Terms and Conditions For Flowjet
1.1 In these Conditions, the following definitions apply unless the context requires otherwise: "Catalogue" means the then-current (as at the date of the order) version of the relevant Flowjet printed product catalogue; "Conditions" means the terms and conditions set out in this document, as amended from time to time and displayed on the Website in accordance with clause 9.8; "Contract" means the contract between Flowjet and you for the sale and purchase of Goods in accordance with these Conditions; "Directs" means Goods dispatched directly to you by a third party supplier or manufacturer; "Goods" means the goods (and associated services, if any) you are purchasing as set out in your order; "Order" means your order for Goods on the Website; "Parties" means you and Flowjet; "Specification" means any specification for the Goods that is agreed by the Parties; "Stock" means Goods which are held and dispatched by Flowjet and third party suppliers for and on behalf of Flowjet; "Warranty Period" means the relevant warranty period applying to the Goods; "we" or "Flowjet" means Flowjet Cleaning Equipment Limited, a limited liability company incorporated in England (Company Number 07548943) whose registered office is at Unit 4 Gatebeck Farm, Gatebeck, Cumbria, LA8 0HW; "Website" means the Flowjet website located at www.www.flowjet.co.uk; "Working Days" means any day Monday to Friday excluding bank and public holidays in England; "you" means the entity or legal person which purchases the Goods from Flowjet; Flowjet Cleaning Equipment Limited of Unit 4 Gatebeck Farm, Gatebeck, Cumbria, LA8 0HW own and operate the website www.flowjet.co.uk.
2 BASIS OF SALES
2.1 You acknowledge that:
(a) All sales contemplated or concluded under these Conditions shall be on a business-to-business basis and that any Goods purchased hereunder will be purchased for business purposes only. In particular, your attention is drawn to the provisions of Clause 5.4. As a business customer, purchases made under this contract will not benefit from the same statutory protection available to consumers under the Sale of Goods Act 1979 (as amended) and other related consumer legislation;
(b) All Goods supplied under these Conditions shall be used for, and in the course of, a commercial business and shall not be provided for resale. We reserve the right to reject/cancel Orders (as appropriate) if we reasonably determine that Goods are being ordered for resale; and
(c) From time to time, we may introduce minimum order volumes in respect of certain Goods and/or Orders. We reserve the right to reject/cancel Orders (as appropriate) if such minimum order volumes are not met.
2.2 Unless expressly agreed otherwise in writing by Flowjet, these Conditions shall apply to the contract. They shall be deemed to be incorporated into all Orders to the exclusion of any other terms or conditions which you may seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing. To avoid doubt, only the Conditions that appear on the Website shall apply to Orders, and the separate terms and conditions in the Catalogue shall not apply to Orders.
2.3 Although we endeavour to ensure that the pricing information, product descriptions and associated images in the Catalogue are kept up-to-date, the information on the Website will always be the most current and accurate source of pricing and product information. Consequently, in the event of any conflict between the content of the Catalogue and the content of the Website, the Website's content shall prevail.
2.4 The Order is an offer by you to purchase the Goods under these Conditions, which we may accept or decline at our discretion. Please note that we cannot supply the Goods to any person under the age of 18. We can only deliver the Goods to addresses within the United Kingdom, excluding addresses within those postcodes and locations listed as Excluded Postcodes.
2.5 The Order shall only be deemed to be accepted by Flowjet when the Goods are dispatched to you, at which point the contract shall come into existence and become binding upon you.
2.6 The Contract constitutes the entire agreement between you and Flowjet. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Flowjet, which is not set out in the contract.
2.7 You are responsible for ensuring that the details provided in your order are complete and accurate in all respects.
3.1 Subject to Clause 2.3, the Goods are described in: (i) the Catalogue; and/or (ii) the Website.
3.2 We reserve the right to make changes to the specification of Goods that we consider necessary to achieve the required quality or performance or to ensure conformity with any applicable statutory or EC requirements.
3.3 The measurements of the Goods, including, without limitation, parameters such as size, capacity and weight, are approximate only. These measurements are as advised by Flowjet's suppliers and manufacturers. Such measurements are correct to Flowjet's knowledge but may be subject to errors and omissions. On occasion, we may have to discontinue the supply of particular Goods without notice for reasons beyond our control. If this happens, we will use reasonable efforts to supply you with a suitable alternative.
3.4 Please note that the images of any Goods on www.flowjet.co.uk and in our sales materials are for illustrative purposes only. We disclaim, to the fullest extent permitted by law, any liability to you for any typographical, clerical, or other error, omission or mistake in sales materials, quotations, price lists, the Catalogue, the Website, invoices or any other documents we provide. Where any such error, omission or mistake has occurred, we reserve the right to withdraw the relevant Goods from sale immediately and/or cancel any unfulfilled Orders for the relevant Goods without liability to you. Please note that some Goods may be supplied with alternative labelling or packaging to that illustrated, but the Goods will be of similar quality and price.
3.5 If you identify an error, mistake or omission, please let Flowjet's sales office know immediately. We will offer you the option of reconfirming the order with appropriate changes or allowing you to cancel the order. If you decide to cancel your order, we will refund or credit you with any sum that has been paid.
3.6 Any requests for cancelling an Order where it is no longer required should be made to the Flowjet Sales Office on 015395 66193, before the actual despatch of Goods if possible.
3.7 Where indicated, the Goods must be used as stipulated. In addition, it is your responsibility to check before purchasing that the Goods are suitable and safe for the people and purposes for which they will be used.
3.8 All Goods are subject to availability. If Goods are out of stock, we reserve the right to substitute equal or superior quality products to fulfil your order. If the substitute is unacceptable to you, we will accept the return of the substitute and refund to you any payment made for the same provided that the substitute Goods are returned unused, in their original packaging, in accordance with the collection arrangements notified to you in the delivery note or otherwise.