Terms and Conditions
These terms and conditions form an integral part of every contract or agreement for the sale and/or supply of any goods and/or services (“the products”) by SHS HANDLING SOLUTIONS LTD (SHS). Unless specific alterations or deletions are expressly agreed in writing on behalf of SHS, these conditions shall apply in their entirety to all quotations made and all orders accepted on behalf of SHS.Except as provided above, no servant, agent or employee of SHS has any authority to vary these terms and conditions or to accept other terms and conditions proposed by a customer which are inconsistent with these terms and conditions unless confirmed in writing.
1. Payment Terms
(1) Unless otherwise agreed accounts are due and become payable not later than 30 days from delivery of SHS’s invoice. Where no account facilities are held “the products” are supplied on payment by cash, cheque, credit card or debit card. (Not American Express).
(2) Unless otherwise specifically stated the purchase price is deemed to exclude Value Added Tax and this will be added where applicable. All prices quoted are liable to VAT standard rate as at the date of purchase.
(3) Interest of 8% above Bank of Scotland base rate may be charged on all overdue monies and charged monthly. Overdue accounts may be passed to a third party collection service for collection and will attract a £35.00 surcharge.
(4) SHS reserve the right to suspend or terminate supply and credit facilities if payment by any customer is in default
(1) SHS will endeavour to comply with any delivery date quoted but delivery dates are given and intended as an estimate only and should there be any circumstances whatsoever which delay or prevent delivery, SHS will not be bound to supply or make delivery of any goods ordered nor shall be liable for any damage or consequential loss or in any other way for failure to supply or delay in delivery when so prevented or delayed.
(2) All delivery costs will be charged extra unless otherwise agreed.
(3) All goods must be inspected immediately on arrival before signature for any consignment. Any consignment signed for is deemed to have been delivered in perfect condition unless otherwise documented at the time of delivery. Under no circumstances shall SHS be liable for damage to or from any consignment unless SHS is notified in writing within three working days from receipt of any goods or in the case of non-delivery unless notice is given within seven days from the due date of arrival.
3. Returned Goods
(1) SHS will not accept the return of goods for any reason unless prior agreement has been received from SHS. Collection of goods will be made only with valid collection logistics.
(2) Goods returned that are not required after ordering will incur a handling & restocking charge of 15% of the net value of those goods. Any collection costs will also be charged.
(3) Goods returned for exchange for a different size, style or model will incur a handling & restocking charge of 10%. Any collection costs will be charged.
4. Risk And Title
(1) It is a condition of the contract that the property in all the products delivered by SHS to the customer shall remain vested in SHS until SHS has been paid in full with cleared funds in payment for the products delivered and all products agreed to be sold by SHS to the customer for which payment is then due.
(2) Until payment due under all contracts between the Customer and SHS has been made in full the Customer shall Hold the products upon trust for SHS.
(3) Until such time as the property in the products passes to the Customer, the Customer shall hold the products as the Company’s fiduciary agent and bailee and shall keep the products separate from those of the Customer and third parties and properly stored, protected and insured and identified as property belonging to SHS.
(4) Notwithstanding that the property in all products to be delivered to the Customer by SHS shall remain vested in SHS until SHS has received payment in full, the risk of damage to or loss of all or any such products shall pass to the Customer forthwith upon delivery or deemed delivery thereof to the Customer and as from such site of delivery or deemed delivery the Customer shall be liable to pay SHS the Contract price for such products whether or not the same are damaged or lost prior to this dates that the property therein shall pass to the Customer.
(5) Until such time as legal title in the goods passes to the purchaser SHS may at any time require the Purchaser, it’s liquidator, (administrative) receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.
Warranty And Limitation Of Liability
(1) Save as is specifically set out herein SHS shall have no liability whatsoever (however arising) in relation to any loss suffered.
(2) If loss, damage or deterioration (other than death or personal injury) is caused by SHS’s negligence, SHS’s liability shall be limited to the invoice value of the goods.
(3) The employees of SHS are not authorised to make oral representations as to the quality of fitness for any particular purpose of any products. If a representation is made or an opinion expressed orally which materially affects the Customer’s decision to place an order for any products the Customer shall ensure that such details are confirmed in writing by a duly authorised officer or employee of SHS so as to form a part of the contract; no liability can otherwise be accepted.
(4) SHS shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform, any of SHS’s obligations in relation to the products, if the delay or failure was due to any cause beyond SHS’s reasonable control.
The rights of SHS shall not be prejudiced or restricted by any indulgence or forbearance extended by SHS to the Customer and no waiver by SHS in respect of any breach shall operate as a waiver in respect of any subsequent breach.
These conditions shall be governed by, and construed in all respect in accordance with English Law.
Prices may have to be increased to meet world commodity costs at any time
9. Online Dispute Resolution
Should you have any concerns regarding our service, please contact Bill Dunn on [email protected] For more information on the Online Dispute Resolution, please visit http://ec.europa.eu/consumers/odr