TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which We supply any of the products (Products) listed on our website www.sunconsumables.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
In addition to these terms and conditions of supply our standard general terms and conditions are available at Terms and Conditions of Use.
1. INFORMATION ABOUT US
www.sunconsumables.com is a site operated by Sun Chemical Ltd (”We”). We are registered in England and Wales under company number 2647054 and with our registered office at 3 High View Road, South Normanton, Derbyshire DE55 2DT. Our main trading address is Sun Chemical Consumables, 1 Datapoint Business Centre, 6 South Crescent London E16 4TL. Our VAT number is GB216018402.
2. SERVICE AVAILABILITY
Our site is not intended for use by people resident in the non trade countries listed below. We do not accept orders from individuals in these countries. Some restrictions are also placed on the extent to which We accept orders from specific countries. These restrictions can be found below. Please review our non trade countries list below before ordering Products from us.
TRADE SANCTIONS – EXPORT CONTROL REGULATIONS
The United States Treasury has issued Export Control Regulations (the “Regulations”) which restrict commercial dealings with various countries. There may be severe civil—and criminal—penalties for violation.
Cuba
Pursuant to the Regulations, together with the Cuba Assets Control Regulations (the “CACR”), Cuba is one of the countries with which trade sanctions are particularly stringent (and they have become a bit more so in light of the perception of recent Cuban human rights violation excesses). The restrictions prohibit trade, and extend as well to “assisting” in the sale of goods to Cuba, even if done offshore. The restrictions apply not only to U.S. companies, but to non-U.S. companies owned or controlled by U.S. corporations or where such non-U.S. companies have U.S. citizens as officers or board members and to sale of U.S.-origin goods. There are limited exceptions (e.g., humanitarian relief), which would not apply to Sun Chemical. The CACR, in turn, prohibit all dealings in or transfers of any property in which any national of Cuba has any interest by any person or corporation subject to the jurisdiction of the U.S. Finally, the Helms-Burton Amendment provides for a right of action for U.S. nationals whose property was confiscated by the Cuban government to recover any such property from anyone “trafficking” in the property.
Iran
The Regulations strictly control sales of goods to Iran. No U.S. company and no foreign company which has a U.S. director, shareholder or officer is permitted to sell or “facilitate” sales to Iran. Additionally, it is unacceptable to trans-ship or re-export U.S. products through a third party or incorporate any U.S. goods into a product ultimately for sale to Iran.
Libya, North Korea, Sudan and Syria
The Regulations impose similar strong restrictions on trade with Libya, North Korea and Sudan and, to a slightly lesser extent, Syria. Any question about potential sales should be immediately referred to the Legal Department.
Iraq
With the dramatic events in Iraq over the past year, trade policies there are a bit in flux. Please provide the specifics of any proposed transaction to the Legal Department.
Lack of United Nations Sanctions
The fact that there may not be United Nations sanctions (or such sanctions may have been lifted) does NOT mean that trade is acceptable to the U.S. government.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries; and
(d) You are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and We will confirm such acceptance to you by sending you a delivery note (the Delivery Note). The contract between us (Contract) will only be formed when We send you the Delivery Note.
4.2. The Contract will relate only to those Products whose dispatch We have confirmed in the Delivery Note. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Delivery Note.
5. OUR STATUS
5.1. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website We have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and We may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below).
6.2. To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
You will not have any right to cancel a Contract for the supply of any Products which are custom made and which include by way of example only rollers, blades, mixers and tanking systems:
6.3. In certain circumstances we may require a cancellation payment from you. This will apply only when We have incurred costs in obtaining Products for you and are only likely to apply where such Products are custom made. The cancellation payment will be equivalent to our costs.
6.4. Details of your statutory right to cancel and an explanation of how to exercise it, are provided in our Standard Terms and Conditions. The provisions in this Clause 6 do not affect your statutory rights.
7. AVAILABILITY AND DELIVERY
7.1. We will deliver the Products ordered by you to the address you give us by delivery at the time you make your order.
7.2. Delivery will be made as soon as possible after your order is accepted. However, time of delivery shall not be of the essence.
8. REGULATION
8.1. You agree to:
(a) obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the use and storage of the Products; and
(b) comply with all relevant legislation, regulations, codes of practice, guidance and other requirements of any government or governmental agency relating to the Products. To the extent that such regulations are advisory rather than mandatory, the standard of compliance to be achieved by you shall be the best practice of the relevant industry. In all cases the costs of compliance shall be borne by you and you hereby agree to indemnify us against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which We may incur arising out of any breach by you of the provisions of this paragraph.
9. RISK AND TITLE
9.1. The Products will be at your risk from the time of delivery.
9.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. PRICE AND PAYMENT
10.1. The price of all Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2. These prices exclude VAT and delivery costs, unless otherwise stated.
10.3. Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Delivery Note.
10.4. Our site contains a large number of Products and it is always possible that, despite our efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Delivery Note, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6. Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Amex, Switch, Visa Delta (Debit Card). We will charge your credit or debit card prior to despatch of your order. However if you are a customer who has an account with us, settlement terms will be the same as those which we have already agreed with you.
11. OUR RETURNS POLICY
11.1. When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, we will examine the returned Product, to ensure it is not damaged, and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.2. Products returned by you because of a defect will be replaced provided always that you notify the defect to us within two calendar months of delivery of the Products. Refunds in respect of defective products shall be discretionary.
11.3. Products returned by you within the seven-day cooling-off period (see paragraph 6.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
12. OUR LIABILITY
12.1. Subject to clause 10.2, and the remaining sub-clauses of clause 12 our liability in respect of any defective Products manufactured or supplied by us or for any loss or damage, consequential or otherwise, is limited to replacement of the Products which you prove are defective and are defective or fail due to faulty material manufactured by us or defective workmanship.
12.2. We may, at our option, give you a credit in respect of the Products found to be defective of up to the full value of the price paid by you.
12.3. The Products are sold on the condition that they will be used only in the prescribed manner and for the purpose for which they were intended.
12.4. You must satisfy yourself that the intended use of the Products is a use in the prescribed manner and in accordance with the technical data sheet that refers to the prescribed use of the Products and the purpose for which they were designed. In the event that you are purchasing for onward sale you must make known to your customer the prescribed use of the Products and the purpose for which they were designed. We will make available in respect of each Product appropriate technical and health and safety information in accordance with paragraph 12.8 below.
12.5. We shall not be liable for any damage, loss or injury resulting from any misuse of the Products or any use which is not in accordance with the prescribed manner or the purpose for which they were designed.
12.6. Where you provide a specification of the Products to be manufactured by us, We shall not be liable for any defect in the Products caused by compliance with that specification.
12.7. If you package or cause the Products to be packaged in such a way so as to make the Products defective then you shall indemnify us against all damage and loss caused by reason of the product being defective.
12.8. We have available information and product literature concerning the conditions necessary to ensure that the Products supplied by us will be safe and without risk to health when properly used. If you are not already in possession of such literature or require any information or advice in connection with the safe use of the Products you should immediately contact us.
12.9. Nothing in these terms and conditions shall have the effect of excluding or limiting liability for loss arising from death or personal injury caused by our negligence, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.10. All warranties, conditions and other terms implied by statute or common law (except for the conditions implied by section 12 of the Sale of Products Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.11. Subject to condition 11.9 and condition 11.10:
(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 limited to the Contract price; and
(b) We shall not be liable to you for any pure economic loss, loss of profit, loss of business, consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12.12. In the case of Products supplied (including equipment), but not manufactured by us, our liability, shall be limited to amounts recovered by us under warranties given by the supplier to us, provided that we shall not be called upon to bear any liability or expense greater than the amount recovered from that supplier. Nothing herein shall impose any liability upon us in respect of any loss, damage, consequential or otherwise, in relation to or arising out of Products found to be defective or attributable directly or indirectly to the acts, omissions, negligence or default by you or your servants or agents including (in particular but without prejudice to the generality of the foregoing) any failure by you to comply with any of our recommendations as to the storage, handling and use of the Products.
13. IMPORT DUTY
13.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. NOTICES
15.1. All notices given by you to us must be given to Sun Chemical Consumables at 1 Datapoint Business Centre, 6 South Crescent London E16 4TL. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
17.3. The acts, decrees, legislation, regulations or restrictions of any government.
17.4. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.5. Except where Products are in transport, where a Force Majeure Event continues for a period of 90 days from the notification of the Force Majeure Event causing non performance or delay in performance either of us may terminate the unperformed part of the Contract by notice in writing provided always that your obligation to pay in relation to any part of the Contract which has been performed shall not be discharged.
18. WAIVER
18.3. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.4. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.5. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
19. SEVERABILITY
19.3. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.3. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.4. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.5. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.3. We have the right to revise and amend these terms and conditions from time to time.
21.4. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before We send you the Delivery Note (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. |
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