Terms and Conditions
TERMS & CONDITIONS.
1. Interpretation
1.1 In these Conditions the following words shall have the following meanings
“the Company” means DSF Distribution Ltd, Shaw Cross Court, Shaw Cross Business Park, Dewsbury, WF12 7RF.
“these Conditions” means the terms and conditions set out herein.
“this Contract” means any contract to which these Conditions relate.
“the Customer” means a buyer or hirer of any Goods and/or services from the Company.
“the Goods” means all and any goods sold at any time by the Company to the Buyer under this Contract.
“the Services” means all and any services provided at any time by or on behalf of the Company to the Customer.
1.2 References to gender or number shall be a reference to any gender or number as appropriate in any context in this Contract
2. General
2.1 The Customer acknowledges that these Conditions shall be deemed to be incorporated in any Contract between the Company and the Customer shall take
effect to the exclusion of any terms or conditions stipulated by or on behalf of the Customer and shall not be altered or varied except by an express written
amendment signed on behalf of the Company.
2.2 The Customer confirms to the Company that no written or oral representations made at any time by or on behalf of the Company other than as expressly
incorporated in these Conditions have in any way whatsoever induced the Customer to enter this Contract.
3. Conditions and Warranties
3.1 The Customer is relying upon its own knowledge, skill and judgement in relation to the Goods and the Company shall therefore be under no liability
whatsoever for any knowledge which it, its servants or agents may possess and communicate to the Customer as to the purpose for which the Goods are
supplied.
3.2 Where before delivery the Company gives to the Customer an opportunity to inspect the Goods (and such opportunity is exercised by the Customer then
the Company shall not be liable for any loss or damage arising from defects that such inspection ought to have revealed.
3.3 The Company shall be under no liability whatsoever for any defect and failure to correspond with the description of or unsuitability for any purpose of the
Goods or any part thereof and the Customer hereby waives all conditions, warranties or other terms whether express or implied statutory or otherwise
inconsistent with the provisions of this clause which are hereby expressly excluded.
3.4 If it should be held by a Court of competent jurisdiction in relation to any particular contract to which these Conditions apply that clause 3.3 above is not
effective then the Customer shall not be entitled to reject the Goods and any Damages recovered by the Customer in respect of any breach of contract by the
Company shall be limited to the reasonable cost of remedying the defect or other matter constituting the breech provided that the Company shall first be
afforded the opportunity of itself carrying out such remedial work and the Company shall not under any circumstances be under any liability whatsoever for
any other loss injury or damage suffered by reason of such breech.
3.5 Deviations in quantity of Goods delivered from that stated in this Contract shall not give rise to a right to reject on the part of the Customer nor shall the
Customer have a right to claim for damages for breach of contract, but the Customer shall only be obliged to pay at the contract rate for the quantity of Goods
delivered.
3.6 Defects in quality or dimension of part of any order of Goods shall not be a ground for cancellation of the remainder of such order.
3.7 Where these Conditions apply and the Customer deals as a consumer for the purpose of the Unfair Contract Act 1977 this clause 3 will be in addition to
the statutory rights of the Customer within the meanings of that expression as defined in The Consumer Transaction (Restrictions on Statements) Order 1976
and will in no way affect such statutory rights.
4. Samples and Inspection
4.1 Notwithstanding that sample goods may be exhibited to and inspected by the Customer such sample goods are so exhibited and inspected solely to enable
the Customer to judge for itself the quality of the bulk and not to constitute a sale of the Goods by sample.
4.2 The Customer shall take the Goods entirely at its own risk as to their corresponding with the said samples and subject to the normal variation between bulk
and sample accepted by the trade.
5. Quotations
5.1 The Company reserves the right to cancel or withdraw any quotation without notice at any time before acceptance
5.2 A quotation issued by the Company does not constitute an offer to supply the Goods and any order supplied by the Customer following a quotation issued
by the Company shall not be binding on the Company unless and until accepted by the Company in writing.
6. Pricing
6.1 The price of the Goods excludes delivery and/or transport charges and insurance in transit and further excludes VAT and/or any other tax, duty or levy which
shall be added to the amount set out in the Company’s relevant invoice and paid by the Customer. Charges in respect of delivery and/or transport costs and
insurance if any shall be separately charged.
6.2 All prices quoted are these ruling at the date of the Company’s estimate and the Company shall be entitled to increase the price of the Goods to reflect any
increase in the cost of raw material., rates of wages, overhead costs, any currency fluctuations affecting the cost of importing materials and/or any other kind
of increased costs incurred by it or made to take account of change in exchange rates or any other increased tariffs, import charges or taxes.
6.3 Prices quoted only apply if the full quantity quoted is ordered.
7. Delivery Risk and Insurance
7.1 Time for delivery is not of the essence of this Contract.
7.2 Estimates as to time of delivery are made by the Company in good faith and every effort will be made to adhere to this but the Company shall not be under
any liability whatsoever for the consequences of any delay.
7.3 Delivery to the Customer is complete and effected when the Goods are unloaded from transport to the Customer’s premises or on to the Customer’s vehicle
and the risk then passes entirely to the Customer who shall then be solely responsible for effecting its own insurance.
7.4 The Company reserves the right to charge for storage of the Goods and until delivery of the Goods, such storage shall be wholly at the Customer’s risk
7.5 In the event of the Customer not having taken delivery within two months from the end of the stipulated period, the Company reserves the right to rescind
this Contract and to recover all and any losses arising therefrom from the Customer
7.6 In any event, no claim in respect to damaged Goods can he admitted by the Company unless notified within three days of the date when the relevant Goods
are delivered.
8. Instalment Delivery
Where Goods are to be delivered by instalments and/or the Services are to be provided in stages and the Customer either fails to accept delivery and/or allow
performance when due or defaults in making payment when due then in either case the Company my cancel any or all subsequent deliveries and/or
performances and the Customer shall compensate the Company in full for any loan or expense arising from such cancellation
9. Carriage of Goods
Where the Company undertakes delivery of the Goods it does not accept responsibility in any way and shall therefore be under no liability whatsoever for any
damage, shortage or loss in transit unless the damage, shortage or loss is notified in both to the
Company and to the carrier within 24 hours of receipt of the goods (or such lesser period as the carrier’s terms may provide) or the scheduled date of receipt
and the Goods have been handled by the Customer in accordance with both these Conditions and the carrier’s conditions of trade.
10. Passing of Property
10.1 The Goods shall remain the Company’s property until the Customer has paid for them in full. Until that time the Customer shall hold the Goods as bailee
store them in such a way that they can be identified as the Company’s property and shall keep them separate from the Customer’s own property and the
property of any other person.
10.2 Although the Goods remain the Company’s property until all of them are paid for, they shall be at the Customers risk from the time of delivery (in
accordance with clause 7.3 herein) and the Customer shall insure them against loss or damage accordingly
10.3 The Customer’s right to possession of the Goods shall cease if: -
10.3.1 The Customer has not paid for the Goods in full by the expiry of any credit period allowed by this Contract, or if
10.3.2 The Customer in declared bankrupt or makes any proposal to its creditors for a composition or other voluntary arrangement or if
10.3.3 A receiver, liquidator or administrator in appointed in respect of the Customer’s business
10.4 On cessation of the Customer’s right of possession of the Goods in accordance with this clause, the Customer shall at his own expense make the Goods
available to the Company and allow the Company to repossess them.
10.5 The Customer hereby grants the Company, its agents and employees an irrevocable license to enter any premises where the Goods are stored to repossess
them or inspect them at any time and an irrevocable license to dismantle (or take any other steps as are necessary in relation to) any item whatsoever of which
the Goods are now constitute part.
11. Payment and Credit Terms
11.1 Payment for the Goods is due within 30 (thirty) days from the date of their dispatch.
11.2 Where credit terms are agreed, the Company my at its absolute discretion cancel this Contract at any time after acceptance if in its opinion the Customer’s
credit rating is unsatisfactory or if the Customer is more than the Company’s published or agreed credit terms the Company shall be under no liability
whatsoever arising out of any such cancellation.
11.3 Whilst any monies remain unpaid under this Contract after the due date for payment, the Company reserves the right to refuse to commence or continue
with any subsequent or prior order from the Customer and the Company shall be under no liability whatsoever for any such refusal.
11.4 The Company shall be entitled to charge interest at the monthly rate of 4 per cent above the base rate from time to time of HSBC Bank Plc on all overdue
accounts from the due date for payment until the actual date of payment.
11.5 The Company shall be entitled to bring an action in respect of the price of the Goods whether or not the property in the Goods has passed to the Customer
and shall, also be entitled to recover any legal costs and any other costs and disbursements whatsoever incurred in recovering payment due under this clause
11 and which not made in accordance with the time period stipulated in sub-clause 11.1 above.
12. Liability
12.1 The Company’s’ total liability for any one claim or for the total of all claims arising from any one act or default of the Company (whether arising from the
Company’s negligence or otherwise) shall not exceed the contract price payable under this Contract.
12.2 Under no circumstances does the Company accept any liability: -
12.2 .1 For any loss or damage to Goods or materials after they have left the Company’s premises, unless delivered by transport provided by the Company. In
any event, notice of any damage shortage or fault in relation to the Goods must be given to the Company and to the carriers concerned immediately upon
delivery. Non delivery of any of the Goods must be notified to the Company and to the carriers within 24 hours of dispatch; and
12.2.2 For any consequential loss, damage or injury to property or persons directly or indirectly attributable to either the Goods any materials or any works
supplied or carried out by the Company.
12.2.3. For loss arising out of the loss or corruption of data held on any Goods or other equipment belonging to or in the possession of the Customer.
13: Rental / Hire.
13.1 DSF Distribution Ltd retains ownership of the Equipment. The Hirer acknowledges that the Equipment always remains the property of DSF Distribution Ltd.
The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.
13.2 The rental contract term is a minimum of 12 months, thereafter a rolling monthly contract prevails.
13.3 The replacement cost in the event the equipment is lost or stolen will be the full trade price of the equipment less a deduction of 75% of the accrued rental
charges paid. The rental agreement does not have a buy-out or purchase option.
13.4 At the end of the agreement, the hirer must return the equipment in a clean and working condition.
13.5 All rental payments are in advance by Direct Debit.
14. Force Majeure
14.1 The Company shall be under no liability whatsoever whether for late delivery of or failure to deliver the Goods or otherwise to the extent that such failure
results from any cause beyond the control of the Company including without limitation acts of God, fire, flood, embargoes, labour troubles, war, inability to
obtain materials, equipment, transport or services of supply. Upon the happening of such an event the Company shall notify the Customer thereof and shall
be relieved from any liability arising, but the Customer shall be liable to pay to the Company any costs which the Company may have incurred directly or
indirectly prior to the happening of such event and any repayments which may have been made to the Company under this Contract shall be applied towards
satisfaction of such sums.
15. Accuracy
While the company believes the information in its publications to be accurate and reliable, it accepts no liability in negligence or otherwise whatsoever in
respect of any inaccuracies or omissions in any such information or of any consequences whatsoever arising from or in connection with the use of such
information.
16. Website Use & Links
16.1 Access to and use of the Sellers websites are subject to these Terms and Conditions. The Buyer agrees that use of these website services is entirely at the
risk of the Buyer.
16.2 By using the Sellers websites the Buyer agrees not to attempt to undermine the web site's functionality and integrity.
16.3 The Sellers websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
17. Data Protection
We are using the information we hold on you to keep you informed about new products and services, which we hope you will find of interest. Please refer to our
Privacy Policy for further details. However, if you do not wish to receive any further information from us, please let us know by contacting the sales department
at DSF Distribution Ltd by writing to us at Shaw Cross Court, Shaw Cross Business Park, Dewsbury, WF12 7RF, or telephoning 01777 801 450
18. Trademarks and Reproduction
The company recognise all registered trademarks. All images are used with permission but because of reproduction colours and sizes may vary from the
originals.
19. Copyright
The DirectShopfittings catalogue ©. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, whether
electronically, mechanically or otherwise, without the prior written permission of DSF Distribution Ltd.
These terms and conditions need to be read in conjunction with our privacy policy.
PRIVACY NOTICE.
What Information Do We Collect?
When you place an order with us, request a catalogue or price book we need to know your name and other information such as your postal address, e-mail
address, telephone number. We gather this information to allow us to process your request.
The relevant information is then used by us, our agents and sub-contractors to provide you with the service you have requested and to communicate with you
on any matter relating to the provision of the service in general.
We may also use aggregate information and statistics for the purposes of monitoring web site usage to help us develop our web site and our service and may
provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
We and our group companies may also wish to provide you with information about special features of our web site or any special service or products which we
think may be of interest to you.
We may provide this information by post, text message or email. If you would rather not receive this information, please send an e-mail to us at
accounts@directshopfittings.co.uk stating your preferences.
Access to The Information We Hold About the Data Subject.
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all your personal information, please contact us at the address below.
Amend or deletion of Information about the Data Subject
You may without undue delay request the amendment or deletion of personal data concerning you, and DSF Distribution Ltd shall update or delete the personal
data without undue delay when one of the following applies:
Amendment.
a: We will amend the data if you advise us that the data is inaccurate.
Deletion.
a: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
b: if you withdraw your consent on which the processing is based, and where there is no other legal ground for the processing.
c: if you object to the processing in case the processing is for direct marketing purposes.
d: if the personal data have been unlawfully processed; or
e: if the personal data must be erased for compliance with a legal obligation in EU or national law.
You cannot request deletion of data that has to be held by us for accounting or our compliance due to legal regulations.
Your Consent
By submitting your information, you give your consent to the use of that information as set out in this Privacy Policy. If we change our Privacy Policy, we will post
the changes on our web site, so that you may be aware of the information we collect and how we always use it.
Use of our website will signify that you agree to any such changes. We will continue to abide by and apply the data protection and data security laws and
principles as set out by the European Union.
Links to Other Websites
Our web site may contain links to third-party web sites or services that are not owned or controlled by DSF Distribution Ltd
DSF Distribution Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
You further acknowledge and agree that DSF Distribution Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
EU General Data Protection Regulations (GDPR)
The processing of your data is either based on your consent or in case the processing is necessary for the performance of a contract to which you are a party,
or to take steps at your request prior to entering a contract, cf. GDPR art. 6(1)(a)-(b).
If the processing is based on your consent, you may at any time withdraw your consent by contacting us using the contact information below.
To enter a contract regarding the purchase of Services or Products, you must provide us with the required personal data. If you do not to provide us with all the
required information, it will not be possible to deliver the Service or Product.
Children’s Online Privacy Protection Act Compliance
DSF Distribution Ltd follows the requirements of the Children’s Online Privacy Protection Act. We will not intentionally collect any information from anyone
under 13 years of age. Our website, products and services are all directed at people who are at least 13 years old or older.
Personal Data Breach Notification.
If your data is compromised, DSF Distribution Ltd will notify you and competent Supervisory Authority(ies) within 72 hours by e-mail with information about the
extent of the breach, affected data and DSF Distribution Ltd action plan for measures to secure the data and limit any possible detrimental effect on the data
subjects.
"Personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to,
personal data transmitted, stored or otherwise processed in connection with the Services we provide.
Changes to Our Privacy Policy.
displayed.
If we decide to change our Privacy Policy, we will post these changes on the Privacy Policy page of our website. The date of the last modification will also be
Telephone Calls
Calls may be recorded for quality monitoring and training purposes.
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