BASIS OF SALE
All Customer Orders will constitute an offer to buy Goods or
provide Services which The Consortium may accept or decline,
subject to the Conditions. The Contract will constitute the entire
understanding between The Consortium and the Customer. These
Conditions take precedence over any previous Consortium
Catalogue standard terms and conditions, and exclude any others
stipulated or incorporated or referred to by the Customer, whether
in the Order or any course of dealings established between The
Consortium and the Customer, unless agreed in writing by an
authorised representative of The Consortium. Products are not
intended for resale. The Consortium reserves the right to refuse
orders from dealers and distributors. The Consortium cannot
accept orders from individuals under the age of 18.
DESCRIPTION
Every care is taken to ensure that illustrations and descriptions are
as accurate and informative as possible.
The Consortium reserves the right to change the design,
specification and source of supply as necessary. In such cases every
reasonable effort will be made to supply Goods of equal or better
quality. Colours shown in the Catalogue should be used as a guide
only, as variations due to photography and printing can occur. Any
typographical, clerical or other error or omission in any Catalogue,
sales literature, quotation, price list, acceptance of offer, invoice or
other document or information issued by The Consortium will be
subject to correction without any liability on the part of The
Consortium.
If an error is found, The Consortium will inform you as soon as
possible and offer you the option of reconfirming your order at the
correct price or cancelling your order. If you cancel, The
Consortium will refund or credit you for any sum that has been
paid by you or debited from your credit card for the goods.
PRICES
All Prices are quoted in UK pounds sterling. It is The Consortium‘s
policy to hold prices firm during the valid period of the Catalogue.
However, The Consortium reserves the right to amend prices at any
time. The prices shown in the Catalogue are exclusive of any
applicable VAT. This is chargeable on all Goods at the current rate.
LOWEST PRICE GUARANTEE
In the event that the Customer finds the same item in any other
current Business to Business mail order catalogue at a lower price
within 7 days of purchase, then The Consortium will match that
price, subject to the following conditions:
The price must be a published price, be generally available to all
customers and based on the same purchase quantity. Proof of
pricing must be provided in the form of photocopied or faxed and
dated catalogue pages. The Consortium may choose to verify any
such prices with the vendor. The item price must be inclusive of any
delivery or administration charges and be available on similar
credit terms. In the event that the Customer's order has already
been processed, then The Consortium will issue a credit against the
Customers account for any agreed difference in price. Claims must
be made on an individual basis per order and are not ongoing.
CHARGES
Orders for both Stock and Non-Stock items for delivery in the
mainland UK are normally inclusive of any standard delivery
charges. Certain Direct Delivery Items may be subject to an
additional delivery charge, as indicated on the relevant page of the
Catalogue or as advised by The Consortium when the order is
placed. A small order charge of £3.90 will apply for all orders
under the value of £30.00 (excl. VAT). A delivery charge of £5.00
per order will apply for deliveries outside mainland UK.
Mainland UK does not include Northern Ireland, The Isle of Wight,
The Scilly Isles, The Scottish Isles, The Isle of Man, The Channel
Islands and the rest of the World.
DELIVERY
Any dates quoted by The Consortium for the delivery of Goods are
approximate only and The Consortium shall not be liable for any
delay in delivery beyond the reasonable control of The Consortium.
Deliveries shall be made by The Consortium or an appointed third
party to a ground floor covered site. Where the Customer requires
delivery to be made other than to a ground floor covered site, the
Customer shall advise The Consortium accordingly at the time of
placing the Order. The Consortium may make additional charges
for delivery other than to the ground floor and the Customer will
be liable for such additional charges. Any special delivery
instructions must be clearly set out by the Customer on the Order.
All deliveries should be checked against the advice note, which
should be signed to confirm receipt of goods. Any discrepancies
should be notified to Enquiries within 7 days of delivery, except
where deliveries were made direct by suppliers when discrepancies
must be notified to The Consortium within the period specified on
the supplier's delivery note and no later than 7 days from the date
of delivery.
The Consortium reserves the right to charge a redelivery cost when
a delivery made on a day arranged with the Customer has been
refused or not been possible. Where the Goods are to be delivered
in installments, each delivery shall constitute a separate contract.
Failure by The Consortium to deliver any one or more of the
installments in accordance with these Conditions or any claim by
the Customer in respect of any one or more of the installments
shall not entitle the Customer to treat the Contract as a whole as
repudiated.
DATA PROTECTION & CONFIDENTIALITY
The Consortium shall store and process Customer data in
accordance with the data protection principles as set out in the
Data Protection Act 1998.
COMMUNICATIONS WITH CUSTOMERS
As part of The Consortium's commitment to quality it is possible that
any incoming telephone calls may be recorded for monitoring
purposes. Any recordings will be used for this purpose and no others.
RETURNS
Customers must contact The Consortium within 7 days of delivery
to obtain authorisation to return any Goods. Goods returned by the
Customer without prior authorisation will not be credited. The
Consortium reserves the right to charge the Customer up to 20%
of the full price to cover any collection and restocking costs it may
incur as a result of a customer ordering error. Customers must
return all products in their original boxes and packaging, including
any manuals, software or accessories supplied with the products.
Computer software and consumables (discs, cartridges, cassettes
etc.) can only be returned if the original packaging is unopened
and any seals intact. Failure to follow these guidelines may
invalidate any claim. The Consortium cannot accept returns on
certain products that are made to order, assembled prior to
delivery or assembled and installed unless they are faulty. Items
affected by this exception are indicated on the relevant page of the
Catalogue. This does not affect your statutory rights.
OWNERSHIP and RETENTION OF TITLE
Risk of damage to or loss of the Goods shall pass to the Customer
on delivery of the Goods to the Customer or in accordance with the
Customer's instructions. The Consortium shall not be liable for
damage to Goods occurring after delivery to the Customer or for
damage occurring during carriage where the Customer or the
Customer's appointed carrier transports the goods.
Notwithstanding delivery and the passing of risk in the Goods, or
any other provision of these Conditions, the property in the Goods
shall not pass to the Customer until The Consortium has received
in cash or cleared funds payment in full of the Price of the Goods
and all other goods agreed to be sold by The Consortium to the
Customer for which payment is then due.
Until such time as the property in the Goods passes to the
Customer, the Customer shall hold the Goods as The Consortium's
fiduciary agent and bailee, and shall keep the Goods separate from
those of the Customer and third parties and properly stored,
protected and insured and identified as The Consortium's property,
but the Customer shall be entitled to resell or use the Goods in the
ordinary course of its business.
Until such time as the property in the Goods passes to the
Customer (and provided the Goods are still in existence and have
not been resold), The Consortium shall be entitled at any time to
require the Customer to deliver up the Goods to The Consortium
and, if the Customer fails to do so forthwith, to enter upon any
premises of the Customer or any third party where the Goods are
stored and repossess the Goods. The Customer shall not be entitled
to pledge or in any way charge by way of security for any
indebtedness any of the Goods which remain the property of The
Consortium, but if the Customer does so all monies owing by the
Customer to The Consortium shall (without prejudice to any other
right or remedy of The Consortium) forthwith become due and
payable.
CONSUMER PROTECTION - RIGHT TO CANCEL
This clause shall apply to customers only.
The Consortium acknowledges that in respect of any contract with
a customer the provisions of the Consumer Protection (Distance
Selling) Regulations 2000 (“the Regulationsâ€Â) shall apply.
Every effort will be made to deliver the Goods or provide the
Services as soon as possible after your order has been accepted
and in any event within 30 days of your order unless otherwise
specified.
A customer will, subject to any exceptions or exclusions set out in
the Regulations, be entitled to cancel this Contract by serving a
written notice of cancellation on The Consortium at any time
during the following periods:-
In the case of Goods, within seven working days after the day on
which the customer receives the Goods.
In the case of Services, within seven working days after the date of
this Contract. In the event of cancellation by the customer, Goods
should be returned to The Consortium. The customer shall be liable
for the costs of returning such Goods or the costs of The
Consortium in recovering such Goods, unless the customer has a
right to reject the Goods under a term of this contract or under any
statutory right (including any right under the Unfair Terms in
Consumer Contract Regulations).
The customer will not be entitled to cancel any Contract for the
supply of Services once the performance of the Services has begun
with his/her agreement. Where a notice of cancellation is properly
given by a customer any related credit agreement (whether with
The Consortium or any third party credit provider) will
automatically be cancelled and in such circumstances the
provisions of the Regulations relating to credit agreements shall
apply.
The customer's right to cancel does not apply to:
Goods made to the customer's specifications or modified or
personalised for the customer; unsealed audio/ video recordings or
computer software.
If The Consortium delivers substitute goods to the customer and
the customer then opts to cancel the contract, the cost of returning
the substitute goods to The Consortium will be met by The
Consortium (provided that the customer has not, prior to despatch
of the goods, agreed to accept the substitute goods, in which case
the cost of returning the substitute goods to The Consortium will
be met by the customer).
The Consortium acknowledges that in respect of any Contract with
a customer the Sale of Goods Act 1979, the Supply of Goods and
Services Act 1982, the Consumer Protection Act 1987 and the Sale
and Supply of Goods Act 1994 shall apply (as appropriate). Any
complaints should be sent in Writing to The Consortium for
Purchasing and Distribution Ltd, Hammond Way, Trowbridge,
Wiltshire, BA14 8RR.
SUB-CONTRACTING
The Consortium reserves the right to sub-contract any of its rights
and obligations under the Contract.
PAYMENT TERMS
All Customer payments shall be made in UK pounds sterling. In the
case of credit card or debit card or purchasing card transactions,
the Customer shall pay the Price of the Goods or Services by such
cards at the time of placing the Order and The Consortium shall be
entitled to recover the Price. No Order will be fulfilled until the full
payment amount has been authorised by the appropriate credit,
debit or purchasing card service provider.
The Consortium reserves the right to request a non-refundable
deposit. The Customer will be advised at the point of order should
this term apply.
If the Customer fails to make any payment on the due date then,
without prejudice to any other right or remedy available to The
Consortium, The Consortium shall be entitled to:
Cancel the Contract or suspend any further deliveries to the
Customer; and/or Appropriate any payment made by the Customer
to such of the Goods or Services (or any Goods or Services supplied
under any other Contract between The Consortium and the
Customer) as The Consortium may think fit; and Charge the
Customer interest on the amount unpaid at the rate of 4% above
the HSBC plc base rate, accruing daily.
The provisions of this clause are subject to the right of a customer
to cancel this Contract (and the automatic cancellation of any
related credit agreement) as set out in the Regulations.
PAYMENT TERMS - CREDIT ACCOUNT HOLDERS
This shall only apply to credit account holders. UK Customers
holding approved Consortium credit account facilities must pay
within 30 days from the date of invoice unless otherwise agreed.
Customers should allow 7 days for normal banking and postal
delays when making payment.
Failure to comply with the Conditions may result in the withdrawal
of credit account facilities and any sums outstanding will then
become payable immediately.
The Consortium reserves the right to charge interest on all overdue
balances on credit accounts at a rate of 4% above HSBC plc base
rate, accruing daily.
In the event that the account is passed to a third party for
collection of outstanding balances, The Consortium will claim
reimbursement of all costs incurred in that collection from the
Customer. Periodic reviews will be carried out on credit account
activity. Dormant credit accounts or credit accounts with
continuous late payment may be closed.
Credit accounts may only be reopened on a new application.
WARRANTIES AND LIABILITIES
The Consortium warrants that the Goods are of satisfactory quality
and that the Services will be provided with reasonable care and
skill. The Consortium shall not be liable for any defect in the
Goods arising from fair wear and tear, willful damage, accident,
negligence by you or any third party, use otherwise than as
recommended by The Consortium, failure to follow The
Consortium's instructions or any alteration or repair carried out
without The Consortium's approval. If the Goods supplied to you
develop a defect or you have any other complaint about the Goods
or the Services, you should notify The Consortium in writing at
Hammond Way, Trowbridge, Wiltshire, BA14 8RR. This does not
affect your statutory rights.
The Consortium shall not be liable pursuant to the contract for any
loss of profit or goodwill or from any type of indirect, incidental,
special, consequential or exemplary loss, damage, costs or
expenses (even if The Consortium has been advised of the
possibility of such damages).
Regardless of any statutory or other limitation periods any claim or
cause of action arising in connection with this Contract, other than
a customer's statutory rights which shall not be so restricted, must
be issued within one (1) year after such claim or cause of action
arose (failing which it will be barred).
Except in respect of fraud or death or personal injury caused by The
Consortium's negligence, or liability for defective products under
the Consumer Protection Act 1987, the entire liability of The
Consortium in connection with the Contract shall not exceed the
price of the Goods and/or Service to be provided hereunder.
FORCE MAJEURE
The Consortium shall not be liable to the Customer or be deemed
to be in breach of the Contract by reason of any delay in
performing, or failure to perform, any of The Consortium's
obligations in relation to the Goods or Services, if the delay or
failure was due to any cause beyond The Consortium's reasonable
control.
WAIVER
No waiver by The Consortium of any breach of the Contract by the
Customer shall be considered as a waiver of any subsequent
breach of the same or any other provision of the Contract.
SEVERABILITY
If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of these Conditions and the
remainder of the provision in question shall not be affected
thereby.
ALTERATIONS TO THE CONDITIONS
The Consortium reserves the right to amend the Conditions at
any time by notice in Writing.
STATUTORY RIGHTS
Nothing in these Conditions is intended to or shall effect the
statutory rights of a customer.
LAW
The Contract shall be governed by the laws of England. Jurisdiction
to the English courts.
COPYRIGHT
Copyright The Consortium for Purchasing and Distribution Limited.
05/06. E & OE. The Consortium® is the registered trademark of
The Consortium for Purchasing and Distribution Limited.
TORK Napkin Promotion
Offer open to pre-selected Consortium customers only. To qualify for the free starter pack, a
purchase of the Interfold Napkin introductory offer at £25.00 must be made. The starter pack is
limited to the first 50 customers to respond. Only one starter pack per customer. Offer can not be
used in conjunction with any other offer. Offer valid until 31/08/08. All other Consortium terms and conditions apply.