Diversity Products Ltd
Conditions of Business
In these Conditions of Business :-
- ‘Conditions of Business’ means the terms and conditions set out in this document. Any customer who places an order accepts these terms and conditions and is bound by them.
- ‘Delivery Address’ is the address stipulated on the Purchase Order and/or Invoice.
- ‘Goods’ means the goods described on the Purchase Order and Invoice.
- ‘Order/Purchase Order’ means the order for the Goods.
- ‘Order Number’ means the number stipulated on the Purchase Order.
- ‘Services’ means the services (if any) stipulated on the Purchase Order and Invoice, and supplied in addition to the Goods, e.g. installation.
- ‘Company’ means the buyer, firm or company who has ordered/purchased the Goods.
- ‘Diversity’ means Diversity Products Ltd whose registered office is Diversity House, Mount View Park Lane, Sowood, Halifax, HX4 9LE.
2. Agreement to Purchase
2.1 The Order constitutes an offer by the Company to purchase the Goods and/or Services subject to the Conditions of Business, and despatch or delivery of the Goods, or the commencement of supply of the Goods and/or Services, shall constitute Diversity’s acceptance of the Order.
2.2 These Conditions of Business shall prevail to the exclusion of any other terms and conditions, unless made by written agreement between Diversity and the Company.
3.1 The Price of the Goods and /or Services shall be stated in the Order and, unless otherwise so stated, shall be exclusive of value added tax (which shall be payable by the Company subject to receipt by the Company of a value added tax invoice).
3.2 The Price of the Goods and/or Services shall be inclusive of all charges for packaging and packing, but exclusive of delivery and insurance of the Goods to the Delivery Address.
3.3 The Price of the Goods and/or Services shall be exclusive of any duties and taxes.
3.4 The Price of the Goods, as published in any of Diversity’s price lists or brochures may be modified at any time by Diversity, providing 3 months’ notice of such a modification is communicated in writing to the Company.
4.1 The Goods shall be delivered, and/or Services shall be performed, on the date, or within the time period quoted to the Company at the time of placement of the Order.
4.2 Any anticipated delay to the delivery date of the Goods and/or Services will be notified to the Company at the earliest opportunity. Any such delay does not entitle the Company to cancel the order, refuse delivery of the goods or claim damages.
4.3 If the delivery cannot be accepted by the Company on the date quoted at the time of placement of the Order, then Diversity may pass on delivery, handling or storage costs incurred as a result of the Company’s inability to accept delivery of the Order.
4.4 Delivery is effected when the Goods have been unloaded, and (if relevant) the Services performed, and accepted in writing by an authorised officer, employee or representative of the Company.
5. Title and Risk
5.1 Risk in the Goods shall pass to the Company upon delivery and written acceptance by the Company.
5.2 Title in the Goods shall not pass to the Company unless payment is made prior to delivery, in which case it shall pass to the Company once payment has been made.
5.3 Risk or damage to, or loss of the Goods supplied, shall pass to the Company upon delivery in accordance with these Conditions of Business.
5.4 Diversity shall insure the Goods to their full value against all risks of damage or loss prior to completion of delivery.
5.5 In the case that the Company requires to collect Goods from Diversity, risk or damage to, or loss or the Goods collected, shall pass to the Company upon their collection.
6. Payment Terms
Unless otherwise agreed with Diversity, payment for Goods delivered is due before the end of the month following date of invoice.
7.1 Goods are guaranteed for 1 year :-
- unless stipulated in any product specific Diversity publications.
- except in the case of product components that are not manufactured by, or are not an integral part of the manufacturing process of
Diversity. Such components will carry the manufacturer’s warranty.
- unless there is evidence that the Goods have been mishandled, misused or vandalised in any way.
7.2 Diversity warrants that the Goods will :-
- be of satisfactory quality and fit for purpose, and where relevant, compliant with all regulations and other legal requirements relating to their
performance, manufacture, sale, packaging, carriage and delivery.
- be free from defects in design, material and workmanship, and that Diversity, upon becoming aware of any defect whatsoever in the Goods, will immediately notify the Company of such defect.
- correspond in quality, quantity and description with any specification, stipulations or any other information contained in the Order, communicated in writing to the Company or to samples provided by Diversity to the Company.
- Diversity warrants that the Services will be performed by appropriately qualified and trained personnel acting with due care and diligence and to industry standard.
8. Returns, Cancellations & Refunds (Consumer Contracts Regulations 2013)
- goods can be returned within 14 days of their receipt. The consumer must firstly notify Diversity Products of their intention to make a return via the “Contact Page” of the Diversity
Products website, or alternatively by letter, fax or e mail. This must firstly be acknowledged by Diversity Products before the consumer returns any goods, otherwise the goods will not be
accepted back by the company. Goods must then be returned within 14 days of this written acknowledgement. Diversity Products will not pay refunds for goods that are no longer in new
condition or have in any way been damaged. The cost and risk of returning the goods is the responsibility of the consumer.
- ordered goods may be cancelled within 14 days of their receipt. The consumer must firstly notify Diversity Products of their intention to cancel an order via the “Contact Page” of the
Diversity Products website, or alternatively letter, fax or e mail. This must firstly be acknowledged by Diversity Products before the consumer returns any cancelled orders, otherwise the
goods will not be accepted back by the company. Goods must then be returned within 14 days of this written acknowledgement. Diversity Products will not reimburse the consumer for
a cancelled order if the ordered goods are no longer in new condition or have in any way been damaged. The cost and risk of retuning the goods is the responsibility of the consumer.
- once a return or order cancellation has been agreed in writing by Diversity Product, then the goods must then be returned within 14 days of this written acknowledgement. Upon their
receipt, the company will within 14 days, reimburse to the consumer all payments received from them, including the original cost of a standard delivery. Refunds will not be paid for goods
no longer in new condition or in any way damaged. The cost and risk of returning the goods is the responsibility of the consumer.
9. Force Majeure
9.1 Neither party shall be liable to the other for failure to perform any obligation under these Conditions of Business to the extent that failure is caused by Force Majeure, the effects of which could not have been reasonably anticipated of prevented by that party.
9.2 Force Majeure means, in relation to either party, any cause beyond the reasonable control of the parties including :-
- act of God
- war, riot, civil disturbance, acts of terrorism
- fire, explosion, flood, storm
- strike or other industrial dispute
- national defence requirements, acts or regulations of national or local government
- inability to obtain essential fuel, power, raw material, labour, containers or transportation, accident, malfunction of machinery or apparatus including tool breakage, denial of export or import licences
9.3 A party becoming aware of any Force Majeure must promptly notify the other in writing of the relevant facts and any likely delay or other effect, and both parties will use their best endeav-ours to mitigate the effects of the Force Majeure.
10. Governing Law and Jurisdiction
10.1 This Contract shall be governed by English law.
10.2 Diversity and the Company submit to the exclusive jurisdiction of the English Courts.