Ashby Logs is a trading name of Probox Systems LLP All Contracts of sale made by Probox Systems LLP (Partnership No. OC364687) Signal Hill, Lenborough Road, Gawcott, Buckingham, MK18 4BU are subject to these Terms and Conditions to the exclusion of any and all printed terms or conditions of THE PURCHASER (‘you’ and ‘your’) which shall not form any part of the contract.
These conditions cannot be varied, suspended or added to except with prior consent in writing from Probox Systems LLP (‘we’, ‘us’ and ‘our’).
DELIVERY AND RISK
- a) Time for delivery shall not be the essence of the contract.
b) The goods shall be at your risk from delivery to you or to any other carrier or agent acting on your behalf.
c) If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
LOSS OR DAMAGE IN TRANSIT
We will accept no liability for loss or damage in transit unless notice is given to us within three days of receipt of the goods by you and unless a complete statement of claim is received by us within seven days of receipt of goods by you. We cannot consider claims for damage or loss unless relevant consignment notes or delivery notes have been signed; ‘Damaged’ or ‘Missing’ or words to the same effect.
Discrepancies must be advised to us in writing within seven days of the Advice Note date. Claims outside this period cannot be considered. We must also be given the opportunity to inspect and re-count or re-weigh
Any goods returned and accepted by us as defective or not in accordance with the order shall be replaced but shall not form the subject of a claim for labour or other expenditure. Returned goods may attract a restocking charge.
Unless agreed separately and in writing by us, the price of the goods shall be the price ruling at the date of despatch together with any VAT or other government taxes as applicable.
We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards by completing the relevant details on the checkout page. By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order. We are not responsible for your card issuer or bank charging you as a result of our process of your credit/debit card payment in accordance with your order. We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be held responsible for any losses you may incur in transmitting information to us either by internet link or by email. Any such losses are entirely your responsibility.
RETENTION OF TITLE
Until payment in full has been received by us for all goods whatsoever supplied at any time to you;
- a) Property in the goods shall remain ours and you shall hold the goods as bailee on our behalf.
b) b) You shall, subject to (c) and (d) below, store the goods separately from other goods in your possession.
c) You shall be at liberty to sell the goods in the ordinary course of business on the basis that all proceeds of sale of such goods are our property for which you shall account on demand.
d) Notwithstanding that property in the goods has not yet passed, you may incorporate the goods in or together with any product manufactured or assembled by you in the ordinary course of your business. If you sell any such product before property in the incorporated goods has passed, you shall do so as our agent but your liability to account as agent for the proceeds of such a sale shall be limited to our invoice value of the goods so incorporated. If before property in the goods passes any of the goods are incorporated in or together with any products manufactured or assembled by you, you shall maintain records sufficient to enable such products to be identified, measured or otherwise quantified.
e) Your powers referred to in (c) and (d) above shall be determined: i) By written notice to you if any payment for any goods whatsoever remains unpaid fourteen days after becoming due to us. ii) Automatically if a receiver is appointed over any assets or undertaking of yours or a winding-up order is made against you or you go into voluntary liquidation or call a meeting or make any compensation or arrangement with your creditors or commit any act of bankruptcy.
f) Upon determination of your powers referred to in (c) or (d) above you shall place the goods at our disposal and we shall be entitled to enter your premises and remove any goods including any goods which may have been incorporated into other products or affixed to the realty.
REPRESENTATION AND WARRANTIES
- a) Goods are not sold or tested conforming to any British Standard Specification or as fit for any particular purposes unless we expressly so state in writing. Any term or condition of warranty that the goods are so fit is excluded.
b) You shall not be taken as relying on our skill or judgment with regard to the goods.
c) You shall not claim to rely upon representation unless made or confirmed in writing by us.
HEALTH AND SAFETY
You undertake for the purposes of the Health and Safety at Work Act, etc. 1974, that you will take all necessary steps to ensure so far as is reasonably practicable that the Goods will be safe and without risk to health when properly used and acknowledges that responsibility for compliance with any applicable health and safety or fire regulations upon the assembly and installation of the Goods shall lie entirely with you.
AGE REQUIREMENTS FOR SPECIFIC GOODS
When you place an order for age-restricted good such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
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 under these Terms and Conditions 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, any payments you owe us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
We shall not be liable, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or in any other manner for consequential or indirect loss of any nature suffered by you for special damages, loss of use (whether complete or partial) of the goods, or loss of profit or any contract. LEGAL The construction validity and performances of the contract shall be governed by English Law.
In processing your application for credit facilities we may make enquiries of credit reference agencies or other third parties who may record those enquiries (including enquiries about individual directors or shareholders). We may also disclose information about the conduct of your account with us to credit reference agencies or other third parties. The information obtained from or provided to credit agencies may be used when assessing further credit applications for credit terms, for debt collection, for tracing and for fraud prevention.