Terms and Conditions
4.1 Although the Seller will endeavour to dispatch Goods on time, times quoted are indicative only and not guaranteed. The Seller will ship the Goods to the address in the UK named by the Buyer. The Seller is not liable to the Buyer for any loss due to late delivery however caused. Where Goods are delivered in instalments, each delivery constitutes a separate contract and the Seller's failure to deliver instalment(s) in accordance with these Conditions does not entitle the Buyer to cancel the order. 4.2 If the Buyer fails to take delivery of the Goods the Seller may store the Goods until actual delivery and charge the Buyer all additional costs incurred or sell the Goods.
5.1 The Seller retains title in the Goods until the full price of them is paid; until then the Buyer holds the Goods as the Seller's fiduciary agent and bailee and shall properly store them identifiably as the Seller's, but may resell them at market value in the ordinary course of its business and title shall pass to the Buyer immediately prior to such resell. Nothing in this condition relieves the Buyer of its obligation to pay for the Goods. 5.2 Risk in the Goods passes to the Buyer on delivery to the Buyer or its agent or if the Buyer does not take delivery, when the Seller tenders delivery.
8.1 Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions. 8.2 The Goods are sold and information and advice rendered on the basis that the Buyer is solely responsible for determining the suitability of the Goods for the purpose for which they are intended. The Seller warrants that on delivery, the goods correspond with their written description. 8.3 Except where the Goods are sold under a consumer sale (i) the Seller does not give any warranty as to the fitness for purpose of the Goods, (ii) any warranty implied by law as to the quality or fitness for any particular purpose of the Goods is excluded, and (iii) the warranties expressly stated in these terms constitute the sole and exclusive warranties by the Seller with respect to the Products and the Seller expressly disclaims all other warranties, expressed or implied. 8.4 The Buyer must fully inspect the Goods on delivery, as the Seller has no liability for damage or shortage unless the Buyer notifies the Seller of the damage or shortage in writing within 10 days of delivery of the Goods. 8.5 Where the Buyer makes a valid claim based on quality or condition or failure to meet specification the Seller shall replace the relevant Goods free of charge or refund the Buyer the price of those Goods but the Seller shall have no further liability to the Buyer.
8.6 The Seller shall not be liable for any defect in Goods supplied or any other damage or loss arising from any of the following: failure to comply with requirements and recommendations of the Seller; misuse of the Goods; alteration or repair of the Goods; any defect in the Goods arising from the Buyer's design or specification. 8.7 The Seller accepts unlimited liability for (in the case of humans) death or personal injury caused by its negligence and for breach of section 12 Sale of Goods Act 1979 and accepts liability for death or personal injury to animals resulting solely from its negligence up to a maximum of £10,000. 8.8 Subject to the other provisions of this condition 8 the Seller’s entire liability for any loss or damage suffered by the Buyer arising from any defects in the Goods or any act, omission, breach of these Conditions, breach of statutory duty or negligence shall be limited to the invoice price of the Goods in respect of or in relation to which loss or damage is claimed.
13.1 This condition 13 only applies where the Buyer is an individual and is purchasing Goods for purposes unconnected with his business and where this is the case this condition 13 takes precedence over all other provisions in these Conditions. 13.2 The price of the Goods is the price listed on the Seller's price list plus the value added tax each applicable at the time of the Buyer's order and includes delivery for all orders over £50 (before VAT is applied), otherwise the Buyer may be charged up to £10 (plus VAT) for delivery within the UK mainland. Additional charges may apply to deliveries outside the UK mainland. The Buyer is advised to check current prices and delivery charges before ordering. 13.3 The Seller will procure the delivery of the Goods to an address in the UK named by the Buyer. The Seller shall deliver the Goods within 30 days of the date of the Buyer's order unless the Seller notifies the Buyer in writing that this is not possible. If the Seller does not provide such notice or does not deliver in the agreed time the Buyer may cancel the order and the Seller will refund any prepayment. 13.4 The Buyer may cancel an order within 7 days of delivery of the Goods. 13.5 The Seller is Safavet Direct, a trading division of Labpak Limited, Torbay Road, Castle Cary, Somerset BA7 7DT, CV1 1YS. Information on after sales service is available in writing from the Seller on request.
14.1 These Conditions and the order (but excluding any conditions of purchase which shall not apply) set out the entire agreement between the parties. 14.2 These Conditions are governed by and are construed in accordance with English law. The parties submit to the exclusive jurisdiction of the English courts.