TERMS AND CONDITIONS
CONDITIONS OF SALE
In these conditions “Summit Supplies.co.uk are referred to as “Summit “ and the “The Customer” is a company or individual(s) or other Trading entity to which “Summit” Supplies “Goods” (such being physical goods or related services). These conditions form “The Contract” for the supply of goods by Summit to the customer and, in default of any other terms being agreed in writing between both parties. These conditions will apply to a contract.
- The contract is created when an order for a supply of goods to the customer by Summit is deemed accepted. Acceptance is evidenced via a written and undisputed purchase order from the customer or order acknowledgement from Summit or other equivalent document.
- Any variation of terms for an order must be agreed between both parties before the contract is created.
- Each order for goods represents a separate contract and no special conditions that may pertain to one contract shall transfer to another contract.
- A contract once created may not be cancelled or varied by the customer without the agreed consent in writing by Summit. Any reasonable costs incurred by Summit directly related to a cancellation or variation will be chargeable to the customer.
PRICES AND DESCRIPTIONS
Prices quoted by Summit are current but we reserve the right to make adjustments if necessary due to currency fluctuations, raw material or factory increases. Unless otherwise stated, all prices are exclusive of any applicable value added tax, for which the customer shall be additionally liable to Summit. Where purchased are stated to be offered on a “VAT-FREE” basis the prices for qualifying items will be reduced by the equivalent of VAT.
The information on our website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to:-
- Correct any errors, inaccuracies or omissions.
- Change or update information at any time without prior notice (including after you have submitted your order).
- Refuse or cancel orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If a credit card has been charged, a credit will be issued.
- Please not that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings caused as a result of products sold with inaccuracies or omissions in the descriptions.
Payment must be received for the whole of the price of the goods you order, and any applicable charges for carriage and insurance; before your order can be accepted unless we agree otherwise in advance in writing.
- No payment shall be deemed to have been received, until Summit has received cleared funds.
- Unless otherwise agreed, payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to Summit, goods will remain with Summit and will not pass to the customer until the full payment has been received, subsequent orders and deliveries will be refused until such payment has been received.
- We will only accept payments from UK Registered Credit/Debit Cards.
Summit warrants that all goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12 months from the date of delivery. Summits obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods, which shall be returned to Summit by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions.
W1) Claims must be notified in writing to Summit within seven days from the date of delivery.
W2) Summit shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
W3) Summit shall be under no liability if the defect or failure, in the reasonable opinion of Summit, arises from wilful damage or misuse, negligence by the customer or third party, failure to follow Summit’s instructions, or alteration or repair of the goods without Summit’s prior approval.
W4) Summit shall be under no liability if the price for the goods has not been paid by the due date for payment.
W5) The above warranty does not extend to parts, materials or equipment not manufactured by Summit, in respect of which the customer shall be entitled only to benefit of any such warranty or guarantee as is given by the manufacturer to Summit.
W6) Except in the case of death or personal injury caused by Summit’s negligence, Summit shall not be liable for any consequential loss or damage (whether for loss or profit or otherwise) or other claims for consequential compensations.
W7) A restocking charge of 15% of the goods or £15 whichever is the greater will apply to any orders returned having been ordered in error.
The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
Summit shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the company’s obligations in relation to the goods. If the delay or failure was due to Force Majeure or to any other cause beyond Summit’s reasonable control.
RESERVATION OF TITLE
The goods sold under these conditions shall remain the absolute property of Summit and legal title in the goods shall remain vested in Summit until payment in full or all amounts invoiced or due to Summit in respect of the goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter in liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the goods has passed in accordance with this condition. Summit shall be entitled, immediately after giving notice of it’s intention to reposes the goods, to enter the premises of the customer with such transport as may be necessary and to reposes any goods to which it has title under this condition. No liquidator, receiver, administrator, administrative receiver of the customer shall have authority to sell goods to which Summit has title without the prior written consent of Summit.
- Until such time as the property in and legal title to the goods passes to the customer, the customer shall hold the goods as Summits fiduciary agent and bailee and shall keep the goods separate from those of the customer and third parties and properly stored, protected, insured and identified as Summits property. Until that time the customer shall be entitled to resell or use the goods in ordinary course of its business, but shall account to Summit for the proceeds of sales of the goods, including insurance proceeds, and shall keep all such proceeds separate from any monies of the customer and of third parties.
- The customer shall not be entitled to pledge or charge, by way if securities for any indebtedness, any of the goods which remain property of Summit, but if the customer does so, all monies owing by the customer to Summit shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
- Summit shall be entitled to maintain an action for the price of goods not withstanding that title in them has not passed to the customer.
INSOLVENCY OF CUSTOMER
If the customer, being a body corporate, shall pass a resolution or suffer an order of the court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then Summit shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and material already purchased for the customer, such charge to be in immediate dept due from the customer.
The acceptance of a quotation includes the recognition by the customer of the right of Summit under any patent rights, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.
These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts.