Terms & Conditions 1. 1.1 INTERPRETATION
1.1 The definitions in this condition apply in the terms and conditions set out in this document: Force Majeure Event: has the meaning given in condition 9. Goods: the products that we are selling to you as set out in the Order. Order: your order for the purchase of our products. Order Confirmation: has the meaning set out in condition 2.6. Terms: the terms and conditions set out in this document. Working Day: Monday – Friday excluding any day which is a public holiday in England. Writing or written: includes faxes and e-mail.
1.2 1.3
2. 2.1 Headings do not affect the interpretation of these terms.
These Terms only apply to the sale of Goods to businesses outside of the United Kingdom. The Channel Islands and BFPOs are classified as international business. Alternative terms and conditions apply to the sale of goods to customers within the United Kingdom.
BASIS OF SALE
These Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the agreement. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a Contract comes into existence between us, in accordance with condition 2.6.
2.2 2.3
2.4 2.5 2.6
2.7
2.8 2.9
These Terms apply to the agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues, website or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
If any of these Terms are inconsistent with any term of the Order, the Terms shall prevail. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
When you submit an Order to us on our website you will receive an email acknowledging your Order (“Order Confirmation.”) The Order Confirmation does not constitute acceptance of the Order by us. Your order is accepted and a contract is formed between you and us when we despatch the goods you have ordered and not before. Until the goods are despatched the order may not be accepted by us.
Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with conditions 2.5 and 2.6. A quotation shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
We shall assign an order number to the Order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the Order.
We have the right to revise and amend these Terms from time to time. If you require an up to date copy of the Terms please contact us to request one from our customer services department. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Orders you have previously placed that we have not yet fulfilled).
2.10 When registering to shop with us as a Private Individual, you agree that you are the person named on the application. If you are not the person named, then you must have obtained the consent of the named person to apply on their behalf.
2.11 3.
Goods purchased are not for resale, unless a formal Trade agreement is in place. If we are concerned that you are purchasing goods to re-sell them, we reserve the right to cancel the order immediately and without any further notification to you at any point, including after we have issued an order confirmation.
OUR GUARANTEES 3.1
3.1.1 3.1.2 3.1.3
3.2
3.3 3.4 4.
4.1
4.2 4.3
4.4 4.5
We warrant that on delivery the Goods shall: be of satisfactory quality
be free from material defects in design, material and workmanship and comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
Except as set out in these Terms all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
DELIVERY All delivery times are estimates and vary dependant on location. We can advise you of these at the time of order.
All of these estimates are dependent on us/our manufacturers having the relevant Goods in stock at the time of your Order. Direct delivery items may incur a charge. You will be informed of any additional charges at the time of ordering.
Delivery of the Order shall be completed when we deliver the Goods to you.
We will take reasonable steps to meet any estimated delivery date. However, delivery times cannot be guaranteed, for example, occasionally, delivery may be affected by factors beyond our control including the failure of our agents or subcontractors.
If we fail to deliver our Goods you must notify us within 5 Working Days of the estimated delivery date. Any claim made after the 5 Working Day period will not be accepted. Our liability shall be limited to the direct costs and expenses that you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.6
If you fail to take delivery of an Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
4.6.1 4.6.2
4.7 4.8 4.9
we will store the Goods until delivery takes place and may charge you a reasonable sum to cover storage, insurance and other expenses incurred and
we shall have no liability to you for late delivery.
If you have not taken delivery of the Goods within 5 Working Days of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installment.
If upon delivery you discover that the Goods are damaged or have not been delivered in accordance with your Order then you must notify us of this within 5 Working Days of the date of delivery. If you fail to do so then we will not be obliged to remedy the defect.
4.10 Unless otherwise agreed, delivery shall be deemed to have been completed where we have delivered the goods in accordance with the INCO term specified on the Order or as agreed elsewhere.
4.11 5.
5.1
Please note that certain chemicals will be subject to a delivery charge. The affected products are clearly marked on the catalogue page.
DEFECTIVE GOODS AND RETURNS
In the unlikely event that the Goods do not conform with these Terms, you must notify us within 5 Working Days of receipt of the goods and in any event as soon as possible after delivery. Failure to notify us within 5 Working Days of receipt will invalidate any claim with regard to the goods. Following your notification we will then authorise the return of the Goods and arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) OR ask you to return the Goods to us at our cost. Once we have confirmed that the Goods are faulty, we will:
5.1.1 5.1.2 5.1.3
5.2 5.3
5.4 6. 6.1
6.2 6.3
7. 7.1
7.2 7.3
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provide you with a full or partial refund replace the Goods or repair the Goods.
These Terms will apply to any repaired or replacement Goods we supply to you.
If having checked any returned goods, we have found that they are not faulty, we may charge you a handling fee equivalent to 20% of the price that you originally paid for the goods or £10, whichever is the greater.
We cannot accept the return of (a) any goods which contain living organisms or cultures, (b) dissection resources, (c) preserved specimens, (d) chemicals, (e) goods that are substantially made up of materials that can be photocopied, (f) bespoke goods, (g) radioactive sources
TITLE AND RISK The Goods will be your responsibility from the time of delivery at the address stated in the Order.
Ownership of the Goods will only pass to you when we receive payment in full and cleared funds of all sums due for the Goods and any other Goods that we have supplied to you.
We can recover any Goods in respect of which ownership has not passed to you in accordance with clause 6.2 above at any time. You agree to, immediately following written request from us, allow us such access to the Goods (and to such premises as are required to access to the Goods) as is required by us in order to facilitate such recovery.
PRICE AND PAYMENT Prices may vary to those that appear in our catalogue or website
Some products within the catalogue and contract accounts are exempt from discounts at our sole discretion. Please ask our customer service department for details.
The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any
Free expert technician to technician support available 15. 15.1 14. 12. 9.3 8.2 7.9
7.4 7.5
7.6 7.7 7.8
time, but price changes will not affect orders that we have confirmed in writing. Prices exclude VAT.
Unless otherwise specified, prices exclude delivery costs (including but not limited to carriage, freight and insurance and any special costs), which will be added to the total amount due. All deliveries to the Republic of Ireland will be subject to a €8.25 carriage charge for orders under £30.
It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time (also available on our website). Where the Goods’ correct price is less than or higher than our stated price, we will charge the correct price when dispatching the Goods to you.
If you do not have a credit account with us payment for all Goods must be made in advance by credit or debit card, BACS, letter of credit confirmed by a UK bank, bank draft, or by sterling cheque. We do not offer credit accounts to individuals, sole traders or partnerships with less than three partners.
If you have a credit account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. Unless alternative payment terms have been specified by us, you must pay the invoice in cleared monies within 30 calendar days of the date of the invoice. Please note that payment pursuant to this clause 7.7 shall only be permitted at our absolute discretion and we reserve the right to require upfront payment at any time.
If you do not make any payment due to us by the due date for payment (as set out in conditions 7.5 and 7.6), we may charge interest to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with the overdue amount.
7.10 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
8. 8.1 LIMITATION OF LIABILITY
Subject to conditions 8.2 and 8.3 we shall only be responsible for losses which are a direct consequence of our failure to comply with these Terms and our total liability to you for all direct, proven and reasonable losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods.
We shall not be responsible for losses that you suffer as a result of our failure to comply with these Terms that fall into the following categories (whether we were notified of or aware of the possibility of such losses or not):
8.2.1 loss of income or revenue 8.2.2 loss of business 8.2.3 loss of anticipated savings 8.2.4 loss of data or 8.2.5 any waste of time.
8.3
8.4 8.5
9. 9.1 9.2
We do not limit or exclude liability for: 8.3.1 death or personal injury 8.3.2 fraud or fraudulent misrepresentation or 8.3.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any losses you suffer from such chemicals result from your default, we shall not be responsible.
Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we are not prohibited from doing so by law we hereby exclude all warranties which are implied into these Terms whether by legislation or otherwise.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
9.2.1 strikes, lock-outs or other industrial action
9.2.2 civil commotion, riot, invasion, political change, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
9.2.3 fire, explosion, storm or other adverse weather, flood, earthquake, subsidence, epidemic or other natural disaster 9.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or 9.2.5 impossibility of the use of public or private telecommunications networks.
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
10. EXCLUSIVE GOODS 11.
Goods which are described as being exclusive are exclusive to Findel Education Limited (Company Number: 1135827). DATA PROTECTION
We shall comply with our obligations under the Data Protection Act 2018 and the General Data Protection Legislation. We may record your calls for quality and training purposes.
DISPOSAL OF WASTE ELECTRICAL EQUIPMENT
We are committed to promoting the re-use, recycling and recovery of WEEE products by contributing to the VALPAK compliance scheme. WEEE products or packaging will be marked with a crossed out wheelie bin symbol to indicate that the Goods should not be disposed of in general domestic waste but disposed of through an approved WEEE scheme. For more information please see our website or call +44 (0) 115 907 4001. We do not accept any liability whatsoever for the remote collection, shipping costs or packaging of returned Goods. All costs associated with the return of WEEE will be your responsibility.
13. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person (including a corporate body) without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
NOTICES
All notices sent by you to us must be sent to PHE Education, International Division, Pintail Close, Victoria Business Park, Nottingham NG4 2SG, UK. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
GENERAL
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.4 You are responsible for obtaining, (at your own cost), such import licenses and other consents in relation to the goods as are required from time to time and if we require, you shall make such licenses available to us prior to the relevant shipment.
15.5 If you are required under any applicable law to deduct or withhold any amount due to us, you shall increase the amount that you pay to us by the amount necessary so as to ensure that we receive the amount which we would have received from you had no such deductions or withholdings been made.
15.6 These Terms shall be governed by English law and we both accept the exclusive jurisdiction of the courts of England. The international rules for the interpretation of trade terms prepared by the International Chamber of Commerce (Incoterms) shall apply but where they conflict with these Terms these Terms shall prevail.
15.7 Where furniture items feature the packaging removal icon, this applies to UK orders only (excluding Channel Islands and BFPOs). 16.
CHEMICALS
16.1 We have made the decision to stop selling chemicals (both hazardous and non-hazardous) or live items to international customers as of Tuesday 1st November. Whilst we appreciate this may cause some inconvenience, our decision was based on significant increases in packaging, documentation and freight charges that would have been passed on to our customers if we had continued to sell these items.
This decision does not affect any other product ranges or product categories and we will continue to provide our usual levels of customer service.
16.2 Allow up to 2 weeks for delivery: All chemicals are delivered directly from our supplier, and therefore next day delivery is not available. Please allow up to 2 weeks for delivery. As chemicals are packed and shipped separately from any other products ordered from Philip Harris, they will be subject to their own carriage charge. You will be informed of this charge at the point of order. See terms and conditions for details.
16.3
Special Transport: Several chemicals in our range fall into the most hazardous category for transport and may only be carried by specially trained drivers. This has forced us to place a Carriage Surcharge (applied to the consignment, not the individual material) on these particular chemicals.
16.4 Non-UK Mainland Customers (Including Northern Ireland and UK ‘Island’ areas): All orders to these areas will be subject to additional charges, to cover the additional costs of shipping and packaging required to comply with prevailing legislation on the transport of dangerous goods.
Terms & Conditions
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