Conditions of Sale
The following terms and conditions only will apply where an order is accepted without submission by us of a quotation or agreed contract of supply.
2. SPECIAL CONDITIONS
In the event of the customer’s order form containing special printed conditions, the order for the goods will only be accepted by us on the understanding that those conditions are not at variance with our own, or have been waived by the customer.
From list price at the time of dispatch, regardless of order date, unless by prior written agreement.
4. All accounts are strictly net unless stated otherwise and they are due for payment by the 30th day of the calendar month following the dispatch of the goods.
4.1 For Web Sales payment will be made by card at point of ordering.
5. Defective materials or workmanship will be replaced on return of the goods carriage paid to KES at the customers risk within one month of the date of dispatch, and this liability to replace such goods as a foresaid shall be KES’s sole liability in the event that the goods do not correspond to sample or description or are unfit for their particular purpose.
6. Under no circumstances whatsoever will any liability be accepted for damages or consequential loss arising on connection with any goods or material of any description supplied by KES except as stated in clause 5.
7. DELIVERY DATE
Delivery dates are given in good faith and as accurately as possible, but are not guaranteed. During our busiest times there may be delays, so please order in plenty of time, and do indicate any critical delivery dates.
7.1 For Web Sales orders will be dispatched via TNT and a consignment number will be emailed to the customer. Orders placed before 3pm will where possible be delivered the next working day.
Shortages from packages must be notified to us in writing and to the carriers within 3 days of delivery. Relevant Order No. and Invoice No. must be quoted.
9. DAMAGE IN TRANSIT
We will repair or replace free of charge any goods damaged in transit provided the carrier and ourselves receive written notification of such damage within three days of delivery but not otherwise and provided nothing had been done or left undone by the customer which might invalidate any claim we have on the carriers. Relevant Order No and Invoice No must be quoted.
10. CREDIT ACCOUNTS
Application for credit Accounts must be accompanied by two relevant trades reference and one Bankers reference.
11. RETURNS POLICY
For faulty or incorrectly supplied goods please contact KES within 24hours, we will issue a returns reference and arrange the return. For web sales, if you have changed your mind about your order you can return the goods for a refund, exchange or credit note. In accordance with The Electronic Commerce (EC Directive) Regulations 2002. For sales on account, KES must be contacted to agree any returns, where by a returns reference will be issued. Goods returned without a valid returns reference will not be eligible for refund, exchange or credit.
Goods returned must be un-used and un-damaged including not exposed to water and where applicable returned in manufactures or original packaging with the delivery note or invoice.
You must return the goods at your own expense, and if required be able to provide proof of dispatch. We recommend you use a Recorded Delivery service to return any goods.
Please use the Returns Form when sending any goods back. (Click here to download)
Refunds will be actioned on receipt of goods, by the same method as the original payment.
KES do not disclose buyers’ information to third parties. Details will be kept securely, protected from mis-use, loss, unauthorized access, modification or disclosure. Buyers’ information may be kept in order to provide a more personalized service, to deliver goods or service, to contact you or to let you know of any special offers or products which may be of interest to you. KES may disclose your details to the Government or Associated Organisation as required by law.
13. RETENTION OF TITLE
The goods shall remain the sole and absolute property of the Company until such time as the buyer shall have paid to the Company the purchase price together with the full price that is outstanding of any other goods the subject of any other the subject of any other Contract between the buyer and the Company. The buyer acknowledges that he is in possession of the goods solely as bailees for the Company until such time as the full price is paid thereof to the Company together with the full price outstanding of any other goods that subject of any other Contract between the Company and the buyer. The buyer agrees that until such times as he becomes the owner of the goods, he will store them in a manner which makes them readily identifiable as the goods of the Company. The buyer’s right to possession of the goods shall cease if he, not being a Company commits an act of Bankruptcy or if he, being a Company does anything or fails to do anything which would entitle the Receiver to take possession of any assests or which would enable any person to represent a petition for winding up. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and they repossess the same.
14. Subject to the terms hereof the buyer is licensed by the Company to agree to sell on the Company’s good subject to the express condition that such an agreement to sell shall take place as agents and bailees for the Company whether the buyer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and shall be at all times identifiable as the Company’s monies. If the buyer has not received the proceeds of any such sale he may be called upon to do so by the Company and will within seven days thereof assign to the Company all rights to payment against the person or persons to whom he has supplies the Company’s goods. All invoiced goods remain the property of KES until payment is received in full.
15. EVENTS OUTSIDE OUR CONTROL
We shall not be liable to you or be deemed to be in breach of any contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to these Terms and Conditions if the delay or failure was due to any events outside our reasonable control including without limitation a technical failure of the internet, act of God, explosion, flood, fire, epidemic, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of the Governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving employees or those of a third party). Inability or delay in obtaining supplies of adequate or suitable material, fuel, part, machinery or labour.
Value added tax is not included in the price. Delivery costs and all VAT at the current rate will be displayed at checkout.
This policy is governed by and constructed in accordance with English Law and the English Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
We reserve the right to make changes to this policy without prior notice.
Contact us –
Tel: 02380 704 703
Fax: 02380 701 430
KES Power & Light Ltd
Registered in England – No. 2587961
VAT Registration – GB 568 3570 08