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Chemisphere Terms & Conditions of Sale - Chemipool 1. DEFINITIONS In these Conditions: "the Company" means CHEMISPHERE LIMITED (No. 1466084) whose registered office is at Sutton House, Capenhurst Technology Park, Capenhurst, Chester CH1 6EH "the Buyer" means any party who enters into a Contract. "Contract" means any contract between the Company and the Buyer for the supply of Goods. "Goods" means all or any goods supplied by the Company pursuant to a Contract. 2. CONDITIONS 2.1 All quotations are given, and all orders are accepted by the Company on these terms, which supersede any other terms for the supply of Goods provided by the Company and or those appearing in the Company's literature, and override and exclude any other terms stipulated or incorporated or referred to by the Buyer whether in the order or in any negotiations and in any course of dealing established between the Company and the Buyer. All orders hereafter made by the Buyer shall be deemed to be made subject to these terms. 2.2 No contract for the sale of the Goods shall be concluded until the Company has issued an "Order Acknowledgement" form. 2.3 The Buyer acknowledges that there are no representations outside these terms which have induced him to enter into a Contract and these terms shall constitute the entire understanding between the parties for the sale of the goods save as expressly agreed by both parties in writing. 2.4 No modification of these terms shall be effective unless made by an express written agreement between the parties. The signing by the Company of any Buyer's documentation shall not imply any modification to these terms. 3. QUOTATIONS 3.1 Quotations are subject to withdrawal at any time before receipt of any unqualified order from the Buyer, and shall be deemed to be withdrawn unless so accepted within 30 days from their date, unless otherwise specified in writing at the time of quotation. 4. THE GOODS 4.1 All descriptions, illustrations and specifications relating to the Goods and or any information contained in the Company's price lists or otherwise communicated to the Buyer, are intended merely to present a general idea of the Goods, and nothing contained therein shall form any part of the Contract. 4.2 Notwithstanding that a sample of the Goods may have been exhibited and inspected solely to enable the Buyer to judge for himself the quality of the bulk and not so as to constitute a sale by the sample, the Buyer shall take the Goods at his own risk as to their corresponding with the said sample or as to their quality condition or sufficiency for any purpose. 4.3 Chemisphere reserve the right to substitute pack sizes to make up order quantities. In doing so we may actually delivery more than you ordered. If we do this then we will not make an additional charge for the additional quantities. 5. PRICE 5.1 All prices are in accordance with the companies price list or any quotation which is current at the time of order. The company reserves the right to change the price at any time without notice. Where appropriate, the company will add V.A.T. at the prevailing rate. 5.2 In the event that the raw material or other costs incurred by the Company increase between the time that the order is placed and the time of delivery, the Company reserves the right to charge the price current at the time of delivery. 6. CANCELLATION 6.1 The Buyer has the right to cancel the contract once the order has been placed. This right exists for 7 days from the date the buyer receives the order. Should the buyer wish to cancel the order Chemisphere reserves the right to make shipping charges at an appropriate rate to cover the cost of any shipping which has been paid for. The sum paid by the buyer, minus any shipping costs will be refunded to the buyer. Cancellations of orders must be notified to Chemisphere in writing and any returns must be approved and arranged by Chemisphere such that compliance with regulations regarding the shipping of chemicals can be adhered to. Should an order be cancelled, the buyer agrees to return any items detailed on the order to Chemisphere in a condition which is fit for resale. Any chemical items which have been shipped to the buyer, where the tamper proof seals on the packing have been broken, shall be deemed to have been consumed and in an inappropriate condition to be returned. Therefore no refund shall be offered for such products. 6.2 Chemisphere reserves the right to cancel any order at any time for any reason. 7. DELIVERY 7.1 The cost of delivery is detailed on the order at the time the order is placed. 7.2 In the case of Goods for delivery outside the U.K. the terms for delivery are as agreed between the Company and the Buyer. 7.3 Any delivery dates quoted are for guidance only and are not a term of the Contract. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company in writing and the Company shall not be liable for any delay in delivery of the Goods. 7.4 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 such instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. 7.5 Should the Company be prevented from or hindered in delivering the Goods or any part thereof by reason of war, riot, explosion, fire, flood, strike, lock-out, shortage of materials or labour or any cause beyond the Company's control, the time for delivery shall be extended by a period equal to that during which the cause preventing or hindering delivery exists. 7.6 Should the Company be prevented from delivering part of the Goods by reason of any of the causes specified in clause 7.5, the Company shall deliver and the Buyer shall take and pay for such part of the Goods as the Company shall be able to deliver in accordance with the Contract. 7.7 Only the cost of the first delivery to the buyer is detailed in the order process. Should the buyer not be able to accept delivery of the goods on the first attempt then the buyer shall become responsible for any further costs incurred due to repeated attempts to deliver the goods. These costs must be met in advance of the subsequent deliveries. Shall this payment not be made within 28 days of the notification of further delivery charges, or should the buyer continue to not be able to accept delivery of the goods, for any reason, then Chemisphere shall be entitled to cancel the order after a period of 28 days from the first attempt to deliver the goods. Should Chemisphere cancel an order due to the failure of the Buyer to accept the goods, then Chemisphere shall not be required to refund any monies whatsoever. 7.8 Time shall not be of the essence. 7.9 Customers should allow 7 - 10 working days for delivery. 8. PAYMENT 8.1 Payment for the Goods shall be made to the Company by the Buyer using one of the available methods on the Chemipool website. 8.2 Unless otherwise agreed, the Company shall not be bound to give up possession of the Goods until it shall have received payment, and the Company shall be deemed to have made sufficient tender of the Goods if it shall notify the Buyer that the Goods are ready for despatch subject to payment. 9. RISK AND PROPERTY 9.1 Risk of damage to or loss of the Goods shall pass to the Buyer when the Goods are delivered to the Buyer. 9.2 Notwithstanding risk in the Goods passing in accordance with clause 9.1 title in the Goods shall not pass to the Buyer until payment has been received by the Company for the Goods and any other Goods supplied by the Company to the Buyer or until payment to the Company of all sums owing to it by the Buyer on any account. 9.3 Until the title of the Goods passes to the Buyer, the Buyer shall hold the Goods upon trust for the Company and shall keep the Goods separate from those of the Buyer and third parties' and clearly identified as the Company's property unless the Buyer shall hold the altered Goods or proceeds of sale upon trust for the Company. The Buyer shall not deal with or dispose of the Goods other than for full value in its normal course of business. Any permission to deal with the Goods ceases immediately on the appointment of an administrative receiver, on the presentation of a winding up or bankruptcy petition or of a petition for the making of an administration order, the appointment of a liquidator, the giving of notice of any meeting to pass a winding up resolution or any other act of insolvency. 9.4 Until title passes the Company may at any time (regardless of credit given to the Buyer) enter onto the premises of the Buyer or of its agents or customers to repossess all or part of the Goods and any products and the Contract shall terminate in respect of those Goods without prejudice to any rights of the Company. 9.5 Until title passes, the Goods shall be stored separately by the Buyer and clearly identifiable as the property of the Company. 9.6 Until title in the Goods shall have passed to the Buyer, if any of the Goods are incorporated in or attached to any products manufactured or assembled by the Buyer, the Buyer shall maintain records sufficient to enable such Goods so incorporated to be identified or quantified. The Company may at any time remove any Goods belonging to it regardless of any practical difficulty or damage caused to such products. 9.7 Where Goods belonging to the Company are stored in common with similar items belonging to others, it shall be conclusively presumed (regardless of any evidence to the contrary) that the Goods are withdrawn last from store. 9.8 Until title passes the Buyer shall hold the Goods as bailee for the Company and shall be fiduciary for the Company in respect of the Goods and in respect also of any proceeds of sale and any payment of the type described in clause 9.10. 9.9 Where title to the Goods has not passed from the Company and the Buyer wishes to re-sell the goods, the Buyer shall invoice the Goods to the third party purchaser at a price not less than that charged to the Buyer by the Company for the Goods and shall notify the third party purchaser that the Goods are the property of the Company. 9.10 Any payments received by the Buyer in respect of any assignment of any debt in connection with any sale of the Goods by the Buyer shall be held by the Buyer as agent for the Company and the Buyer shall be in fiduciary position to the Company in respect of any such payment received. 9.11 The Buyer shall give the Company full particulars of persons to whom Goods have been or are intended to be sold so as to enable the Company to recover Goods. 9.12 The whole of the price shall not be treated as paid until any cheque, bill of exchange or other instrument of payment given by the Buyer has been met on presentation or otherwise honoured in accordance with its terms. The Company may sue for the whole of the price at any time after it has become payable. 10. CONTAINERS 10.1 All returnable containers shall remain the property of the Company. The Buyer shall advise the Company when such containers are empty and the Buyer shall be responsible for safe and secure storage until they are collected by the Company. 11 CLAIMS FOR LOSS OR DEFECT 11.1 The Buyer shall inspect the Goods immediately upon delivery and shall immediately note any damage or shortages and sign the delivery note accordingly. Claims for damages cannot be contemplated unless the delivery note is signed accordingly. Claims for shortages should be notified by telephone or fax within 3 days from date of delivery, or in the event of non-delivery, should be notified by telephone within 3 days from receipt of invoice. Confirmation in writing should be made to the Company within 14 days of receipt giving all the relevant details of any shortage, breakage, defect or any other matter or thing by reason whereof it is alleged that the Goods are not in accordance with the Contract. 11.2 The Goods in respect of which any claims are made hereunder shall be preserved intact as delivered for a period of 21 days from date of notification of the claim within which time the Company or its agents shall have the right to attend the Buyer's premises to investigate the complaint. 11.3 If the Buyer shall fail to give notice or to preserve the Goods as required pursuant to paragraph 11.1 and 11.2 above then the Goods shall be deemed in all respects to be in accordance with the Buyer shall be deemed to have received and accepted the Goods. 11.4 The company will replace, repair or offer a refund for any fault or defects which occur during the manufacturer's standard period of warranty. Beyond this, refunds, repairs or replacements are offered solely at the discretion of the company. 11.5 The Buyer agrees to participate in any activities reasonably required by the Company or the Manufacturer to demonstrate defects or faults for the purpose of issuing replacements, effecting repairs or issuing refunds. LIMITATION OF LIABILITY 12.1 The application, use and processing of the Goods is the absolute responsibility of the Buyer and the Buyer shall be deemed to have carried out its own tests to ensure the suitability of the Goods for their intended purposes and applications. 12.2 The Company's liability for any loss or damage including any consequential loss resulting from defective Goods or any act or default on the part of the Company, its servants or its agents shall be limited to the price of the Goods through which the loss or damage arises. 13. INDEMNITY 13.1 The Buyer shall indemnify the Company in respect of all damage injury or loss occurring to any person or property and against all actions, suits, claims, demands, charges or expenses in connection therewith arising from the condition or use of the Goods in the event that the damage injury or loss shall have been occasioned wholly by the carelessness of the Buyer or his servants or agents or by any breach by the Buyer of its obligations to the Company hereunder. 14. SET OFF 14.1 The Buyer shall not be entitled to the benefit of any set-off to which he might be otherwise entitled in law or in equity. All sums payable under this Contract will be payable without deduction and the Company shall be entitled in the event of non-payment to obtain and enforce judgement thereon without any stay of execution pending the determination of any cross claims by the Buyer. 15. BREACH OF CONTRACT BY THE BUYER 15.1 The Buyer shall indemnify the Company in respect of any costs, charges, losses expenses, including legal fees which the Company may sustain or incur as a result of the Buyer's breach of Contract. 16. PATENTS, TRADE MARKS ETC 16.1 The supply of Goods by the Company shall not confer or imply any right upon the Buyer to use any of the Company's trade marks or patents which shall at all times remain the property of the Company. 17. FORCE MAJEURE 17.1 The Company shall not be liable for any failure in the performance of the Contract due to war, strike, lockout or other trade dispute, fire, floods, explosions, or shortage of raw materials or due to any other cause whatsoever beyond the control of the Company. 18. PROPER LAW 18.1 The Contract shall be governed by and interpreted in accordance with English Law, and the Buyer submits to the jurisdiction of the High Court of Justice in England but the Company may enforce the Contract in any court of competent jurisdiction. 19. Privacy Policy 19.1 Chemisphere Ltd do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party. Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Chemisphere will not disclose any information collected to any commercial third party without your persmission. This excludes any body who may have a legal right to access this information. Some chemicals can be used for illicit purposes. Chemisphere reserves the right to allow any party they consider to have reasonable cause, full unrestriced access to any information contained in the Chemisphere systems. This may incule certain details about any Chemisphere customers. This accesss is normally, but not exclusivly, only granted for the purpose of co-operating with any investigation by any official agencies. 20.1 Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm. In summary this means that you are entitled to cancel your order for up to 7 days from the date you receive the product. Should you wish to cancel your order before you have received any products then please contact us and we will arrange a refund. If you have already taken delivery then the order can only be canceled as long as the tamper proof seal on the packages is still intact. Provided that the seal is still intact, to cancel your order, return the goods and get a refund, you must follow the procedure below. It is illegal for many chemicals to be sent through the normal post. There are specific documents which have to be prepared and in some cases carried by the drivers of the vehicles carrying the chemicals. If you have received the goods you ordered, to cancel you must first contact Chemipool. You should send an email to returns@chemipool.com. This email should contain your order number, your name and contact details and a list of the products you wish to return. We will then contact you to arrange for a suitable time for someone to call to pick up the products. We will refund the whole cost of the order minus both delivery and pickup charges. The delivery charges will be detailed on your order documentation and you will be advised of the pickup charges by us before we pick up the goods. If your goods are to be returned because they are faulty then Chemipool will not charge for delivery or pickup. You will have the choice of whether you wish to receive a refund or a replacement order. If any goods are returned to us without prior arrangement then we will not accept the goods from the carrier. This may mean that the carrier you have used to return goods to us wiuthout arrangement will just return them to you and you will not get your refund or replacement goods. |
