Terms & Conditions
DIANA COWPE LTD
In these conditions:
- "the buyer" means the person who agrees to purchase the Products from the Seller subject to these Conditions whose details may be set out overleaf;
- "these Conditions" means the terms and conditions of sale set out in this document;
- "the contract" means the agreement between the Seller and the Buyer for the sale and purchase of the Products;
- "the Delivery address" means the address for delivery of the Products which shall be the Buyer's principal place of business unless specified overleaf;
- "the Estimated Delivery Date" means the date on which the Seller estimates that the Products will be delivered which may be set out overleaf;
- "the Products" means the goods which the Seller is to supply to the Buyer in accordance with these Conditions and which may be listed overleaf;
- "the Seller" means Diana Cowpe Ltd whose principal place of business is at Diana Cowpe Limited, Unit 2, Gregge Street, Heywood, Lancashire, OL10 2ED, UK.
Basis of Sale
- These conditions apply to all contracts for the sale of goods entered into by the Seller. By placing an order with the Seller or accepting the Seller's quotation, the Buyer agrees to deal with the Seller on these Conditions to the exclusion of all other terms, conditions, warranties or representations with the exception of any terms specified in writing overleaf.
- No variations to these Conditions shall be binding unless made in writing specifying both which clause is to be varied and full details of such variation and signed on behalf of each of the Buyer and the Seller.
- The Seller's employees or agents are not authorised to make any representations concerning the Products unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
- Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Products which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer's own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or any other document or information used by the Seller shall be subject to correction without any liability on the part of the Seller.
Sale and Purchase
- The Buyer agrees to purchase the Products from the Seller and the Seller agrees to sell the Products to the Buyer.
- You have a right to cancel your order within seven working days of receiving the Goods. The seven-day period begins upon the date of delivery of the Goods to you.
- In order to cancel your order, you must notify us by email or in writing to our contact address within this 7-day period. A refund of the cost of the items, less postage and packaging, paid by you to us for the Goods will be made within 30 days of your cancellation. If you have paid for the price of the Goods by credit or debit card, your credit or debit card account will be re-credited as soon as possible and in any event within the above 30-day period.
- If you cancel your order you must take good care of the Goods and must return them to us at your own expense by Royal Mail Special Delivery within 30 days of cancellation of your order. If the Goods have been damaged whilst in your possession then you will be liable for the cost of repairing that damage. The Goods must be returned unused with all packaging enclosed. If, after cancelling an order, you fail to return the Goods to us, we are entitled to collect the Goods from you and deduct from the refund referred to at paragraph 3.3 above, the cost of collecting the Goods from you
- If the Products are to be manufactured or any process is to be applied to them by the Seller in accordance with the specifications submitted by the Buyer or if the Products are to be marked with any trademark at the request of the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights or misuse of any confidential information of any other liability whatsoever which results from the Seller's use of the Buyer's specifications or the marking of the Products or from the sale or supply of such Products by the Seller.
- The Seller reserves the right to make any changes in the specifications of the Products which are required to conform with any applicable safety or other requirements or which do not materially affect their quality or performance.
- The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
- While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- The seller shall use its reasonable efforts to deliver the Products to the Buyer at the Delivery Address on or around the Estimated Delivery Date, but time or delivery shall not be of the essence.
- The Seller shall be entitled to deliver the Products in instalments in which case each instalment shall be treated as an entirely separate contract and any default or breach by the seller in respect if any such instalment shall not entitle the Buyer to cancel any other instalment or treat the Contract as a whole as repudiated.
- If the Products are damaged on delivery or less than the correct amount of the Products is delivered, then unless the Buyer notifies the Seller and the carrier (otherwise than a note on the delivery note) within four days of delivery no claim against the seller may be made in respect of damage to or short delivery of such Products.
- If the Products have not been delivered despite receipt by the Buyer of the invoice from the Seller relating to them, then unless the Buyer notifies the Seller within seven days after the date of such invoice no claim against the Seller may be made in respect of non-delivery of those Products.
- All deliveries must be taken up by the completion date stated in the Contract or if no date is stated delivery shall be taken and the Contract completed within six months of the first day of the month following the month in which the Contract was booked. The Seller shall have the right to cancel any undelivered balance not taken up by the date stated or at the end of the period of six months as the case may be, or any balance which the Seller cannot deliver by reason of the Buyer's default hereunder and in either case without prejudice to any claim for damages the Seller may have.
Risk and Title
- Risk of damage to or loss of the Products shall pass to the Buyer on delivery.
- Notwithstanding delivery and the passing of risk in the Products, or any other provision of these conditions, the property in the Products shall not pass to the Buyer and shall be retained by the Seller until the Seller has received in cash or cleared funds payment in full of the price of the Products and of all sums due in connection with the supply of all goods and services to the Buyer by the Seller at any time.
- The Buyer shall hold all goods owned by the Seller as the seller's fiduciary agent and bailee, shall store them in such a way that they are clearly identifiable as the Seller's property, shall maintain records of such goods identifying them as the Seller's property and shall keep them properly stored, protected and insured. The Buyer shall be entitled to resell or use such goods in the ordinary course of its business but shall account to the Seller in respect of the proceeds of sale or otherwise of such goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any other monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly identified, stored, protected and insured. The Buyer shall maintain records of the persons to whom it sells or disposes of such goods and of the payments made by such persons for such goods and will allow the Seller to inspect these records and the goods themselves on request. The Seller shall be entitled to trace the proceeds of sale or otherwise of such goods.
- Until such time as the property in any goods owned by the Seller passes to the Buyer, the Seller shall be entitled at any such time to require the Buyer to deliver up such goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where such goods are stored and repossess them. The Buyer shall procure that any third party which holds such goods shall permit the Seller to take possession of them. The Seller shall be entitled to use or dispose if such goods as it wishes (provided that, in the case of composite or mixed goods, title to which vests in the Seller as a result of the incorporation of any item of the Products, the Seller shall account to the Buyer (subject to any set off to which the Seller is entitled) for any excess of the amount received in respect of such goods over the amount due to the Seller up to the amount of the direct costs or expenses incurred by the Buyer in connection with the production of such goods but shall itself retain any balance). Unless the Seller expr4essley elects otherwise any contract between it and the Buyer for the supply of the Products shall remain in existence notwithstanding any exercise by the Seller of any of its rights under this clause.
- The Buyer shall not be entitled to pledge or in any way change by way of security for any indebtedness any of the goods which remain the property of the Seller but if the Buyer does so all the monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
- Neither party shall be liable to the other if its performance of its obligations under the Contract (other than an obligation to pay money) is prevented or hindered due to any circumstances outside its control.
- Clause headings are purely for ease of reference and do not form part of or affect the interpretation of the Contract.
Replacement of Defective Goods
- The Seller's liability in respect of any goods proved to be defective is limited to replacing them at the point of delivery specified herein and the Seller shall not be liable for any consequential loss (including loss of profit) suffered by the Buyer.