Terms and Conditions
This website (southsurvey.co.uk) is operated by South Survey Limited. .
Terms & Conditions
All orders placed through this website are governed by South Survey Limited's Standard Terms & Conditions of Sale.
SOUTH SURVEY LTD ("the Company")
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions the following words have the following meanings:
"The Buyer" the person(s), firm or company who purchases the Goods from the Company;
"Contract" any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
"Goods" any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
2. APPLICATION OF TERMS
2.1 When applying for a credit account, the Buyer must provide the Company its full name and address and telephone number, fax number, VAT registration number, the address of the Buyer's bankers and two trade references
2.2 The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the buyer proposes to apply under any purchase order, confirmation of order, specification or other document).
3.1 The description of the Goods shall be as set out in the Company's quotation.
3.2 All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustration contained in the Company's catalogues, website or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
4.1 Unless otherwise agreed in writing by the Company delivery of the Goods shall take place at the Company's place of business.
4.2 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
4.3 Subject to the other provisions of these Conditions the Company will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
4.4 If for any reason the buyer will not accept delivery of any Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided an appropriate instructions, documents, licenses or authorisations:
184.108.40.206 risk in the Goods will pass to the buyer (including loss or damage caused by the Company's negligence);
220.127.116.11 the Goods will be deemed to have been delivered; and
18.104.22.168 the Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance).
4.5 The Buyer will provide at its expense at the time and point of delivery adequate and appropriate equipment and manual labour for loading the Goods.
4.6 The Company will arrange for the Goods to be delivered to the Buyer at the Company's cost within 24 hours only in the following circumstances:
4.6.1 the invoice value of the Goods is £150 (excluding VAT) or more; and
4.6.2 the Goods are to be delivered in the UK, excluding the extremities of the UK mainland, the Channel Islands, Northern Island, the Isle of Man and the Western Isles.
In all other cases the Buyer will be liable to pay the couriers charges plus, in cases where the invoice value is less than £150 (excluding VAT), the Company's standard charge of £9.95 plus VAT.
5.1 The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless written notice is given to the Company within 14 days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the Goods; and
6.2.2 all other sums which are or which become due to the Company from the Buyer on any account.
6.2.3 The director guarantees the payment of monies on behalf of the company
7.1 Unless otherwise agreed by the Company in writing the price for the Goods shall be the price set out in the Company's price list published on the date of delivery or deemed delivery.
7.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the Buyer will pay in addition when its due to pay for the Goods.
8.1 Payment of the price for the Goods is due within 30 days of the date of the invoice.
8.2 All payments payable to the company under the contract shall become due immediately upon termination of this Contract despite all other provision.
8.3 If the Buyer fails to pay the Company any sum due to pursuant to the Contract the buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 3% above base lending rate from time to time of Yorkshire Bank plc, accruing on a daily basis until payment is made, whether before or after any judgement.
8.4 Until a credit account is opened, the Company must receive cleared funds prior to delivery of the Goods where the invoice value of the Goods is £100 or more.
9.1 The Company warrants that (subject to the other provisions of these conditions) upon delivery and during the applicable warranty Period the goods will be of satisfactory quality and will be reasonably fit for their nominal purpose.
9.2 The company shall not be liable for a breach of the warranty in condition 9.1 unless:
9.2.1 the Buyer gives written notice of the defect to the Company, and (if the defect is as a result of the damage in transit) to the carrier, within 3 days of delivery.
9.2.2 The Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Buyer's cost for the examination to take place there.
9.3 Subject to condition 9.2, if any of the Goods do not conform with the warranty in condition 9.1 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rate Contract rate provided that, if the company so requests, the buyer shall, at the Buyer's expense, return the Goods or the part of such Goods which is defective to the Company.
9.4 If the company complies with condition 9.3 it shall have no further liability for a breech of the warranty in condition 9.1 in respect of such Goods.
9.5 Any Goods replaced will belong to the company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the relevant Warranty Period.
10. LIMITATION OF LIABILITY
10.1 The Company's total liability in contract, delict (including negligence or breach of statutory duty) mis-representation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the amount of the price which the Buyer has paid to the Company for the Goods in question; and
10.2 The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
11. APPLICABLE LAW
The Contract shall be interpreted in accordance with and governed by the laws of England and the parties hereby prorogate the non-exclusive jurisdiction of the English Courts.
1. About this Returns Policy
The terms and conditions set out in this "Returns Policy" apply to all goods purchased from South Survey Ltd in the UK, whether you buy through our website at http://www.surveyorsequipment.co.uk, over the phone or otherwise.
Together with the Terms of Sale this Returns Policy forms part of a legally binding contract between us and you which you accept whenever you buy goods from South Survey Ltd online. All of the terms and conditions in the Terms of Sale will apply equally to this Returns Policy, including any defined terms. In the event of a conflict between the Terms of Sale and this Returns Policy, the Terms of Sale will apply.
2. Your right to cancel
2.1 Goods that are ordered cannot be cancelled once the order has been despatched. Call 01200 429870 to see if goods have been despatched. Once the goods have been delivered you can only return them if they are not of satisfactory quality or reasonably fit for the purpose and we cannot remedy the fault to your reasonable satisfaction.
3. Your right to cancel "off the shelf" goods
3.1 Where you place an order through South Survey Ltd for standard stock products which are not ordered to your specification you can cancel your order at any time before the goods have been despatched to you.
3.2 Following receipt of the goods, you can cancel your contract by notifying us (as set out in section 4 below) within fourteen (14) days of the date on which the goods were delivered. This means that if you change your mind about the goods or for any other reason you decide you do not want to keep the goods; you can notify us of your decision to cancel the contract, and then return the goods to us for a refund. If your order comprises more than one item you can cancel and return any of the items individually or in combination. A restocking charge of 15% of the item value may be charged.
3.3 Nothing within this Returns Policy or the Terms of Sale affects your rights under law, and in particular you will always be entitled to return goods to us for a full refund if they were misdescribed, or are not of satisfactory quality or reasonably fit for their purpose and we cannot remedy the fault to your reasonable satisfaction.
4. How to cancel
4.1 If you wish to cancel an order please contact South Survey Ltd by calling 01200 429870. Please have your invoice to hand and be ready to quote your invoice number and to specify which goods you want to return. Alternatively you may give us written notice of your cancellation. This can be done by writing to us at South Survey Ltd, 21 Deanfield Court, Clitheroe, Lancashire, BB7 1QS. You must include your invoice number in the written notice, and clearly specify which goods you wish to return and the reason for the return.
4.2 Where you cancel your order after the goods have been delivered you agree to return the goods to us by following the procedure set out below.
5. Returning your goods
5.1 If you would like to return the goods yourself, you can take or send them to South Survey Ltd, 21 Deanfield Court, Clitheroe, Lancashire, BB7 1QS. You will need to take or send all of the goods you are returning, together with a copy of your invoice.
5.2 To arrange collection of the unwanted goods please contact South Survey Ltd, 21 Deanfield Court, Clitheroe, Lancashire, BB7 1QS. Alternatively you can speak to South Survey Ltd 01200 429870. Please have your invoice number to hand. We will then arrange for your unwanted goods to be collected. A collection fee and restocking fee will apply.
5.3 You agree to return the goods in full, in a resalable condition and securely packaged (properly repacked in their original packaging if they were removed from it). You are responsible for all costs of returning the goods.
6. Taking reasonable care of the goods
6.1 You agree to take reasonable care of the goods from the time that they are delivered to you until the time that they are returned. Examples of a failure to take reasonable care of goods may include if you use the goods, if you assemble or part assemble the goods or if you remove the goods from their packaging and fail to properly repack them. If your failure to take reasonable care of the goods means that they cannot be resold as new we reserve the right to apply a charge of 30% of the price you paid for the goods, which you agree we may discount from your refund for the goods. We can only re-sell opened, assembled or used goods at a significantly discounted price and the 30% charge is your agreed contribution to our likely loss on these goods.
6.2 If the goods are damaged whilst in your care (including damage caused in assembling or disassembling the goods), if you fail to return all parts of the goods or otherwise if your failure to take reasonable care of the goods means that we reasonably believe that resale will not be possible at all, you agree that we may withhold payment of all or part of the refund in respect of the goods as compensation for our loss on these goods.
7. Conditions of Collection
7.1 Collection of the goods will only take place from the delivery address to which they were delivered, and will be subject to the following conditions:
7.1.1 if collection cannot be made from your chosen location due to the nature of the premises, because there is insufficient access or for any other reason that is not within our reasonable control, including your absence at the time of collection, you agree to pay our reasonable additional collection fees and the costs of re-arranging collection;
7.1.2 you agree to give our representative all goods which are being returned, including all component parts of such goods and all related items or accessories (including original packaging) which are included in the price of the goods being returned;
7.1.3 a collection document must be signed by you to confirm that the collection has taken place. The collection document will be provided by the representative who comes to collect your goods;
7.1.4 you keep the goods at your own risk until they have been removed by our collection agents from your premises;
7.1.5 if you are not personally available to undertake any of your obligations under this paragraph 7.1, you may appoint a representative to do so in your place. The representative must be an adult capable of supervising collection on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own;
7.1.6 this paragraph 7.1 does not take away any rights you may have under law. To find out more information contact your local Citizens Advice Bureau (www.citizensadvice.org.uk).
8. Collection fee
8.1 We will charge for the cost of sending a representative to collect your goods. You agree that we may set-off the collection fee against any sums being refunded to you.
8.2 Collection fees will apply to each collection made by us and will be charged in full even if not all the items you ordered are being returned.
8.3 If you are returning your goods because they are faulty or incorrect, no collection fee will be charged.
9. Refunding your money
9.1 We will make all refunds to the card used for payment.
9.2 The refund will include the cost of the returned goods and the original delivery fee (where you are returning all of the goods on the order) less any charges for failure to take reasonable care of the goods and any collection fees.
10. Your consumer rights
10.1 This Returns Policy does not take away any rights you may have under consumer law. For more information contact your local Citizens Advice Bureau (www.citizensadvice.org.uk).
10.2 This Returns Policy is in accordance with your right to cancel a contract formed at a distance under the Consumer Protection (Distance Selling) Regulations 2000.