TERMS & CONDITIONS
Definitions: In these terms and conditions:
www.dsdistribution.uk is a trade name of Direct Source Distribution Ltd and when used in these conditions it includes any connected organisation that actually supplies goods ordered by you or any successor to that business; ”working day” means every day of a calendar year apart from weekends and statutory and public holidays; ”us” or “seller” means Direct Source Distribution Ltd and you together; ”you”, ”your”, “agent/s” and “customer/s” means the person ordering goods under these terms and conditions.GENERAL
Direct Source Distribution Ltd must either itself or for and on behalf of advertisers receives payment of the whole of the price for any goods or services that you order before your order shall be deemed ready for acceptance. Acceptance of your order shall be signified by the sending of an email to you at your email address you provide on the order form. Direct Source Distribution Ltd acceptance of your order has the effect of bringing into existence a legally binding contract.COPYRIGHT
Permission is granted only to electronically copy and/or print in hard copy portions of this site for the sole purpose of placing an order with Direct Source Distribution Ltd or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Direct Source Distribution Ltd Ltd is strictly prohibited.
All design, logo’s, text, graphics and the selection or arrangement thereof are the copyright of Direct Source Distribution Ltd
© Direct Source Distribution Ltd 2003.
(a) Notwithstanding any offer, quotation tender or price list, orders can only be accepted at prices ruling date of despatch. The Seller reserves the right to amend prices without notice.
(b) Prices quoted do not include Value Added Tax which will be charged at rate ruling date of despatch.
(c) All orders are treated as separate transactions and will be subject to delivery and small order surcharges as appropriate.
(d) Although we endeavour to provide exact information as possible the accuracy of any information supplied as to price, description, measurement or specification of goods and services cannot be guaranteed sue to manufacturer’s revisions. Such information is given by way of identification or illustration only and the use of such description shall not constitute any contract as sale by description. Where any such details are important the customer should themselves verify the information before placing an order.
It is the customer’s responsibility to confirm that all goods comply with local bylaws and/or regulations.
(e) Clerical errors and omissions are subject to correction without notice.
(f) All plans, drawings, specifications and quotations are subject to confidentiality clause and must not be disclosed to any third party without the seller’s written consent.PAYMENTS
(a) All payments will be made by you as agreed with one of the sales reps. The goods invoiced shall remain the property of Direct Source Distribution Ltd and will not be passed to the buyer until we receive the full payment due. Any cheques given by you in payment of any sums due to Direct Source Distribution Ltd shall not be treated as received by Direct Source Distribution Ltd until such cheque/payment is cleared.
(b) Where credit has been given the Invoices shall be paid by the 26th day of the month following date of invoice unless alternative terms have been agreed in writing by the seller. Invoices remaining unpaid after the due date will be subject to a 20% surcharge and will be invoiced accordingly.
(c) In the event of special payment terms being agreed by the Seller failure by the customer to pay any invoice or account according to those terms shall result in all moneys outstanding becoming payable immediately whether they would otherwise be due or not.AVAILABILITY
All orders and offers are subject to availability. If Direct Source Distribution Ltd has insufficient stock to deliver the goods ordered by you, any sum debited by Direct Source Distribution Ltd from your credit card will be re-credited to your account and Direct Source Distribution Ltd Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order.
Direct Source Distribution Ltd will not be obliged to offer any additional compensation for disappointment suffered.DELIVERY
1. Unless specifically agreed Direct Source Distribution Ltd will only deliver goods ordered by you to the billing address of the credit card used to make the payment.
2. Ownership of the goods you have ordered will pass to you on their being delivered to you or a representative of yours collecting from us or to the person you nominate and we have agreed to deliver to. Once goods have been delivered to you hold them at your own risk and Direct Source Distribution Ltd will not be liable for their loss or destruction.
3. All delivery dates are given in good faith and Direct Source Distribution Ltd will as best as they can adhere to these times. However, Direct Source Distribution Ltd will not be liable for failure or delay in delivery due to circumstances beyond the reasonable control of Direct Source Distribution Ltd. In the event of such delay we will deliver the goods at the next available date.
4. Any goods or products delivered by the seller or its agents to the customer or his servant agent or nominee shall remain (save as regards risks thereto) the property of the seller until all invoices, statements or accounts of the seller rendered by the seller to the customer or his servant agent or nominee have been discharged in full and in the event of default or delay in payment howsoever arising the seller shall be entitled to demand the return of the goods which shall be forthwith delivered up to the seller.
The customer agrees that the seller is seeking to exercise its rights under this clause and may at any reasonable time enter the customers premises and remove the sellers goods. Should the customer resell the goods or products prior to such payment the seller’s beneficial entitlement shall attach to the proceeds of resale or to any claim for such proceeds. Such proceeds shall be held by the customer as trustee for the seller in a separate designated account and any rights of the customer to receive such money shall be assigned to the seller on demand. The customers power of sale shall automatically cease if a receiver is appointed over any of the assets of the undertaking of the customer or a winding up order is made against the customer or the customer goes into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation) or cause a meeting of or makes any agreement or composition with creditors or claims of any description material to the recovery of the goods or products from the customer or any third part.
5. All prices quoted are ex works, prices exclude delivery, unloading, positioning or installation unless otherwise stated.
6. The seller will deliver as near as possible to the delivery site as a safe hard road permits
7. The risk in the goods shall pass on arrival at, and (where applicable) entry into the delivery premises. Damage due to inadequate site access or unloading shall be at customers risk.
8. If the customer fails to take delivery on the agreed date, or if no specific delivery date has been agreed, when the goods are ready for despatch, the seller shall be entitled to store and insure the goods and to charge the customer the reasonable costs of doing so and to tender its account for the price of the goods.
9. Delivery to certain location may not be possible.
10. Delivery Times can vary please contact us for delivery confirmations.DELAY
(a) Time for performance by the Seller is given in good faith, as accurately as possible, but it is not to be of the essence of the contract. The customer shall have no right to damages or to impose penalties in the event of late delivery by the seller or his agents, or to cancel the contract for the delay from any cause unless agreed in writing by the seller.DAMAGE
(a) It is the customers responsibility to inspect the goods at time of delivery, before signing the delivery note and accepting the consignment. Any damage must be noted on the carriers delivery note at time of delivery (signing unexamined is not acceptable), otherwise claims cannot be entertained. Damage must be reported to both the seller and carrier immediately, and confirmed to seller in writing within 48 hours of delivery.
(b) Damaged goods will not be exchanged or repaired if used, unless expressly agreed and confirmed in writing by the seller. Usage of goods claimed as damaged will be taken as acceptance of item(s) in good condition and the seller will accept no liability (unless agreed by the seller in writing before such usage).THIRD PARTY/PUBLIC LIABILITY
(a) Save insofar as defect in the products cause death, injury or damage to personal property, the sellers liability for any loss or damage shall be limited to the invoice value of the goods.
(b) Without prejudice to the foregoing the seller in no circumstances be under any liability in contract or otherwise for indirect or consequential loss or damage of whatsoever kind and howsoever caused, suffered by the customer or others, save as may be expressly imposed by statute.LIABILITY
Direct Source Distribution Ltd shall have no liability to you if the goods it delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity unless you notify us of the problem immediately or at the very latest within 48 hours from the date of receipt of goods. If you do not receive goods ordered by you within 30 days of the order date Direct Source Distribution Ltd shall have no liability to you unless you notify Direct Source Distribution Ltd in writing at the Direct Source Distribution Ltd contact address of the non receipt within 40 days of the date on which you ordered the goods.CANCELLATION AND RESTOCKING
(a) Orders can only be cancelled by the customer, subject to any charges deemed necessary by the seller, at the sellers absolute discretion. No cancellation can be accepted for items specially ordered or fabricated for the customer.LIABILITY
(b) Goods despatched to the customer and subsequently accepted for cancellation by the seller will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by the seller.
(c) The seller at its absolute discretion may agree to the return of goods by the customer provided the goods are returned at the customers expense, in the same condition and in the original packaging as of the date of despatch by the seller or their agents.
(d) Any goods agreed by the seller as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking charge of 20% of the net invoice value of the item or items or £25 whichever is the greater, together with the reimbursement of any expense incurred by the seller as a consequence of the return of said goods to the sellers’ stock or to the manufacturers/suppliers stock.
(e) No Goods Shall be returned to Direct Source Distribution Ltd with our prior authorisation from one of our Sales managers.OFFERS
All offers are subject to availability.ORDERS
All Orders are accepted strictly on the understanding that the customer accepts these conditions of business. If a customer issues an official order containing conditions of purchase the Sellers conditions of sale shall prevail unless agreed in writing by the Seller.OFFERS
1. Each order placed, will be seen as a new contract unless otherwise agreed with one of the sales reps.
2. Payments should be made as agreed and as stated on the Invoice.
3. Direct Source Distribution Ltd will be entitled to charge interest at the rate of 24% per annum on any invoice or open balance of any invoice outstanding for a period excess of any agreed period as stated on the Invoice.
4. The customer hereby agrees that in the event that any payment is dishonoured or returned to Direct Source Distribution Ltd ‘s bank account unpaid for any reason then Direct Source Distribution Ltd shall be entitled to debit the customers account with the sum of £50.00 for each representation. If the payment still remains unpaid then the annual 24% interest will be charged.ACCURACY
We have made every effort to display as accurately as possible the colours, text, images and/or related information of the items that appear on the Site. However, as the actual items you see will depend on your monitor, we cannot guarantee that your monitor’s display of any item will be accurate. On occasions when the correct image is not available other similar images may be used at our discretion if the appearance is of particular importance to you, please contact us to confirm the appearance or any related image are genuine and not examples. No liability will be accepted by Direct Source Distribution Ltd for any assumptions made by you.WARRANTY
(a) For Consumers: the seller will warrant the goods against defective parts and workmanship for 12 months from date of the sellers invoice (unless otherwise agreed in writing), providing the item has been installed, used, serviced and maintained in accordance with the manufacturers specification. The seller shall not be liable for any consequential loss suffered as a result of any malfunction or breakdown occurring during or beyond the warranty period.
(b) For those purchasing for resale: In consideration of the discount allowed to the customer, the seller will warrant most goods against defective parts and workmanship for 12 months from date of sellers invoice (unless otherwise agreed in writing) providing the item has been installed, used, serviced and maintained in accordance with the manufacturers specifications.
However certain products are offered on the basis of the labour element of any warranty work being undertaken, and costs borne, by the customer in recognition of the discount allowed, and by ordering the customer accepts the transaction is not a consumer sale as covered by statute. it is the responsibility of the customer purchasing for resale to confirm the relevant warranty arrangements offered on the appliance at time of order.
The warranty on certain goods requires the item to be delivered to workshops for repair, the arrangement and cost of which is the responsibility of the customer who purchased for resale. warranty for items sited offshore mainland UK is subject to manufacturers warrants restrictions as to extent of cover.
(c) Warranty call outs from the customer are accepted on the basis that they are valid and are covered by the manufacturer warranty. Any charges levied in respect of abortive visits or for work deemed by the manufacturers or their agents not to be valid under the terms of the manufacturers’ warranty shall be recharged, including all charges due to incorrect installation (where installation was not provided by the seller). Such charges will be invoiced to the customer to whom the seller supplied and invoiced the equipment concerned, recovery of such charges from any third party being the responsibility of the customer.
(d) In any event except to the extent that the seller is able to pass onto the customer the benefit of any manufacturers express guarantee, the liability of the seller to the customer in respect of any contract for the sale of goods howsoever arising shall not exceed the invoice price of those goods.
(e) The seller shall not be under any duty arising from this provision if the customer is in breach of any provision of the contract to the seller until the customer has remedied the breach.FORCE MAJEURE
Direct Source Distribution Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to the goods delivered that is caused by any event or circumstance beyond its reasonable control, including Act of god inclement weather, flood, lighting, fire, industrial action or lockouts, actions of government departments, war, riot or terrorism, or the action of any party for whom the seller is not directly responsible.UNENFORCEABILITY
If any part of these conditions is unenforceable (including any provision in which Direct Source Distribution Ltd excludes its liability to you) the enforceability of any other part of these terms will not be affected.UNITED KINGDOM ONLY
Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting programs available in the United Kingdom, its territories, possessions and protectorates. We make no representation that materials in the site are appropriate or available for use in other locations. If you access the site from locations other than the United Kingdom, you are responsible for compliance with any applicable local laws.GOVERNING LAW
The contract between you and Direct Source Distribution Ltd under which you have made your purchases it is agreed shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.AGREEING TO TERMS
These terms and conditions, together with the current Direct Source Distribution Ltd Web site prices, delivery details and Direct Source Distribution Ltd contact details, set out the whole of the agreement relating to the supply of the goods to you by Direct Source Distribution Ltd. These terms and conditions cannot be varied except in writing signed by a director of Direct Source Distribution Ltd. In particular nothing said by any sales person or authorised representation on behalf of Direct Source Distribution Ltd should be understood as a variation of these terms and conditions about the nature or quality of any goods offered for sale by Direct Source Distribution Ltd. Direct Source Distribution Ltd shall have no liability for any such representation being untrue or misleading.