Terms and Conditions

Terms and Conditions

CONSUMER TERMS

This page (together with our Privacy Policy and Business Policy) tells you information about Thermal Insulation Online Limited (“we”, “us”) and the legal terms and conditions (“Terms”) on which we sell any of the products (“Goods”) listed on our website (“our site”) to you.

These Terms will apply to any contract between you (purchasing Goods as a consumer for your own personal use and not in respect of use as a business) and us for the sale of Goods to you (“Contract”).  Please read these Terms carefully and make sure that you understand them before ordering any Goods from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Goods, please check the Terms on our site which will be the up to date version. These Terms were most recently updated on 01^st October 2019.

1.      INFORMATION ABOUT US

1.1    We are a company registered in England and Wales under company number 11864155 and with our registered office at 18 Woodbury Close, Callow Hill, Redditch, Worcestershire, B97 5YQ. We operate this site.

1.2    If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning 01527 403525 or by e-mailing us at sales@slols2refer.com.

1.3    If we have to contact you or give you notice in writing, we will do so by e-mail.

2.      USE OF OUR SITE

2.1    Your use of our site is governed by our Terms of Website Use.  Please take the time to read these, as they include important terms which apply to you.

3.      HOW WE USE YOUR PERSONAL INFORMATION

3.1    We only use your personal information in accordance with our Privacy Policy.  Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

4.      HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1    Our online store pages will guide you through the steps you need to take to place an order online with us (“Order”). Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process.  By placing an Order with us, you make an offer to purchase the Goods set out in your Order.  A Contract for the sale and purchase of those Goods is only made once we have accepted your Order in accordance with clause 4.3 below.

4.2    After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order.  However, please note that this does not mean that your Order has been accepted.  Our acceptance of your Order will only take place as described in clause 4.3.

4.3    We will confirm our acceptance of your Order to you by sending you an e-mail that confirms that the Goods have been allocated to the fulfilling branch(es)(“Order Confirmation”).  The Contract between us will only be formed when we send you the Order Confirmation.

4.4    If we are unable to supply you with the Goods in your Order, for example because that particular item is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 11.7, we will inform you of this by e-mail 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.

4.5    You confirm you are purchasing the Goods as a consumer for your own personal use. If you are purchasing the Goods for business purposes, our Business Terms apply.

4.6    You may cancel your Contract in accordance with your statutory consumer rights. Details of how to cancel are set out in clause 8 below.

5.      OUR GOODS

5.1    The images of the Goods on our site are for illustrative purposes only.  Although we have made every effort to display the Goods accurately, we cannot guarantee that your device’s display is accurate and so the colour and other elements of the Goods may vary slightly from those included in our site images. Site images are owned by us only.

5.2    Any drawings, descriptive matter or advertising contained on this site and any descriptions of the Goods are issued for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of the Contract or have any contractual force.

5.3    The packaging of the Goods may vary from that shown on images on our site.

5.4    To the extent that the Goods are to be manufactured in accordance with a specification supplied by you, you will be responsible for all liabilities, costs, expenses, damages and losses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of your specification.  This clause 5.4 will survive termination of the Contract.

5.5    Our employees are not authorised to make any representations concerning the Goods unless these are expressly made to you in writing.  You acknowledge that you do not rely on, and that you waive any claim for breach of any such representations which are not so confirmed.

5.6    We are unable to advise you on the fitness of the Goods for any particular purpose, their storage or application.  Unless we give written advice or a written recommendation addressed specifically to you, you are entirely responsible for satisfying yourself that the Goods are fit for their intended use either by relying on your own expertise or by obtaining professional advice.

5.7    We reserve the right to amend the specification if required by any applicable statutory or regulatory requirements.

5.8    Dimensions and other physical properties of the Goods are subject to reasonable manufacturing tolerances.

6.      YOUR OBLIGATIONS

6.1    You will ensure that the terms of the order and any specification are complete and accurate.

7.      OUR RIGHT TO VARY THESE TERMS

7.1    We may amend these Terms from time to time and will post the amended Terms to our site including the date of the amendments.  Please look at the top of this page to see when these Terms were last updated.

7.2    Every time you order Goods from us, the Terms in force at the time of your Order will apply to the Contract between you and us.

7.3    We may revise these Terms as they apply to your Order from time to time if we are required to do so due to a change in relevant laws and regulatory requirements and as provided for in these Terms.

7.4    If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you are yet to receive. If you opt to cancel in respect of all Goods including those you have already received, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

8.      YOUR RIGHT OF RETURN AND REFUND

Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed.  Your deadline for cancelling the Contract for our policy is of 14 days from the day on which you receive the Goods. Any cancellation after this from the date of your “Order Confirmation” does not entitle you to a refund.

9.      DELIVERY

9.1    We will ensure that

9.1.1    each delivery of the Goods is accompanied by a delivery note; and

9.2    After we confirm to you the Goods are ready for delivery, we will deliver the Goods to the location set out in the Order or such other location we may agree with you in writing (“Delivery Location”) during our normal working hours on a day (other than a Sunday or a public holiday) (a “Business Day”).

9.3    We reserve the right to refuse delivery to you, subject to clause 9.4: –

9.3.1 If there is nobody available to sign for the Goods on our first delivery attempt at the Delivery Location.

9.4    In the event of any refusal of delivery in accordance with clause 9.3 we will make all reasonable attempts to re-arrange delivery with you in writing or over the phone

9.5    Where we agree to deliver the Goods to you, delivery will be completed (and risk in the Goods will transfer to you) on the Goods’ arrival at the Delivery Location.  You will be solely responsible for the unloading of the Goods and we will not be liable for any damage that occurs during such unloading.

9.6    Where the Goods are collected by you then delivery of the Goods will be completed (and risk and title in the Goods will transfer to you) upon commencement of the loading of the Goods.  We will not be liable for any damage that occurs during the loading or unloading of the Goods.

9.7    Any claims by you in respect of alleged shortage or damage or (where we are delivering the Goods) loss in transit must be notified to us within 24 hours of delivery and confirmed in writing within three days of delivery taking place. Any evident damage to external packaging must be the subject of an endorsement on our delivery note at the time of delivery. No claim can be made by you under this clause- if an acceptance note relating to the Goods has been signed by you or an employee without reference to the alleged damage, shortage or loss in transit.

9.8    If we fail to deliver the Goods, our liability will be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.  We will have no liability for any failure to deliver the Goods to the extent that such failure is caused by an Event Outside Our Control, your failure to provide us with adequate delivery instructions for the Goods, your failure to provide a suitable Delivery Location, or your failure to provide any relevant instruction related to the supply of the Goods.

9.9    If you fail to accept or take delivery of the Goods within seven Business Days of our notification that the Goods are ready, then except where such failure or delay is caused by an Event Outside Our Control or by our failure to comply with its obligations under the Contract in respect of the Goods:

9.9.1    delivery of the Goods will be deemed to have been completed by 16:00 am on the Business Day following the day of our notification; and

9.9.2    we will store the Goods until delivery takes place, and charge you for the reasonable costs and expenses (including insurance) which we incur in respect of such storage.

9.10   If you have not taken delivery of the Goods within 28 days of our notification that the Goods are ready for delivery, we may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall we suffer below the price of the Goods where the Goods have been manufactured to your specification.

9.11   We will be under no obligation to make any delivery of Goods to you if you are in breach of any of these Terms.

9.13   If we miss the delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:

9.13.1   we have refused to deliver the Goods;

9.13.2   delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

9.13.3   you told us before we accepted your order that delivery within the delivery deadline was essential.

9.14   If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 9.13, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

9.15   If you do choose to cancel your Order for late delivery under clause 9.13 or clause 9.14, this applies to the whole order. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.

10.      NO INTERNATIONAL DELIVERY

10.1   Unfortunately, we do not deliver to addresses outside the UK.

11.      PRICE OF GOODS AND DELIVERY CHARGES

11.1   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 11.7 below for what happens if we discover an error in the price of the Goods that you have ordered.

11.2   The default price of the Goods quoted on our site excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. The VAT applicable will be added to your total order which can be viewed on checkout.

11.3   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.

11.4   We reserve the right to increase the price of the Goods and/or the delivery charge by giving notice to you at any time before delivery, to reflect any increase in the cost of the Goods to us that is due to:

11.4.1    any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, technical failure and increases in labour, materials and other manufacturing costs);

11.4.2    any request by you to change the delivery date(s), the number of deliveries, quantities or types of Goods ordered, or any specification; or

11.4.3    any delay caused by your instructions in respect of the Goods or failure by you to give us adequate or accurate information or instructions in respect of the Goods, in which case you may cancel the Order by writing to us.

11.5   We reserve the right to add additional delivery charges, by giving notice to you at any time before delivery, where we reasonably deem the Delivery Location to constitute a remote territory, in which case you may cancel the Order by writing to us.

11.6   All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by us to you, you will, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Goods at the same time as payment is due for the supply of the Goods.

11.7   Our site contains 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 where the price of the Goods:

11.7.1    is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price; and

11.7.2    is higher than the price stated on our site, we will contact you 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.

11.8   You will be directed to your online account to view and print any invoices for the purchase of the Goods.

11.9   Stock availability is indicative only and represents the stock available across our branch network at a point in time. Stock availability is subject to change, as stock is sold directly out of our branches.

12.      HOW TO PAY

12.1   You can only pay for Goods using a verified PayPal account. Please see PayPal terms and conditions to see how any payment to us is protected.

12.2   Payment for the Goods and all applicable delivery charges is in advance. We will charge your PayPal account at the time you complete the checkout process online and place your order with us. 

13.      OUR WARRANTY FOR THE GOODS

13.1   We provide a warranty that on delivery and for a period of 12 months from delivery (“Warranty Period”), the Goods will be:

13.1.1    as described on this site;

13.1.2    free from material defects in design, materials and workmanship; and

13.1.3    of satisfactory quality.

13.2   Subject to clause 13.3 if:

13.2.1    you give notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 13.1; and

13.2.2    you give us a reasonable opportunity of examining such Goods; and

13.2.3    you (if asked to do so by us) return such Goods to us at our cost,

then we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

13.3   We will not be liable for the Goods’ failure to comply with the warranty in clause 13.1 if:

13.3.1    you make any further use of such Goods after giving a notice in accordance with clause 13.2;

13.3.2    the defect arises because you have failed to follow our, or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

13.3.3    the defect arises as a result of us following any drawing, design or specification supplied by the you;

13.3.4    you alter or repair such Goods without our written consent;

13.3.5    the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;

13.3.6    the Goods differ from the specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

13.4   These terms will apply to any repaired or replacement Goods supplied by us under clause 13.2

13.5   If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. 

14.      OUR LIABILITY

14.1   If we fail to comply with these Terms, we are responsible for any loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

14.2   We supply the Goods for domestic, industrial and commercial use. You agree not to use the Goods for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3   We do not in any way exclude or limit our liability for:

14.3.1    death or personal injury caused by our negligence;

14.3.2    fraud or fraudulent misrepresentation;

14.3.3    any breach of the terms to be treated as included by section 17 of the Consumer Rights Act 2015 (title and quiet possession);

14.3.4    any breach of the terms to be treated as included by sections 9 to 13 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and

14.3.5    defective products under the Consumer Protection Act 1987.

15.      EVENTS OUTSIDE OUR CONTROL

15.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 15.2).

15.2   An Event Outside Our Control means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or by any failure of our subcontractors to supply us.

15.3   If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.3.1    we will contact you as soon as reasonably possible to notify you; and

15.3.2    our obligations under a 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.

15.4   You may cancel a 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. 

16.      COMMUNICATIONS BETWEEN US

16.1   When we refer, in these Terms, to “in writing”, this will mean e-mail.

16.2   You may contact us as described in clause 1.2.

17.      OTHER IMPORTANT TERMS

17.1   We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2   You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3   This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17.4   Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5   Except as set out in these Terms, any variation, including introduction of any additional terms and conditions, to the Contract will only be binding when agreed in writing and signed by us.

17.6   If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.7   Please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in respect of any dispute arising under these Terms and/or our Contract with you. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Business Terms and Conditions

 Terms and Conditions of Sale

1. INTERPRETATION

1.1       Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.

Buyer: the person, firm, or company who purchases the Goods from the Seller. 

Conditions: these terms and conditions as amended from time to time in accordance with clause 14.7.

Contract: the contract between the Seller and the Buyer for the supply of Goods and services (where applicable) in accordance with these Conditions.

Contract Price: the price of the Goods invoiced by the Seller to the Buyer in accordance with clause 9.3.

Force Majeure Event: has the meaning given to it in clause 14.1.

Goods: the goods (or any part of them) set out in the Order.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Order: The Buyer’s order for the supply of Goods, as set out in the Buyer’s purchase order form, or the Buyer’s written acceptance of the Seller’s quotation, or as the case may be.

Seller: Thermal Insulation Online Ltd

2. BASIS OF CONTRACT

2.1       The Order constitutes an offer by the Buyer to purchase Goods in accordance with these Conditions.

2.2       The Order shall only be deemed to be accepted when the Seller issues acceptance of the Order by Order Confirmation at which point and on which date the Contract shall come into existence.

2.3       The Contract constitutes 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 Contract.

2.4       Any samples, drawings, descriptive matter or advertising issued by the Seller and any descriptions of the Goods contained in the Seller’s site is published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.

2.5       These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.6       Any quotation given by the Seller shall not constitute an offer, and shall be for the current price and strictly limited to the type and quantity of Goods as stated in the quotation.

3. GOODS

3.1       The Goods are described on the Seller’s site.

3.2       To the extent that the Goods are to be manufactured in accordance with a specification supplied by the Buyer, the Buyer shall indemnify the Seller against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Seller in connection with any claim made against the Seller for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Seller’s use of the specification. This clause 3.2 shall survive termination of the Contract.

3.3       The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. The Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.

3.4       The Seller is unable to advise the Buyer on the fitness of the Goods for any particular purpose, their storage or application. Unless the Seller gives written advice or a written recommendation, the Buyer is entirely responsible for satisfying itself that the Goods are fit for the intended use either by relying on their own expertise or by obtaining professional advice.

3.5       The Seller reserves the right to amend the specification if required by any applicable statutory or regulatory requirements. Dimensions and other physical properties of the Goods are subject to reasonable manufacturing tolerances.

4. DELIVERY OF GOODS

4.1       The Seller shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note; and (b) if the Seller requires the Buyer to return any packaging material to the Seller, that fact is clearly stated on the delivery note. The Buyer shall make any such packaging materials available for collection at such times as the Seller shall reasonably request.

4.2     The Seller shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after the Seller notifies the Buyer that the Goods are ready. Delivery shall be as near as possible to the Delivery Location, where the Seller believes that such place is suitable for unloading during the normal working hours of the Seller on a Business Day.

4.3       Where the Goods are delivered by the Seller, delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location. The Buyer shall be solely responsible for the unloading of the Goods and the Seller shall not be liable for any damage that occurs during such unloading.

4.4       Where the Goods are collected by the Buyer then delivery of the Goods shall be completed upon completion of the loading of the Goods. The Seller shall not be liable for any damage that occurs during the loading or unloading of the Goods.

4.5       Any claims by the Buyer in respect of alleged shortage or damage or loss in transit must be notified to the Seller within 24 hours of delivery and confirmed in writing within three days of delivery taking place. Any evident damage to external packaging must be the subject of an endorsement on the Seller’s delivery note at the time of delivery. No claim can be made by the Buyer under this clause if an acceptance note relating to the Goods has been signed by the Buyer or his agent or employee without reference to the alleged damage, shortage or loss in transit.

4.6       Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Seller shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Buyer’s failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.7       If the Seller fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Seller shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, the Buyer’s failure to provide the Seller with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.

4.8       If the Buyer fails to accept or take delivery of the Goods within seven Business Days of the Seller notifying the Buyer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Seller’s failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 16:00pm on the Business Day following the day on which the Seller notified the Buyer that the Goods were ready; and (b) the Seller shall store the Goods until delivery takes place, and charge the Buyer on an indemnity basis for all related costs and expenses (including insurance).

4.9       If 28 days after the Seller notified the Buyer that the Goods were ready for delivery the Buyer has not accepted or taken delivery of them, the Seller may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.

4.10    The Seller shall be under no obligation to make any delivery of Goods to the Buyer if the Buyer is in breach of any of these Conditions.

5. QUALITY OF GOODS

5.1       The Seller warrants that on delivery, and for a period of 12 months from the date of delivery (“Warranty Period”), the Goods shall: (a) be as described in the Seller’s catalogue or in any specification as appropriate; (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).

5.2       Subject to clause 5.3 if: (a) the Buyer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1; (b) the Seller is given a reasonable opportunity of examining such Goods; and (c) the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s place of business at the Buyer’s cost,

then the Seller shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

5.3       The Seller shall not be liable for the Goods’ failure to comply with the warranty in clause

5.1 if: (a) the Buyer makes any further use of such Goods after giving a notice in accordance with clause 5.2; (b) the defect arises because the Buyer failed to follow the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; (c) the defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer; (d) the Buyer alters or repairs such Goods without the written consent of the Seller; (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or (f) the Goods differ from the specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards; or

(g) the Buyer has not paid in full for the Goods.

5.4       Except as provided in this clause 5.4, the Seller shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.

5.5       The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Seller under clause 5.2.

6. RETURNS

6.1       Goods returned at the Buyer’s request not on the Seller’s own vehicle shall be at the Buyer’s risk regarding insurance for a value not less than the full invoice price.

6.2       Subject to clause 5 specifically ordered or nonstock items are not returnable.

6.3       Costs of collection and re-delivery of replacement items will be met by the Buyer unless attributable to the negligence of the Seller. Only Goods returned in saleable condition can be accepted for credit. The Seller reserves the right to levy a re-stocking and handling charge. All returns must be sanctioned by the Seller prior to Goods being brought back.

7. TITLE AND RISK

7.1       The risk in the Goods shall pass to the Buyer on completion of delivery where the Goods are delivered by the Seller. Where the Goods are collected by the Buyer, the risk in the Goods shall pass to the Buyer when the employees or agents of the Seller have completed lading to the satisfaction of the vehicle’s driver.

7.2       Title to the Goods shall not pass to the Buyer until the Seller has received payment in full (in cash or cleared funds) for: (a) the Goods; and (b) any other goods that the Seller has supplied to the Buyer.

7.3       Until title to the Goods has passed to the Buyer, the Buyer shall: (a) hold the Goods on a fiduciary basis as the Seller’s bailee; (b) store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller’s property; (c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Seller’s behalf from the date of delivery; (e) notify the Seller immediately if it becomes subject to any of the events listed in clause 12.1; and (f) give the Seller such information relating to the Goods as the Seller may require from time to time, but the Buyer may resell or use the Goods in the ordinary course of its business provided that any such sale of the Goods shall take place as the Seller’s bailee and that the entire proceeds of sale are held in trust for the Seller and shall not be mingled with other monies or paid into any overdrawn bank account.

7.4       If before title to the Goods passes to the Buyer the Buyer becomes subject to any of the events listed in clause 12.1, or the Seller reasonably believes that any such event is about to happen and notifies the Buyer accordingly, then, provided the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Seller may have, the Seller may at any time require the Buyer to deliver up the Goods and, if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.

8. BUYER’S OBLIGATIONS

8.1       The Buyer shall: (a)  ensure that the terms of the Order and any specification are complete and accurate; and (b) in the event that the Goods do not accord with the Order, the Buyer  must notify the Seller  within 24 hours from  the date of delivery and  be confirmed in writing to the Seller within three days, failing which the Buyer will be deemed to have accepted the Goods.

9. CHARGES AND PAYMENT

9.1       The price for Goods shall be the price set out in the Order or, if no price is quoted, the price set out in the Seller’s Order Confirmation as at the date of delivery. The price of the Goods is exclusive of all costs and charges of packaging, insurance, transport of the Goods which shall be paid by the Buyer when it pays for the Goods.

9.2       The Seller reserves the right to increase the price of the Goods by giving notice to the Buyer at any time before delivery, to reflect any increase in the cost of the Goods to the Seller that is due to: (a) any factor beyond the control of the Seller (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); (b) any request by the Buyer to change the delivery date(s), the number of deliveries, quantities or types of Goods ordered, or any specification; or (c) any delay caused by any instructions of the Buyer in respect of the Goods or failure of the Buyer to give the Seller adequate or accurate information or instructions in respect of the Goods.

9.3       The Seller shall invoice the Buyer on or at any time after completion of delivery of the Goods.

9.4       The Seller shall have the right to invoice the Buyer by e-mail where the Buyer has consented to invoices being submitted in this manner. Where invoices are sent out using electronic mail they will be deemed to have been received by the Buyer on the date when they are sent provided that email is transmitted between the hours of 9:00am and 5:00pm on a Business Day. If the invoice is sent by email from the Seller to the Buyer outside of the above times then the Buyer will be deemed to have received the invoice on the next Business Day.

9.5       The Buyer shall pay each invoice submitted by the Seller: (a) by the end of the month following the month of issue of the invoice when they have an account; and (b) in full and in cleared funds to a bank account nominated in writing by the Seller,

and time for payment shall be of the essence of the Contract.

9.6       All amounts payable by the Buyer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by the Seller to the Buyer, the Buyer shall, on receipt of a valid VAT invoice from the Seller, pay to the Seller such additional amounts in respect of VAT as are chargeable on the supply of the Goods at the same time as payment is due for the supply of the Goods.

9.7       The Buyer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Buyer shall not be entitled to assert any credit, set-off or counterclaim against the Seller in order to justify withholding payment of any such amount in whole or in part. The Seller may, without limiting its other rights or remedies, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.

9.8       Non-payment by the Buyer by the Due Date shall entitle the Seller to demand payment of all outstanding balances under the Contract or any other contract or agreement between the parties whether due or not and to cancel forthwith any outstanding orders and credit facilities without prejudice to all other rights the Seller may have.

9.9    The Buyer must pay to the Seller all and any reasonable expenses and legal costs incurred by the Seller in taking any steps, including Court action, to enforce the Buyer’s obligations under the Contract for the payment of any monies owed by the Buyer to the Seller.

10. CONFIDENTIAL INFORMATION

Neither party shall during and after termination of this Contract, without the prior written consent of the other party use or disclose to any other party any information of the other party which is identified as confidential or which is confidential by its nature. This clause 10 shall survive termination of the Contract.

11. LIMITATION OF LIABILITY: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

11.1    Nothing in these Conditions shall limit or exclude the Seller’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (e) defective products under the Consumer Protection Act 1987.

11.2    Subject to clause 11.1: (a) the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and (b) the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Contract Price.

11.3    Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

11.4    This clause 11 shall survive termination of the Contract.

12. TERMINATION

12.1    Without limiting its other rights or remedies, the Seller may terminate the Contract with immediate effect by giving written notice to the other party if: (a) the Buyer defaults in any of its payment obligations; (b) the Buyer commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 10 days after receipt of notice in writing of the breach; (c) any distress or execution is levied upon any assets of the Buyer; (d) a winding up petition is filed in relation to the Buyer, or where the Buyer is an individual, they become subject to a bankruptcy petition or order; (e) the Buyer makes a resolution for its winding up, makes an arrangement or composition with its creditors or makes an application to a Court of competent jurisdiction for protection from its creditors or an administration or winding up order is made or an administrator or receiver is appointed in relation to the Buyer;

(f) the financial position of the Buyer deteriorates to such an extent that in the opinion of the Seller the capability of the Buyer adequately to fulfil its obligations in accordance with the Contract has been placed in jeopardy; or (g) the Buyer suspends, or threatens to suspend, payment of its debts and/or threatens to suspend, ceases or threatens to cease to carry on all or substantially the whole of its business.

12.2    Without limiting its other rights or remedies, the Seller may terminate the Contract: (a) by giving the Buyer 14 days’ written notice; or (b) with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due under this Contract on the due date for payment.

12.3    Without limiting its other rights or remedies, the Seller shall have the right to suspend all further deliveries of Goods under the Contract or any other contract between the Buyer and the Seller if: (a) the Buyer fails to pay any amount due under this Contract on the due date for payment; or (b) the Buyer becomes subject to any of the events listed in clause 12.1, or the Seller reasonably believes that the Buyer is about to become subject to any of them.

13. CONSEQUENCES OF TERMINATION

On termination of the Contract for any reason: (a) the Buyer shall immediately pay to the Seller all of the Seller’s outstanding unpaid invoices and interest; (b) the accrued rights and remedies of the Seller as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and (c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.

14. GENERAL

14.1    Force majeure:

(a)  For the purposes of this Contract, “Force Majeure Event” means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or by any failure of the Seller’s subcontractors to supply the Seller.

(b)  The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

(c)  If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 14 days, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.

14.2    Assignment and subcontracting:

(a)  The Seller may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.

(b)  The Buyer shall not, without the prior written consent of the Seller, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

14.3    Data and Data Protection:

(a)  The Seller may use any information that the Buyer has provided to the Seller to enable a search to be made with credit reference agencies to assess the creditworthiness of the Buyer and to search against any personal credit records of all directors and/or proprietors of the Buyer (in respect of which the Buyer confirms that all necessary consents from the individuals have been obtained) where the Buyer has sought or has entered into credit terms with the Seller. Such searches may include a search against current or previous addresses in the last three years

(b)  For the purposes of credit referencing, fraud prevention and any money laundering regulations that may apply, the Seller may share the account information and trade history with other lenders and credit reference agencies. The Seller may from time to time review the account of the Buyer, and further searches of credit reference agencies and/or personal credit record searches may be undertaken by the Seller.

(c)  Under the Data Protection Act 1998 those individuals referred to at clause 14.3(a) above have the right to apply for a copy of the information about them held by the Seller, for which the Seller may charge a small fee, and have the right to correct any inaccuracies in any such information held.

14.4    Waiver and cumulative remedies:

(a)  A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by the Seller in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

(b)    Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

14.5    Severance:

(a)  If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

(b)   If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

14.6    No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

14.7    Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.

14.8    Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Seller.

14.9    Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 

 Delivery Policy

Please check the lead time quoted on specific product page. If you are ordering multiple items, please allow the longest quoted lead time as your delivery as your delivery will only be despatched when all items are available.

If nobody is available to receive/sign for the goods when we attempt to deliver or incorrect delivery address is provided, the full cost of another delivery will be charged & must be paid in full prior to any rearrangement of delivery.

England, Wales & Scotland

Orders up to £200 (ex VAT) delivery cost will be standard £15 (inc VAT)

Orders over £200 (ex VAT) qualifies for free delivery

Northern Ireland

Orders up to £200 (ex VAT) delivery cost will be £25 (inc VAT)

Orders over £200 (ex VAT) qualifies for free delivery

 Privacy Policy

This privacy policy sets out how slols2refer.com uses and protects any information that you give slols2refer.com when you use this website. slols2refer.com is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. slols2refer.com may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

• Name
• Contact information including email address
• Demographic information such as postcode, preferences and interests
• Other information relevant to customer surveys and/or offers.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests. 

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Payment details are protected through payment and their policies can be found at https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at sales@slols2refer.com

We will not sell, distribute or lease your personal information to third parties. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email accounts@slols2refer.com Telephone: 01527 403525 VAT No: 318 5539 85.

If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.