1.1 In these Conditions:
- “Purchaser” means the person or organisation who supplies their banking/credit/debit card or mobile payment details for the purpose of acquiring Goods from the Company via internet, telephone or direct order.
- “Goods” means the products or service (including any instalment of the Goods or any parts for them) which the Company is to supply in accordance with these Conditions.
- “Company” means KLT Filtration Ltd. acting as manufacturer, authorised distributor, agent or not.
- “Conditions” means the standard Terms and Conditions of sale in respect to Goods offered for sale on the internet, telephone or direct order and shall not refer to any other Goods either in fact or implication.
- “Contract” means the statutory contractual obligation to arrange the supply of Goods to the purchaser.
- “Writing” includes email, letter, telex, cable, facsimile transmission and comparable means of communication.
- “Changes” – means changes in writing on the Company’s formal headed paper, or by electronic means, such that publication of the said changes is made on the Company’s website clearly displayed at the relevant place upon the said web site.
- “Secure Server” – means the electronic means by which banking/credit/debit card or mobile payment details are taken and protected when proffered for payment for goods or services on the Company’s internet website.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.0 BASIS OF THE SALE
2.1 The Purchaser agrees that these terms and conditions shall be the only terms and Conditions that shall apply to the sale of goods or services on the Company’s website, by telephone or direct order at the time of purchase. No other terms or conditions may be applied or included therein for any purpose whatsoever.
2.2 The Company reserves the right to make Changes or variations to the Conditions these shall be made by the Company in writing or by electronic means where they shall be clearly displayed on the Company’s website.
2.3 Statements in respect of any part of the goods or services sold where the Company acts as the registered distributor for a third party manufacturer or supplier are entirely the responsibility of the said third party manufacturer and may not be regarded as being necessarily the opinions of the Company, its agents or representatives.
2.4 The Company reserves the right not to supply goods where the destination of the said goods are or are believed to be in a country or territory the subject of a trade embargo instituted by the government of the United Kingdom, wheresoever the said country or territory might be situated.
2.5 The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in Writing. In entering into the Contract the Purchaser acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.6 Any description contained in the Company’s catalogues, samples, price lists or other advertising material is intended mainly to present a general picture of the Company’s products and shall not form a representation or be part of the Contract.
2.7 Any advice or recommendation given by the Company or its employees or agents to the Purchaser as to the storage, application or use of the Goods which is not confirmed in Writing by the Company is followed or acted upon entirely at the Purchasers own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.8 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
3.0 PRICE OF THE GOODS
3.1 Prices published for Goods or services proffered for sale on the Company’s website, by telephone or direct order are deemed to be correct at the time of entry, but the Company reserves the right to change prices by notification in writing or by electronic means where instructed to do so by a third party manufacturer/supplier or as the result of circumstances deemed to be beyond the control of the Company.
3.2 Prices may fluctuate by virtue of variations in foreign exchange rates, alteration of duties, increased costs of labour, materials or other costs of manufacture and such variation shall not be bound by the conditions at 3.1 of this agreement. Such fluctuations may be applied without prior notice but shall be applied at the first possible opportunity in any event.
3.3 All prices shall include Value Added Tax at the rate appropriate to current UK and EU legislation.
3.4 The Purchaser shall be responsible absolutely for the payment in full of any and all duties or taxes that might be charged for the purposes of import into a foreign country or territory by the government or appropriate authority of the said country or territory.
3.5 In respect of Goods to be delivered to the Purchaser the price includes using the Company’s normal packaging. Any special packaging of Goods requested by the Purchaser shall be an extra charge.
3.6 Damage or shortage of Goods at delivery shall be reported to the Company within 48 hours of receipt of Goods at the Purchasers premises. Non-delivery of Goods shall be reported within 10 days of the date of dispatch as notified to the Purchaser in advance notices.
4.0 ORDERS AND SPECIFICATIONS
4.1 No order submitted by the Purchaser shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Company in the form of an order acknowledgement. Goods and services shall be ordered by means of the Company’s Secure Server from the Company’s website on the internet, by telephone or direct order.
4.2 The Purchaser shall be responsible to the Company for ensuring the accuracy of the terms of any order (including details of a Purchaser’s credit/debit card, address or e-mail identification and any applicable specification) submitted by the Purchaser, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
4.3 The quantity, quality and description of the Goods shall be set out in the Company’s quotation (if accepted by the Purchaser) or the Purchaser’s Order (if accepted by the Company). The specification for the Goods shall be in accordance with:
- The current edition of the relevant product description leaflet as published from time to time by the Company and;
- Any further specifications or descriptions (if any) expressly listed or set out on the face of the order. No other specification shall form part of or be incorporated by reference into this Contract.
4.4 The Company reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.
5.0 TERMS OF PAYMENT
5.1 Where the Company provides the appropriate facilities payments should be made using credit/debit card or mobile payment. Direct bank transfer may be used for direct sales from the Company.
5.2 Goods will be dispatched upon payment and a receipt of payment will be issued to the Purchaser.
5.3 If the Purchaser fails to make any payment then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
- cancel the purchase and suspend any deliveries to the Purchaser;
- appropriate any payment made by the Purchaser to such of the Goods as the Company may think fit (notwithstanding any purported appropriation by the Purchaser).
6.0 CANCELLATION OF ORDERS /RETURNS/REFUNDS
6.1 Orders may be cancelled in Writing to the Company and Goods returned provided cancellation is made by the Purchaser within 14 days of the receipt of Goods.
6.2 Goods returned shall be in appropriate and secure packaging such that they are undamaged and in a saleable condition upon receipt by the Company.
6.3 Goods should be returned to the Company within 14 days of making the written cancellation.
6.4 Orders may not be cancelled where Goods made to order or clearly personalised.
6.5 Goods should be returned using a registered or tracked service (postal or courier service) such that the Goods are signed for upon receipt by the Company to show proof of delivery.
6.6 The Purchaser will bear the cost of the return of Goods.
6.7 If damage occurs during the return then the cost of rectifying the damage shall be deducted from the refund and the Purchaser informed with supporting evidence.
6.8 Cancellation of an order placed using a banking/credit/debit card or mobile payment details may only be affected on terms that the Company shall not be liable for any loss, costs, damages, charges and expenses incurred by the Purchaser as a result of cancellation.
6.9 Refunds in the case of cancellation will be withheld until the company is in receipt of Goods. The refund will be made in full less the cost of any damage to the Goods and include the cost of the standard initial delivery of the Goods.
6.10 Refunds will only be made directly to the Purchaser’s account by electronic banking means and will not be made in cash or by cheque or by banker’s order at any time or for any reason whatsoever.
6.11 Refunds will be made within 14 days of receipt and assessment of the return.
7.0 WARRANTIES AND LIABILITY
7.1 Subject to Conditions set out below, the Company warrants that the Goods will correspond with their specifications quoted at the time of delivery and will be free from defects in material and workmanship for a period of six months from delivery.
7.2 The above warranty is given by the Company subject to the following Conditions:
- The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;
- The Company shall be under no liability under the warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid;
- The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Purchaser shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company;
- The Goods are returned in the state that they were delivered (where damage has occurred during the delivery, shipping photographic records should be maintained). Goods for return should be correctly packed such that there is no further deteriorate in the return shipping.
7.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, Conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.4 Any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Company in Writing within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Purchaser does not notify the Company accordingly, they shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company’s sole discretion, refund to the Purchaser the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Purchaser.
7.6 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Purchaser by reason of any representation, or any implied warranty condition or other term or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Purchaser except as expressly provided in these Conditions.
7.7 The Company shall not be liable to the Purchaser or be deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control.
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
- Difficulties in obtaining raw materials, labour, fuel, parts of machinery;
- Power failure or breakdown in machinery.
8.0 WARRANTIES REFUNDS
8.1 The Company shall have liabilities as stated at the time of purchase in respect of Goods or services supplied where the said goods or services shall originate from the Company.
8.2 Goods returned for the purposes of warranty refund must be in the condition of sale.
8.3 Payment and credit note:
- Full refund payment shall be proffered by means of a credit/debit card as specified at the time of order.
- The Company shall proffer a credit note by email or mail, a single copy only shall be sent, and further copies will be made available by request.
- Refund payments will be credited directly to the Purchaser’s account after receipt and inspection of returned Goods.
9.0 FRAUD PROTECTION
9.1 The Company reserves the right to employ the use of fraud protection services in respect of all credit/debit card transactions and all applications must pass in full any and all fraud protection checks that the Company might from time to time employ prior to goods being dispatched or services being applied.
9.2 Any transaction where a credit/debit card shall fail to meet the requirements of the fraud protection scheme employed by the Company shall be declared void and no debit shall be made from the said account.
9.3 Where a transaction shall fail fraud protection, Purchasers may be offered alternatively methods of payment at the discretion of the Company absolutely.
9.4 Where an attempted transaction is made that is deemed to be deliberately fraudulent in its nature, the Company shall reserve the right to prosecute in every case.
9.5 The giving of false or malicious information on to the Company’s Secure Server shall be deemed to be reason for the Company to prosecute without exception.
10.1 Goods will be dispatched immediately, or as soon as is practical, upon confirmation of receipt of payment and fraud protection conditions.
10.2 Any dates quoted for dispatch of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused.
10.3 Goods dispatched directly from a third party fulfilment premises shall be the responsibility of the said third party absolutely and no liability for late or delayed delivery shall fall upon the Company howsoever such delay or late delivery might occur.
10.4 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the Contract as a whole as repudiated.
10.5 If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable control or the Purchaser’s fault, and the Company is accordingly liable to the Purchaser, the Company’s liability shall be limited to the excess (if any) of the cost to the Purchaser or similar Goods to replace those not delivered.
10.6 If the Purchaser fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Purchaser’s reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company, the Company may:
- charge the Purchaser the full price of the Goods;
- Store the Goods until actual delivery and charge the Purchaser for the reasonable costs (including insurance) of storage.
11.0 RISK AND PROPERTY
11.1 Risk of damage to or loss of the Goods shall pass to the Purchaser at the time of delivery or, if the Purchaser wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
11.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Purchaser until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Purchaser for which payment is then due.
12.0 PATENT AND COPYRIGHT
12.1 The Company asserts the right to copyright of all its products and designs. The purchaser shall not infringe copyright in any way whatsoever for any reason.
12.2 Goods which are the subject of patent protection both in Great Britain and elsewhere. The Purchaser shall not infringe patent in any way whatsoever for any reason.
12.3 Any infringement as described at 12.1 and 12.2 which shall be deemed as having been committed shall render the Purchaser responsible and liable to prosecution without notice.
13.0 EXPORT TERMS
13.1 Where the Goods are supplied for export from the United Kingdom, the provisions of clause 3.3 shall apply notwithstanding any other provision of these Conditions.
13.2 The Purchaser shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon and if the Purchaser fails to comply with such requirements the Purchaser shall (in addition to any other liability it may have to the Company) be liable to indemnify the Company in respect of any costs and expenses incurred by the Company in pursuance of the Contract.
14.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may be at the relevant time have been notified pursuant to this provision to the party giving the notice.
14.2 No waiver by the Company of any breach of the Contract by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.4 The Contract shall be governed by the laws of England and Wales and the parties hereto irrevocably submit to the jurisdiction of the English courts.
14.5 The Company reserves the right to sub-contract the whole or any part of the Contract