Terms & Conditions
1. Unless otherwise agreed in writing by Paint Spray Tools (The Company) these conditions shall superseded any earlier sets of conditions appearing in the Company's catalogues or elsewhere and shall override any terms and conditions stipulated incorporated or referred to by that Customer whether in the order in any negotiations and no variation of these conditions will be applicable unless accepted in writing by the Company.
2. These conditions shall not affect any statutory rights to which the Customer may from time to time be entitled and which by law cannot be varied or excluded.
3. The price for any goods may be varied by additions upwards by the Company in accordance with market conditions at the date of actual supply and the Customer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour and/or materials and/or transport. The Customer shall not be notified in writing before despatch if and when this condition is to be executed.
4. Prices and terms of payment
- a) Paint Spray Tools reserves the right to change or withdraw prices for the products or services it offers for sale without prior notice. If Paint Spray Tools price for any product or service is increased, the price in effect prior to the increase will apply to orders received prior to the effective date of the increase and shipped within a period of 30 days after the effective date of increase.
- b) Prices are in Sterling Pounds unless otherwise specified.
- c) All prices contained on our website exclude VAT (unless otherwise specified). VAT is charged at the correct current rate as set out by the British Government.
- d) Unless otherwise specified by Paint Spray Tools in writing, all taxes and other charges imposed by federal, state, local, or foreign governments on the manufacture, sale, shipment, import, export, or use of the products or services shall be added to the price and billed to and paid by Buyer. Buyer shall defend, indemnify and hold harmless Paint Spray Tools from and against all liabilities for such taxes or charges and attorneys' fees or costs incurred by Paint Spray Tools in connection therewith.
- e) In the event that there is a pricing error on the website then Paint Spray Tools will not be bound to honour any orders made at that price. You will be notified immediately that this is the case and Paint Spray Tools will not be held liable.
- f) Special order items are non-returnable and are often subject to lead time. You will be notified of a delay in order when we come to order your items. We will request your acceptance of any special order and your acceptance of the lead time. Once a special order has been ordered we cannot accept cancellation. g. All delivery charges are clearly displayed on the basket stage of your order. These carriage charges are based on standard UK Mainland deliveries using our economy delivery schedule. For countries/regions that do not appear as a shippable area please call or email for a quotation.
- h) For large orders, please ensure that someone is available to help the driver move the goods from the delivery van to your premises. Our pallet couriers only supply 1 driver to deliver your order and are not insured or obliged to assist in carrying your goods into/onto your property. The extent of their contract is to wheel your pallet on to your driveway/path, not to physically move them into your garage or property. Deliveries are made to the nearest hard road point and for the avoidance of doubt we are only insured and required to deliver the Goods to your delivery address and not to bring them into a property or install them. For large orders a pallet will invariably be used to transport your Goods, this pallet is your responsibility when delivered to dispose of as deemed necessary. It is not the delivery drivers responsibility to take this away with them.
- i) We endeavour to deliver most products within 5 days; however some items may take longer if it is a special order or there is a delay to stock arrival. All delivery dates given are only and always provisional, whilst we strive to always deliver on a pre-organised, amicable day, sometimes it is completely out of our control that situations arise that we can not foresee. Where we can we will try to notify of a potential problem with deliveries or times, however sometimes it is not always possible to do so. Paint Spray Tools are not bound by any delivery day/dates that either we or our sub-contracted couriers have organised. If the delivery has not taken place through no fault of your own, then Paint Spray Tools will often arrange another suitable date at yours and our convenience. For the avoidance of any doubt we shall not be liable for any loss arising from delay in delivery or non-delivery.
- j) Tradesmen should not book work until goods are received and checked thoroughly. Paint Spray Tools cannot accept liability or 3rd part costs incurred as a result of any delays in despatch. Please allow a suitable timescale before your work begins to the delivery of your goods, so that in the unlikely event of any damages, suitable time can be given to the replacement of said goods.
- k) All delivery charges are clearly displayed on the basket stage of your order. These carriage charges are based on standard UK Mainland deliveries using our economy delivery schedule. In most instances delivery timescales can be improved however these may be subject to a carriage surcharge. The following areas/locations may be subject to a carriage surcharge: AB, DD, PH, IV, KW, IM, BT, IW, SI, GY, JE, HS, ZE or Non UK Mainland Islands i.e Isle of Man, Isle of Wight, Shetland Islands etc. Please ring for full details and a price will be given on application. You will be notified prior to delivery if your order incurs a postal surcharge.
- l) Goods can only be delivered to the customer's address (they cannot be left with a neighbour) and must be checked and signed for. If the delivery is to a communal building like a block of flats, please note that the driver may require help unloading. The Carrier may also ask to see identification before leaving the goods, (to protect us from Credit Card fraud). m. Damaged/Missing Goods - Please inspect goods thoroughly before signing, if it is not possible sign the proof of delivery note as "unchecked". You must inform us in writing, via email or fax within 72 hours of delivery if any goods are damaged or missing. We cannot accept liability for damaged goods if you do not inform us within the 72 hours.
5. Any time or date for delivery named by Paint Spray Tools is an estimate only and unfortunately we shall not be liable for the consequences of any delay.
- a) At the time of sale or delivery of the goods the Customer must satisfy himself that the goods comply with the contract and will inspect them for apparent defects and damage. The Customer will sign and endorse on the delivery document a note of any deficiency defects or damage found. Such note duly signed shall be conclusive evidence against the Customer that the goods are correct and free from apparent defects and damage except as so endorsed and except (in the case of consumer customers) as to matters constituting any breach of statutory implied terms. If the Customer refuses or neglects to sign such note it is agreed that it will be deemed to have been signed without endorsement.
- b) The Company have no liability arising out of non-delivery shortage of delivery deterioration or damage in transit save that the Company will repair or replace free of charge (at the Company's option) goods lost or damaged in transit to the Customer provided the Company who is responsible for such delivery and such goods were supplied by the Company and in the case of damage in transit or shortage of delivery a separate notice in writing is given to the Company within 3 days of receipt of the goods qualify a complete claim In writing within 7 days of receipt of the goods and in the case of loss of goods notice in writing is given to the Company within 7 days of consignment.
- c) The Customer shall not be entitled to cancel this agreement except with the written consent of the Company in which event the Customer shall pay to the Company by way of liquidated damages either 10% of the total value of the contract or ten pounds whichever is the greater.
- d) If you wish to cancel an order please inform us by email (email@example.com) or by telephoning us on 01767 640888. You must provide the following information when cancelling an order: Your Name, Your Order Number, Date or Order, Details of Cancellation. We will acknowledge your request by email and arrange to refund you by your chosen method of payment. If you do not receive an email from us acknowledging your cancellation then your order has not been cancelled.
- e) Orders that are cancelled after the order has been dispatched will be subject to delivery and returns collection charges incurred.
- f) We can not accept any cancellations for any Special Order items. You would have been notified if your order was a special order as we would ask for your acceptance of such. Please note that your right to return Goods pursuant to the Distance Selling Regulations 2000 does not apply in this contract where the Goods are manufactured for you, customised to your specifications or specially ordered and non stock items.
- a) Paint Spray Tools obligations are subject to the export administration and control laws and regulations of England. Buyer shall comply fully with such laws and regulations in the export, resale, or disposition of products.
- b) Quotations or proposals made, and any orders accepted by Paint Spray Tools from a Buyer outside the UK are with the understanding that the ultimate destination of the products is the country indicated therein. Diversion of the products to any other destination contrary to English law is prohibited. Accordingly, if the foregoing understanding is incorrect, or if Buyer intends to divert the products to any other destination, Buyer shall immediately inform Paint Spray Tools of the correct ultimate destination.
8. No condition is made or is to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for any use under any specific instructions notwithstanding that the purpose or conditions may be known or made known to the Company.
- a) All goods supplied by Paint Spray Tools are warranted free from defects for 12 months from the date of delivery (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
- b) This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, misuse, or any alteration or repair carried out without the Suppliers approval.
- c) If the goods supplied to you are damaged on delivery or don't correspond with specification (other than in respect of a bespoke specification), you should notify Paint Spray Tools in writing either via our e-mail address (firstname.lastname@example.org) or fax number shown within the Contact Us section of the website within 3 days from the date of delivery.
- d) If the goods supplied to you develop a defect in relation to their quality or condition while under warranty you should notify Paint Spray Tools in writing via the e-mail address or fax number shown within the Contact Us section of the website, as soon as possible, but in any event within a reasonable time after discovery of the defect or failure.
- e) Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification (other than in respect of a bespoke specification) is notified to Paint Spray Tools in accordance with these conditions of supply, Paint Spray Tools shall be entitled to replace the goods (or the part in question) free of charge or, at our sole discretion, refund you the price of the goods (or a proportionate part of the price), but we shall have no further liability to you.
10. Extent of Liability
- a) We make every effort to ensure that all descriptions and pictures on our web site are described and reflect the products accurately. However, the descriptions and pictures on our website do not form part of the contract between us and you. They are purely designed to represent a general idea of the goods. We would always recommend that suitable research is under taken by you to ensure you know what you are buying from us and that they are intended for your use.
- b) We will not be liable to you for any loss or damage which you suffer as a result of any breach of contract by us, including, but not limited to, consequential loss to you and/or loss or damage to the property of third parties. In any event our liability to you arising directly from our negligence will not exceed the invoice value of the Goods. Nothing in this clause will limit our liability for death or personal injury resulting from our negligence. This clause does not affect your statutory rights.