Contracts entered into by Boyd Sport & Play Ltd (trading as sportsequip.co.uk) with consumers for the supply of goods are subject to these conditions.
1. In the absence of prior written agreement signed by an authorised officer of sportsequip.co.uk, no variation of these conditions shall apply in any contract, nor shall any other terms or conditions, forming part of or attached to any correspondence, purchase order form or document prevail over these conditions. Orders placed by telephone are also to be subject to these conditions and must be confirmed in writing as soon as possible. No responsibility is accepted by sportsequip.co.uk for the inaccuracies of the orders given by telephone. We will confirm to you in writing any representations or assurances we have given to you over the telephone when you placed your order.
2. Any time given for delivery by sportsequip.co.uk is an estimate only and sportsequip.co.uk shall not be responsible for any damage or loss arising directly or indirectly from any delay or advance in delivery. We will, however, deal with delivery times as set out in our ‘Deliveries’ policy statement which sets out your rights to a refund if we cannot agree on certain dates. Please note that our couriers and delivery services we use tend to deliver during the working day. In the event that there may not be anyone in to sign for your order you may wish to give a work address. It is always the customers responsibility to offload goods delivered. If an item is heavy or bulky we reserve the right to charge a redelivery fee if the customer is not there to accept / collect the goods as arranged. sportsequip.co.uk accept no liability for any consequence arising as a result of any instruction to deliver goods without signature.
3. Subject to our ‘Deliveries’ policy statement, sportsequip.co.uk shall not be liable for any delay or for any consequence of any delay, caused by any matter beyond the reasonable control of sportsequip.co.uk. In the event of any, such delay, the period for sportsequip.co.uk to obtain and deliver the goods ordered shall be extended by such period as sportsequip.co.uk may reasonably require to perform its contractual obligations. For the purposes of this clause, any matter beyond the reasonable control of sportsequip.co.uk shall include (but shall not be limited to) acts of God, unavailability of goods or raw materials, civil commotion, drought, fire and legislation of any competent authority.
4. Cancellation of an order, in accordance with our ‘Returns’ policy statement and the Consumer Contracts Regulations, shall not incur you in any costs other than the costs of returning the goods. Any other cancellation of an order will entitle sportsequip.co.uk to payment of all costs, expenses and losses which it incurs as a result.
5.(i) Prices quoted by sportsequip.co.uk are provisional only and may be altered without notice. The price will be confirmed at the time your order is accepted.
6. Payment with order is required for any orders below £100 in value. Credit accounts may be opened subject to satisfactory business references, but may not be used until references have been cleared and details of your bankers have been provided. Invoices are due for payment upon receipt and time for payment shall be of the essence of the contract.
7. sportsequip.co.uk shall only be bound to deliver goods in accordance with the general description under which they are sold. It is a condition of placing an order that the purchaser makes clear the purpose for which the goods are being purchased, and the specific or likely location where the goods are likely to be installed or located. All sizes, weights and measurements of materials quoted are nominal only and may vary slightly from time to time.
8. When installation is to be undertaken by sportsequip.co.uk the contract price is based upon the particulars supplied by the purchaser at the time of quotation and if any additional works or materials are found to be necessary subsequently which were not apparent from the particulars an extra charge will be made.
9.(i) Any claim by the purchaser that goods supplied do not conform to the contract must be made in writing within 14 days of delivery.
10. If the purchaser shall fail to pay the contract price to sportsequip.co.uk on the due date, or if a natural person dies or be the subject of an Order under the Mental Health Act 1959, or if any distress or execution is levied upon the purchasers property or assets, or if the purchaser shall offer to make any scheme of arrangement with creditors, or commit any act of bankruptcy or (being a company) has a receiver appointed of any part of its undertaking or assets, or if a resolution for winding-up be passed, then sportsequip.co.uk may treat all sums due, or to become due, on any account as immediately payable or suspend or cancel further delivery or require payment in advance thereof, or recover any goods which are unsold wherever they are stored, or treat the contract as repudiated by the purchaser, without prejudice to any rights of sportsequip.co.uk.
11. Waiver by sportsequip.co.uk of any of these conditions shall not in anyway affect the validity of any other conditions.
12. These conditions shall be subject to and construed in accordance with English law and the purchaser shall submit to the jurisdiction of the English Courts. If any dispute as to the proper interpretation of these terms cannot be settled by agreement it shall be referred for determination to a single referee pursuant to the provisions of the Arbitration Act 1950 or any, statutory modification thereof and to he appointed in default of agreement by the President for the time being of the Law Society. In the event of the purchaser failing to make payment as required by these conditions the Company shall be entitled to charge interest on a daily basis until payment has been received at a rate of 5% above the Bank of England minimum lending rate prevailing during the period of such default.
13. These terms and conditions do not affect customers’ statutory rights.
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