Terms and Conditions

These Terms and Conditions shall apply to the purchase of the goods detailed overleaf (“Goods”) by you (“Buyer”) from Sychem Ltd a company registered in the United Kingdom under number 4698955 whose registered office is at Sutherland House, 1759, London Road, Leigh-on-Sea, Essex, SS9 2RZ (“Seller”).

Please read these Terms for Buyers carefully and ensure that you understand them before purchasing anything on Our Online Shop. You will be required to read and accept these Terms for Buyers when ready for checkout. If you do not agree to comply with and be bound by these Terms for Buyers, you will not be able to purchase anything on Our Online Shop.

Interpretation

Access to and Use of Our Site

• Access to Our Site is free of charge.
• It is your responsibility to make any and all arrangements necessary in order to access Our Site.
• Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
• Use of Our Site is subject to Our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

Age Restrictions

• Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

Business Customers

These Terms & Conditions do not apply to customers purchasing Goods in the course of business.  If you are a business customer, please contact [email protected]

International Customers

Please note that We only sell to customers in the United Kingdom.  We do not accept orders from, or deliver to, customers outside the United Kingdom.

Online Shop

• We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
  • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
  • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
• Where appropriate, you may be required to select the required size, model, of the Goods that you are purchasing.
• We cannot guarantee that Goods will always be available. Stock indications are not always provided on Our Site.
• Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
• We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
• All prices on Our Site are excluded of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
• Delivery charges are not included in the price of Goods displayed on Our Site.  Delivery options and related charges will be presented to you as part of the order process.

Price

The price (“Price”) of the Goods shall be that set out in the Seller’s price list current at the date of the Buyer’s order or such other price as may be agreed in writing between the Seller and the Buyer.  The Price shall be confirmed in the quotation.

If the cost of the Goods to the Seller increases due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, the Seller reserves the right to increase the Price prior to delivery.

Any increase in the Price shall only take place upon the Seller informing the Buyer of the increase in writing.

The Buyer may be entitled to discounts (Online Coupons) subject to and in accordance with any details set out in the Seller’s price list current at the date of the Buyer’s order or as may be agreed in writing by the Seller and the Buyer.  The Buyer shall not necessarily be entitled to a discount.  Any and all discounts shall be at the discretion of the Seller and detailed within the order.

Orders – How Contracts Are Formed

• Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
• If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
• No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you. If at any time the Seller is not satisfied as to the creditworthiness of the Buyer it may give written notice to the Buyer that no further credit will be allowed to the buyer in which case no further goods will be delivered to the Buyer other than against cash payment.
• Order Confirmations shall contain the following information:
  • Your Order Number;
  • Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
  • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
  • Estimated delivery date(s).
• We will also include a paper copy of the Order Confirmation with your Goods.
• In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible.
• Any refunds due under this Clause will be made using the same payment method that you used when ordering the Goods.

Payment

• Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
• We accept the following methods of payment on Our Site:
  • Direct Transfer to Our Bank Account;
  • Credit/Debit Card through Square;
  • Paypal Secure Checkout;
•  All payments must be made in GBP £ unless otherwise agreed in writing between the Seller and the Buyer.

Delivery

The Seller shall arrange for the delivery of the Goods on or as near as reasonably possible to the delivery date detailed in this quotation to the address specified in the Buyer’s order or to another location as agreed in writing between the Seller and the Buyer. If no delivery date is detailed then the goods will be delivered as soon as available.

If no delivery address is specified by the Buyer or if it is so agreed between the Seller and the Buyer, the Buyer shall collect the Goods from the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.

Subject to the specific terms of any special delivery service, delivery may take place at any time of the day and must be accepted at any time of the day.

If the Buyer fails to take delivery of the Goods the Seller may, at its discretion and without prejudice to any other rights:

• store or arrange for the storage of the Goods and shall charge the Buyer for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
• make arrangements for the redelivery of the Goods and shall charge the Buyer for the costs of such redelivery.

If redelivery is not possible, the Buyer shall be required to collect the Goods from the Seller’s premises and shall be notified of the same.  The Seller reserves the right to charge the Buyer for all associated costs including, but not limited to, storage and insurance.

If the Seller fails to deliver the Goods on the delivery date other than for reasons beyond its control, the Buyer may give written notice to the Seller within 24 hours after the delivery date requiring the Seller to deliver the Goods within 48 hours of that notice (“Notice Period”).

If the Seller receives no notice from the Buyer, it shall have no liability in respect of late delivery provided that it delivers the Goods at any time after the delivery date.

Inspection of Goods

The Buyer shall be under a duty to inspect the Goods on delivery or collection.

If the Goods cannot be examined, the carriers note or such other note as appropriate must be marked “not examined”.

If the Buyer identifies any damage or shortages it must inform the Seller in writing within 24 hours of delivery, providing details of the alleged damage or shortage.  The Seller shall be under no liability if the Buyer fails to provide such notice.

The Seller must be permitted to inspect the affected Goods before the Buyer uses, alters or modifies them in any way.

Subject to the Buyer’s compliance with this Clause and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all damage and shortages within a reasonable time.

The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.

Returns

Goods may not be returned without the prior written agreement of the Seller.

The Seller shall only accept returned Goods if it is satisfied that those Goods are defective and that such defects would not be apparent on inspection.

The Seller shall have the option of either replacing defective Goods within the lead time quoted at the time of receipt of them or shall refund to the Buyer the Price for those Goods which are defective.

The Buyer may return any Goods within 30 days of delivery provided that:

(a) the Buyer bears the risk and cost of returning the Goods;

(b) the Buyer indemnifies the Seller against any costs incurred in rectifying any deterioration of the Goods resulting from the Buyer’s incorrect handling or storage of the Goods.

(c) the Buyer pays a restocking fee of 20% for any items requiring return notwithstanding the additional detail as referred to in sub clause 9.4 (b)

The Seller shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by the Seller, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.

Risk and Title

Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer or when the Seller notifies the Buyer that the Goods are ready for collection.

If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.

Legal and beneficial title in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.

The Seller reserves the right to repossess any Goods in which the Seller retains legal and beneficial title if full payment is not received in accordance with Clause 6.  In the event of such repossession the Buyer shall deliver the Goods in which legal and beneficial title has not passed to the Seller at its own cost.

The Buyer’s right to possession of the Goods in which the Seller retains legal and beneficial title shall terminate if:

(a) the Buyer commits a material breach of its obligations under these Terms and Conditions;

(b) the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;

(c) the Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

(d) the Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.

Rights, Warranties and Liability

Subject to these Terms and Conditions and except where the Buyer is purchasing the Goods as a consumer, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

The Seller shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.

The exclusions of liability contained within this Clause 11 shall not exclude or limit the liability of the Seller:

(a) for death or personal injury caused by the Seller’s negligence;

(b) for any matter for which it would be illegal for the Seller to exclude or limit its liability; and

(c) for fraud or fraudulent misrepresentation.

The warranty period on the equipment quoted is 15 months from date of delivery or 12 months from beneficial use. (beneficial use means completion of commissioning & any applicable validation).

Communications

12.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

12.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

(c) on the fifth business day following mailing, if mailed by national ordinary mail; or

(d) on the tenth business day following mailing, if mailed by airmail.

12.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

Complaints and Feedback

• We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
• All complaints are handled in accordance with Our complaints handling procedure.
• If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
  • By email, addressed to Sales Team at [email protected];
  • By contacting Us by telephone on +44 (0)845 644 6824.

How We Use Your Personal Information (Data Protection)

• All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
• We may use your personal information to:
  • Provide Our Goods and services to you;
  • Process your Order (including payment) for the Goods; and
  • Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
• In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
• We will not pass on your personal information to any third parties without first obtaining your express permission.

Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

Law and Jurisdiction

These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.