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Conditions of Sale
1.1 “The Seller” shall mean Emreco International Limited, 69 Springkell Avenue Glasgow.
1.2 “The Purchaser” shall mean the person buying the Goods.
1.3 “The Goods” shall mean any Goods to be supplied by the Seller to the Purchaser from time to time in accordance with these Conditions of Sale
1.4 “Order” shall mean any Order for and on behalf of the Purchaser, which the Seller accepts.
1.5 “Invoice date” shall mean the date of the Seller’s invoice for the Goods.
2.1 The Seller does not warrant the suitability of the Goods for any purpose.
2.2 The Seller is not liable for any consequential loss the Purchaser may suffer in respect of the Goods.
2.3 The liability of the Seller in respect of faults or defects in the Goods is limited to the price thereof.
2.4 The Goods supplied are for retail sale only by the direct Purchaser. The Goods must not be sold on to any 3rd party Purchaser or to be retailed in any way without permission of the Seller.
3.1 Unless otherwise agreed by the Seller in writing, time will not be of the essence. The Purchaser will not be entitled to cancel or withdraw any Order, in whole or in part. The Seller shall have no liability for any delay in delivery of the Goods.
4.1 The Goods will be delivered by a carrier of the Seller’s choosing.
4.2 The Goods must be signed for by the Purchaser upon delivery.
4.3 Any claim for the loss or damage arising out of carriage of the Goods, including a claim for non delivery of part of a consignment of the Goods, must be made in writing to the carrier and the Seller within 3 days from the date of delivery.
4.4 Any claim for non-delivery of a complete consignment of the Goods must be made in writing to the Seller within 21 days of invoice date.
4.5 Any failure by the Purchaser to comply with the provisions of the preceding clauses will result in the Purchaser being deemed to have waived any and all such claims for loss or damage or non delivery and the Purchaser shall be obliged to make payment, in full, for such Goods, regardless.
5.1 The Purchaser may return any part of the Goods, only on the following terms: -
5.1.1 The Purchaser shall return any part of the Goods which are unwanted to the Seller (with a written note from the Purchaser, specifying the reasons for returns) within 28 days of receipt of the Goods by the Purchaser.
5.1.2 Any Goods, which the Purchaser wishes to return, must be delivered by a recognised carrier to the Seller’s address in Slough.
5.1.3 For the avoidance of doubt, the Seller does not accept returns through its agents or other third parties.
5.1.4 The risk of loss or damage to the Goods being returned shall remain with the Purchaser until the Goods are received by the Seller.
5.2 The Seller shall examine the returned Goods and provided they are in original condition, will issue the appropriate credit or refund within 28 days of receipt of the returned Goods.
5.3 In the event that, in the Seller’s reasonable opinion, the returned Goods are not in their original condition in any material respect: -
5.3.1 The Seller will redeliver the returned Goods to the Purchaser within 28 days of receipt of the returned Goods by the Seller, and: -
5.3.2 The Seller shall be entitled to be reimbursed by the Purchaser for the carriage costs and all other related costs of redelivering the returned Goods provided for in clause 5.3.1 hereof.
5.4 At the Purchaser’s option as an alternative to the provisions of clause 5.1.1 hereof, the Purchaser may notify the Seller in writing as to faulty Goods: -
5.4.1 Such written notice must specify the nature of the fault (or faults) and be given to the Seller within 28 days of receipt of the Goods by the Purchaser.
5.4.2 Thereafter, the Purchaser will be obliged to follow the Seller’s reasonable instructions in connection with the faulty Goods. For the avoidance of doubt the provisions of clauses 5.1.2, 5.1.3 and 5.1.4 will be deemed to be incorporated in the Seller’s instructions, unless otherwise agreed in writing by the Seller.
5.5 The Purchaser shall not be entitled to any refund or credit or to withhold any payment in respect of any or all of the Goods or any other payment due to the Seller, unless and until the Seller has confirmed acceptance of the returned Goods for credit to the Purchaser, in writing.
5.6 Acceptance of delivery of returned Goods shall not be deemed to be: -
5.6.1 An acknowledgement that the returned Goods are faulty, or
5.6.2 An acceptance of the Purchaser’s right to return Goods, or
5.6.3 An acceptance of the Purchaser’s right to a credit or refund.
6.1 Notwithstanding any of the other provisions of these conditions of sale, in the event of any part of an Order being cancelled or withdrawn by the Purchaser, or the Purchaser refusing or unnecessarily delaying delivery of the Goods, the Purchaser will be liable to pay to the Seller damages for breach of contract amounting to 20% of the invoice value of the Goods which percentage represents a reasonable and genuine estimate of the Seller’s loss. However, in the event that the Seller’s loss is greater, the Purchaser shall be liable to pay to the Seller such higher amount.
7.1 For invoices dated up to and including the 19th of a month, payment shall be due by no later then the 10th day of the immediately following month. For invoices dated from the 20th of a month to the last day thereof (inclusive) payment shall be due by no later that the 10th day of the second following month.
7.2 Interest will run on any overdue sums at the rate of 1% per month (calculated on a daily basis) from the date when due until paid.
7.3 In addition, if the Purchaser fails to make payment of any amount when it is due to be paid, the Seller shall be entitled to impose such administration charge (or charges) as may be reasonably determined by the Seller
7.4 Further, the Purchaser will be obliged to reimburse the Seller any costs incurred by the Seller in recovering money owed to the Seller by the Purchaser.
7.5 The Seller shall be entitled to withhold delivery of the Goods, or any part thereof, in the event that at the time of the proposed delivery the Purchaser has breached the terms of clause 7.1 hereof and these are sums overdue by the Purchaser to the Seller.
7.6 Notwithstanding the terms of clause 7.1 hereof, the Seller shall be entitled to demand payment for the Goods before delivery in the event that the Purchaser has at any time breached the terms of clause 7.1 whether or not such breach occurred in relation to a past or present Order.
7.7 Payments made by the Purchaser may be applied to whatever invoices or sums are due by the Purchaser to the Seller, such as the Seller, in his sole right, shall determine.
8. FORCE MAJEURE
8.1 The Seller will have no liability for any delay, loss or inability to deliver Goods as a result of accidents, strikes, fires, floods, wars, government action or regulations, acts of God or any other conditions or causes of a like or unlike nature beyond the control of the Seller.
9. RETENTION OF TITLE AND RISK IN THE GOODS
9.1 Title to the goods shall remain with the Seller and shall not pass to the Purchaser until payment in full for such goods. and all other goods sold or otherwise supplied by the Seller to the Purchaser whether before or after the supply of such goods, has been received in cash or cleared funds by the Seller. Notwithstanding the foregoing, risk in the goods shall pass on delivery to the Purchaser.
10. NO VARIATION OR WAIVER TO BE BINDING
10.1 The Seller shall not be bound by any variation, waiver of, or addition to these conditions except as agreed in writing by the Seller.
11.1 The construction, validity and performance of these conditions shall be governed in all respects by the Law of Scotland.