Talley Group Limited

Standard Conditions of Sale

1. Definitions

1.1 ‘Buyer’ - means the person who buys or agrees to buy the goods from the Seller.
1.2 ‘Conditions’ - means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 ‘Delivery Address’ - means the delivery address agreed by the Buyer or their agent and the Seller at the date of the order.
1.4 ‘Delivery Date’ - means the date specified by the Seller when the goods are to be delivered.
1.5 ‘Goods’ - means the articles which the Buyer agrees to buy from the Seller.
1.6 ‘Price’ - means the price for the Goods excluding carriage, packing, insurance and VAT.
1.7 ‘Seller’ - means Talley Group Limited, Premier Way, Abbey Park Industrial Estate, Romsey, Hants SO51 9DQ

2. Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. The Price and payment

3.1 The Price of the Goods shall be the price stipulated on the Seller’s published price list current at the date of delivery of the Goods. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Barclays Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

4. The Goods

4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation.
4.2 The Goods shall be manufactured and supplied in accordance with the description contained in the Seller’s specification and manufactured in accordance with all applicable European Standards (including the CE Mark) which relate specifically to the Goods.
4.3 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

5. Warranties and liability

5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
5.2 Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

6. Delivery of the Goods

6.1 The Seller shall deliver the Goods to the Delivery Address on the Delivery Date, although such Delivery Date is an estimate only, and the Company shall have no liability whatsoever for failure to deliver the Goods on the Delivery Date.
6.2 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.3 Due delivery of the Goods shall be deemed to have been made when the Seller supplies to the Buyer or their authorised agent.

7. Acceptance of the Goods

7.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

8. Return of Goods Purchased On-Line and Refund of Payment Made

8.1 If Goods have been purchased on-line the Buyer has 7 days from receipt to decide whether to accept the Goods or cancel the contract, for whatever reason. The Buyer shall be deemed to have accepted Goods purchased on-line if they have not contacted the Seller within 7 days of receipt to advise their intent to return the Goods. The cost of returning all Goods (unless faulty) will be paid by the Buyer.
8.2 If a refund is due for returned Goods, the Seller will endeavour to make the refund within 30 days of the Goods being returned, providing they are received by the Seller unopened, unused and in their original condition and packaging.

9. Title and risk

9.1 The Goods shall be at the Buyer’s risk as from delivery.
9.2 In spite of delivery having been made property in the Goods shall not pass from the Seller to the Buyer until the Buyer shall have paid all sums due from the Buyer to the Seller, including the Price plus VAT in full.

10. Remedies of Buyer

10.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply of the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
10.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10.4 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.

11. Proper law of contract

11.1 This contract is subject to the law of England and Wales.