Terms & conditions
These standard terms and conditions of sale apply to all transactions safe where different clauses are expressly mentioned within the website
1. SELLER'S CONDITIONS OF SALE APPLY
These are the Terms and Conditions of sale which apply to and govern all our/the Contracts between us 'IQ Storage' as the Seller ('IQ Storage') and you as the Buyer ('The Buyer'). By accepting delivery of the product you accept and agree to be bound by these Terms and Conditions. These Terms and Conditions shall apply as the complete and exclusive terms of each contract, and no variation from the Buyer contained in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed by Plasticworld in writing.
All price quotations are calculated from costs available at the date of the quotation and are shown on the website exclusive of VAT, and delivery. IQ Storage reserves the right to increase the quoted price, if there is an increase in such costs to IQ Storage between the date of order and dispatch.
(a) Unless otherwise and previously agreed in writing (on each occasion) between IQ Storage and Buyer, acceptance by the Buyer of goods which have been ordered shall occur upon delivery, or attempted delivery, to the Buyer.
(b) If the Buyer fails to take delivery at the time specified in the Contract then IQ Storage shall be entitled without prejudice to any other rights he may have to either treat the Contract as at an end and to resell the goods, or to invoice the goods whereupon payment in full shall become due forthwith.
(c) (i) Any date of delivery given by IQ Storage to the Buyer shall be an estimate date only and whilst IQ Storage will endeavour to comply with any such date they shall not be responsible for late delivery.
(ii) Without prejudice to the generality of the forgoing IQ Storage shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of IQ Storage.
All goods are borne at Buyer's risk from the time notification when delivery, or attempted delivery, takes place at the location stipulated in the Contract between the Buyer and IQ Storage
5. LIMITATION OF IQ STORAGE'S LIABILITY
(a) In any case where it is established to the satisfaction of IQ Storage that there has been a short delivery or a failure to deliver the goods to their destination or that the goods have been damaged (whether wholly or in part) prior to delivery IQ Storage will where the goods have been damaged credit the Buyer with the price thereof provided that:-
(i) Any complaint by the Buyer of short delivery of or damage to the goods shall have been notified in writing to IQ Storage immediately upon receipt of the goods;Latest within 24 hours
(ii) Any complaint by the Buyer of failure to deliver shall have been notified within 10 days of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier.
(b) In any case where it is established to the satisfaction of IQ Storage that when delivered goods contained some defect in quality or did not correspond with sample or description then IQ Storage may (entirely at IQ Storage's discretion) assign to the Buyer the benefit of any express guarantee or warranty received by IQ Storage from the manufacturer or supplier of the goods, failing which IQ Storage will:-
(i) Replace the goods without further charge, or
(ii) Accept the return of the goods and credit the Buyer with the price thereof, or
(iii) Make the Buyer an allowance being the difference between the value of the goods at the time of the complaint by the Buyer and the invoice price provided that any complaint by the Buyer shall have been notified in writing to IQ Storage immediately upon delivery.
(c) Save as aforesaid IQ Storage will not be liable to the Buyer for any loss or damage suffered as a result of the events or for any of the reasons referred to in paragraphs (6a) and (6b) of this Condition and without prejudice to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded to the fullest extent permitted by law governing this Agreement and if any provision is held to be invalid then the remainder of these provisions shall continue to apply.
(d) IQ Storage shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract.
(e) IQ Storage shall be under no liability if the goods are not paid for by the due date.
(f) IQ Storage's entire liability shall be limited to the value of the goods.
The decision on whole or part refund will be at the discretion of IQ Storage.
6. CONSEQUENTIAL LOSS
Without prejudice to the generality of the foregoing provisions then IQ Storage shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.
7. TIME OF PAYMENT
All sums due to IQ Storage shall be paid in full prior to dispatch.
8. SELLER'S RIGHT OF RECISSION
IQ Storage shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any Contract between IQ Storage and the Buyer or to suspend delivery in the following events: -
(a) If the Buyer is in breach of any term of the same or any other Contract with IQ Storage and/or (b) If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading.
9. FORBEARANCE BY PLASTICWORLD
No forbearance or indulgence by IQ Storage shown or granted to a Buyer whether in respect of these standard conditions or otherwise, shall in any way affect or prejudice the rights of IQ Storage against the Buyer or be treated as a waiver of any of these standard conditions.
10. FORCE MAJEURE
IQ Storage shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of IQ Storage.
11. PROPERTY RIGHT, ETC
The Buyer shall indemnify IQ Storage against all claims for infringement or alleged infringement of third party patent or other industrial property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyer's order in accordance with the Buyer's designs, plans or specifications shall be indemnified by the Buyer.
12. SIZE OF MATERIALS
Unless specific warranties in writing are provided for accurate sizes all sizes referred to on the website are approximate only.
Where palletised deliveries are requested or necessary, pallets may be charged extra. Pallets subsequently returned at the Buyer's expense and risk in the same condition as delivered will be credited to the Buyer at the price originally charged..
14. PHOTOS The photographs used in the website are for display purposes only and not to be taken as recommendations or advice. Always refer to manufacturers instructions.
All prices shown on the website are considered as an offer by IQ Storage and IQ Storage shall not be bound to sell until it has communicated acceptance to the Buyer of the Buyer's order.
These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts.
17. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.
This section is currently being considered and will appear soon...