Terms & Conditions

TERMS AND CONDITIONS  These are the sole Terms and Conditions that apply to the sale of Goods and Services from Sure Chemicals Ltd. to the Customer                               (SCL150813)

1. Definitions

1.1 'Customer' means a legal entity (otherwise referred to as 'you') who enters into a Contract with Sure Chemicals Ltd. to buy Goods or Services.

1.2 'Contract' means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms. 

1.3 ''Goods' means any goods, or goods and services agreed in the Contract to be supplied to you by us (including any part or parts of them).

1.4 'Normal Working Hours' means 8.30am to 5pm (Monday-Thursday) 8.30am  to 4.30pm (Friday).

1.5 'Order' means an order for Goods or Services made by you in accordance with these Terms. 

1.6 'Order Acknowledgement' means our written acceptance of your Order. 

1.7 'Services' means services and support provided by us to you. 

1.8 'Working Day' means Monday to Friday, excluding Bank or other Public holidays.

2. Orders

2.1 When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion. 

2.2 We will send you an Order Acknowledgement on receipt of your Order. 

2.3 We will accept your offer and create a Contract with you by sending to you an Order Acknowledgement once we have confirmed availability of the Goods or Services, verified your credit or debit card or payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your payment details before providing you with any Goods or Services.

2.4 The Order Acknowledgement will be binding on you unless there is an unacceptable discrepancy between the Goods or Services that you ordered and those detailed in the Order Acknowledgement. You should notify us as soon as you become aware of any such discrepancy and in any event prior to the dispatch of the Goods. 

2.5 If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality. Any such changes will be detailed in the Order Acknowledgement. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and receive a refund of any money paid to us in respect of that Order, including carriage charges. This shall be your sole remedy. 

2.6 We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. In the case of bespoke products, where possible the quantity ordered shall be supplied but owing to the difficulty of production yields, a variance of up to ± 10% of the quantity specified on your order shall be allowed and you will pay for the actual quantities manufactured. Any such minor variation will not give you the right to cancel or rescind any Order or Contract made with us. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed in the catalogue or on our website. 

2.7 When you place an Order, you are undertaking to us that: 

(a)  all details you provide to us for the purpose of purchasing Goods or Services are correct, and

(b)  the credit or debit card you use to make a purchase from us is your own card, that you are  authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from us. 

2.8 Cancellation of Orders. Other than in accordance with clause 2.5, we do not accept cancellation of orders by Customers once an Order Acknowledgement has been sent as many Orders are dispatched on the same day the Order is placed. We cannot accept cancellation of an Order for bespoke Goods which have been produced to your specific requirements. 

2.9 We do not sell products for purchase or use by children.

2.10 When you communicate with us via email, we will communicate with you by email. For contractual reasons you consent to receive communications that we provide to you and  this will satisfy any legal requirement.

2.11 If you use any Services via email you are responsible for maintaining the confidentiality of your account and password as well as restricting access to your computer. If you become aware of unauthorised use you must notify us immediately.

3. Prices and Payment

3.1 Goods and Services, together with VAT, are invoiced at the price prevailing at the time of your Order.

3.2 We reserve the right to vary our prices from time to time. 

3.3 When you submit an Order, you will be notified of any additional costs including shipping and handling costs or insurance. 

3.4 Payment is due prior to shipment unless you have been approved for credit. Our standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed by us in writing beforehand. 

3.5 If you fail to make any payment due to us by the due date for payment (‘the due date’), then we may charge you interest on the overdue amount at the rate of 3% per annum above the Bank of England's base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. 

3.6 Payment in advance for Orders to be delivered in the UK mainland may be made by cash, cheque subject to cleared funds), Visa, MasterCard, Maestro or Paypal. All Orders for Goods to be delivered to the Republic of Ireland must be paid in advance by Mastercard, Visa or Paypal only. 

4. Delivery, Title and Risk

4.1 We shall use reasonable endeavours to despatch Goods to you by the estimated delivery date, but time shall not be of the essence for delivery and we shall not accept liability for failure to deliver within the stated time or on a stated day where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. 

4.2 If a delay is likely, we shall contact you and to advise of the delay. You will not be entitled to damages or compensation if delivery of Goods does not occur on the estimated delivery date. 

4.3 If we are unable to deliver the Goods within 30 days of the estimated delivery date, you will, as your sole remedy, be entitled to cancel the Order and require any monies paid to us in respect of that Order to be refunded. In order to cancel, you must send written notice of cancellation to us after the estimated delivery date but before actual delivery of the Goods or notification from us that the Goods are ready for delivery. 

4.4 Delivery is deemed to take place when the Goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you. 

4.5 You are required to be able to accept the Goods (when they are ready for delivery) within Normal Working Days and Normal Working Hours. 

4.6 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of: 

(a) the Goods; and

(b) all other sums which are or which become due to us from you on any account. 

 

 

 

4.7 Each delivery under this contract shall be deemed to constitute a separate contract to which the terms and conditions hereof shall apply. We reserve the right to cancel or suspend further deliveries at our option should you make default in or commit any breach of any of your obligations to us hereunder or are insolvent or (being a company) commence liquidation or cease or threaten to cease to trade.

4.8 Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you should either note this on the Proof of Delivery or refuse delivery of the Goods. 

4.9 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment. 

4.10 You may request a Proof of Delivery, provided that this request is made within 30 days of the dispatch acknowledgement and we shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed. 

4.11 You should notify us immediately and in any event no longer than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing or the Goods are not as specified in the Order Acknowledgement.

5.  Returns and Warranties

5.1 Return of Defective Goods

(a) In the event that Goods are found to be defective at any time within the first 30 days from delivery then please contact our Customer Services team immediately that you become aware of the defect, ensuring that you have the item’s batch number available to provide to our staff. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us. 

(b) We shall at our option repair or replace such Defective Goods (or the defective part) 

5.2 Warranty Claims

(a) If Goods become faulty you must notify us immediately. 

(b) All warranties provided under these Terms shall be invalidated if the Goods have been worked upon, altered or damaged in any way by you or your employees or agents, or if the Goods have not been used or stored in accordance with the manufacturer's instructions. 

(c) You should note that certain Goods have a reduced warranty period. Your statutory rights are not affected when you purchase such Goods. 

6. Our Liability

6.1 Subject to clauses 4 and 5, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

(a) Any breach of these Terms;

(b) Any use made or resale by you of any of the Goods, or of any product incorporating any of the Goods; and

(c) Any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.

6.2   All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded. 

6.3   Nothing in these Terms excludes or limits our liability: 

(a) for death or personal injury caused by our negligence; or 

(b) for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or 

(c) for fraud or fraudulent misrepresentation.

6.4   Subject to clause 6.2 and clause 6.3: 

(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated  performance of the Contract shall be to the Contract price; and 

(b) we shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation  whatsoever (howsoever caused) which arise out of or in connection with the Contract.

7. Force Majeure

7.1   We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control.

8. Errors & Omissions

8.1 We make every effort to ensure that all prices and descriptions quoted in our literature and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. 

In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A 'manifest error', as the term is used in this clause 8, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.

9. Data Protection

9.1 We have a full and detailed privacy policy.

10. Trade Names & Trade Marks

10.1 The trading name of  Sure Chemicals Ltd. is registered at Companies House 

Company No: 02223046

10.2 The Trade Mark of suremagicTM is registered at The Intellectual Property Office

Reg. No: 2512044

11. Assignment

The Company will be entitled to assign the benefit and/or the burden of the Contract or any part thereof.

12. Waiver

No indulgence or forbearance extended to the Customer shall limit or prejudice any right or claim available to the Company under the Contract

13. English law

This Contract shall be governed and interpreted according to the law of England and Wales