relation to the contract  finish of those products where they originate from different factory     delivery, or if due to the nature of the Goods We have to provide           8.1.1 by telling Us that You have accepted the Goods;                12 LIABILITY                                                             cancellation form, a copy of which is available in the Appendix to
between You and Us.                                                      batches. We shall not be liable for any loss caused by such variation    additional staff to unload Goods, a reasonable additional charge will                                                                                                                                                     these Terms. You can also cancel by contacting Us by hand or post
                                                                         where such variation does not diminish the quality of the Goods and      be made that reflects the extra services provided the amount of             8.1.2 by altering or customising the Goods in any way; or            12.1 If We fail to comply with these Terms, We are responsible for       at Grafton Merchanting GB Limited, Head Office: Gemini One, 5520
2 DEFINITIONS                                                            where Goods bought for a specific job or purpose are not purchased       such additional charge will be notified to You.                                                                                                  loss or damage You suffer that is a foreseeable result of Our breach     Oxford Business Park South, Cowley, Oxford, OX4 2LL, or by fax
                                                                         at the same time.                                                                                                                                    8.1.3 by keeping the Goods longer than a reasonable time             of these Terms or Our negligence, but We are not responsible for         at +44 (0)1865 714695, giving details of the Goods ordered and
2.1 In these terms and conditions:                                                                                                                6.11 We will not be liable for any death, or personal injury to You or      without telling Us that You have rejected them.                      any loss or damage that is not foreseeable. Loss or damage is            (where appropriate) their delivery.
                                                                         4.6 We take every precaution in the preparation of Our website,          anyone under Your control during unloading that was not caused by                                                                                foreseeable if it is an obvious consequence of Our breach or if it
    2.1.1 ‘We,’ and ‘Our,’ means Grafton Merchanting GB Limited          catalogues, technical circulars, price lists and other literature, but   Our negligence or by a breach of Our statutory duty.                    9 YOUR RESPONSIBILITIES ON DELIVERY INCLUDING INSPECTION                 was contemplated by You and Us at the time We entered into this          17.3 Grafton Merchanting GB Limited (company no. 4725313),
    (company no. 4725313), whose registered office is at PO Box          these documents are for Your general guidance only and do not form                                                                                                                                                        contract.                                                                whose registered office is at PO Box 1224, Pelham House, Canwick
    1224, Pelham House, Canwick Road, Lincoln LN5 5NH including          part of the Contract. If You require advice in relation to the Goods, a  7 YOUR CANCELLATION AND RETURN OF THE GOODS                             9.1 If You are not satisfied with the Goods, if they do not conform                                                                               Road, Lincoln LN5 5NH. Our main trading address is Gemini One,
    its trading divisions as well as its employees and agents;           specific request for advice should be made to Us using the contact                                                                               with Your order, if they are damaged or faulty, if they are not of       12.2 We only supply the Goods for domestic and private use. You          5520 Oxford Business Park South, Cowley, Oxford, OX4 2LL. Our VAT
                                                                         details in clause 17.                                                    7.1 Because You are a consumer, We are under a legal duty               satisfactory quality or have any other Defect You should reject them     agree not to use the product for any commercial, business or resale      number is GB 128 2526 76.
    2.1.2 ‘You’ and ‘Your’ means the person seeking to purchase                                                                                   to supply Goods that are in conformity with this Contract. As a         on delivery, or, if a Defect is found within a reasonable time after     purposes, and We have no liability to You for any loss of profit, loss
    Goods from Us; 2.1.3 ‘the Contract’ means the contract for the       4.7 We reserve the right to increase the price of the Goods by giving    consumer, You have legal rights in relation to Goods that are faulty    delivery We will (subject to confirmation of the Defect) exchange the    of business, business interruption, or loss of business opportunity.     APPENDIX
    supply of Goods incorporating these Terms;                           notice to You prior to delivery to cover:                                or not as described. These legal rights are not affected by Your right  Goods or refund You in full.
                                                                                                                                                  of return and refund in this clause 7 or anything else in these Terms.                                                                           12.3 We do not in any way exclude or limit Our liability for:            MODEL CANCELLATION FORM
    2.1.4 ‘Defect’ means the condition and/or attribute of the Goods     4.8 any increase in the cost which is due to any factor beyond           Advice about Your legal rights is available from Your local Citizens’   9.2 Should a short delivery (of less than the full quantity of Goods
    and/or any damage, fault, condition or other circumstances that      Our control including, without limitation, any foreign exchange          Advice Bureau or Trading Standards office.                              ordered) have been made, You must notify Us within a reasonable              12.3.1 death or personal injury caused by Our negligence;            To Grafton Mechanting GB Limited of Gemini One, 5520 Oxford
    may entitle You to either reject the Goods, or seek Remedies;        fluctuation, currency regulation, alteration of duties, significant                                                                              time of discovery of the short delivery. Our liability for this short                                                                             Business Park South, Cowley, Oxford, OX4 2LL:
                                                                         increases in the costs of labour, materials, or other costs of           7.2 You do not have an automatic right to change Your mind and          delivery is limited to making good the shortage and any reasonable           12.3.2 fraud or fraudulent misrepresentation;
    2.1.5 ‘the Goods’ means the Goods to be supplied by Us to You;       manufacture;                                                             cancel the contract unless it has been made by telephone, mail          loss or damages You have suffered due to the short delivery.                                                                                      I hereby give notice that I cancel my contract for sale of the
                                                                                                                                                  order or by the internet, (at a “Distance”). We may at Our discretion                                                                                12.3.3 any breach of the terms implied by section 12 of the Sale     following goods,
    2.1.6 ‘Quotation’ means Our written indication of likely cost and    4.9 any change in delivery dates, quantities or specification of the     accept the return of certain Goods not purchased from Us at a           9.3 Where it would have been apparent on a reasonable inspection             of Goods Act 1979 (title and quiet possession);
    specification of the Goods if You were to place an order with Us;    Goods which are requested by You; or                                     Distance (see clause 7.3). This clause does not affect Your right to    that the Goods do not conform to the Contract and You fail to give Us                                                                             Ordered on:
                                                                                                                                                  return any faulty or mis-described Goods.                               notice of this within a reasonable time You will be deemed to have           12.3.4 any breach of the terms implied by section 13 to 15 of
    2.1.7 ‘Remedies’ means compensation, repair, replacement, a          4.10 any delay caused by any failure by You to give Us adequate                                                                                  accepted the Goods and have waived any right to reject the Goods.            the Sale of Goods Act 1979 (description, satisfactory quality,       Name of consumer:
    reduction in price of the defective Goods or ending the Contract;                                                                             7.3 For contracts not made at a Distance and where You purchase                                                                                      fitness for purpose and samples); and
    and                                                                                                                                           Goods from Us from stock We may at Our discretion accept the            10 DEFECTIVE GOODS                                                                                                                                Address of consumer:
                                                                                                                                                                                                                                                                                                       12.3.5 defective products under the Consumer Protection Act
                                                                                                                                                                                                                          10.1 Where indicated in this brochure certain of our Goods are               1987.                                                                Signature of consumer:
                                                                                                                                                                                                                          supplied with a manufacturer’s guarantee. The terms of the
                                                                                                                                                                                                                          manufacturer’s guarantees can be found in the manufacturer’s             13 YOUR NON-PAYMENT / INSOLVENCY                                         Date:
                                                                                                                                                                                                                          product information or on their website and these apply in addition
                                                                                                                                                                                                                                                                                                   13.1 If You are declared bankrupt, enter into an individual voluntary
                                                                                                                                                                                                                                                                                                   arrangement with Your creditors, fail to pay any invoice or any sum
                                                                                                                                                                                                                                                                                                   due to Us under any contract or You commit a material breach of

274 | TERMS & CONDITIONS                                                                                                                                                                                                                                                                                                                                                    TERMS & CONDITIONS | 275
   132   133   134   135   136   137   138