1. OUR CONTRACT
These Terms and Conditions govern the supply of goods sold by Hardware Shed Limited (No. 5557422), PO Box 946, Cheltenham, GL50 9BW, United Kingdom ("we" and "us") to the customer named on the order form provided on the Hardware Shed website ("you"). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.
2. PRICE & PAYMENT
2.1 The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for carriage and insurance as set out in the order form. We reserve the right to charge increased carriage charges for delivery to offshore locations. 2.2 Subject to clause 2.3, we must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted, unless we have agreed otherwise in advance in writing. 2.3 If you are an account customer, payment shall be made in full at the end of the month following the date of the invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over Lloyds TSB's then current rate on the the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.
3. DELIVERY & TITLE
We shall deliver the goods in accordance with your order. A valid signature will be required on delivery. Immediately prior to despatch of the goods to you, title in the goods will pass to you. In the unlikely event that you have not received all the goods within 21 days of the date of delivery, (or, where you have requested a delayed despatch, within 21 days of the requested despatch date,) you must notify us immediately.
4. AVAILABILITY
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product, or refund you the price paid for such goods as soon as possible and in any case within 30 days, or, in the case of an account customer, we may, at our absolute discretion, raise a credit as soon as possible to offset the amount invoiced to you.
5. CANCELLATION & RETURNS
5.1 You may cancel your order by giving us notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation. 5.2 On cancellation, for whatever reason, you must return the goods to us at your cost, unless the goods are being returned to us because they are faulty, incorrect goods or because of unsuitable substitution by us, in which case we shall meet the cost of return, but we ask that you allow us to nominate the carrier.
6. LIABILITY
6.1 If you have notified us of a problem with the goods, we shall (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. 6.2 Where we have agreed to replace the goods, you confirm that you will keep the original goods safely and allow our nominated acarrier to collect them from you without undue delay. Persistant failure to allow the original goods to be collected may result in you incurring an additional charge up to the original cost to you. 6.3 We shall not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods, and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. 6.4 The goods are intended for use in the United Kingdom, and we make no warranties, express or implied, that the goods are suitable for use outside the United Kingdom, or comply with any laws, regulations or standards of any jurisdiction outside the United Kingdom.
7. AGE REQUIREMENTS FOR SPECIFIC GOODS
Where the law requires a minimum age limit for the purchase of specific goods, you confirm that you are over the required age limit and that delivery will be accepted by a person over the required age limit.
8. TERMINATION
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
9. FORCE MAJEURE
We shall have no liability to you for any failure of delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts, and other industrial disputes).
10. GENERAL
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
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