OM Electrics Terms and Conditions
CONDITIONS OF SUPPLY
The supply of goods by OM Electrics(“the seller”) (registered office: 59a Commercial Street, Rothwell, Leeds, LS26 0QD) - Registration Number (08700760) shall be subject to and conditional upon acceptance of the following terms and conditions, which shall apply notwithstanding any purported waiver, expressed or implied, by or on behalf of the seller. Where there is any conflict between these conditions and any proposed by the buyer of the goods (“the buyer”) these terms and conditions shall apply. The seller must specifically agree any condition, which the buyer wishes to apply on any supply of goods, in writing.
1. PASSING OF PROPERTY
The risk in the goods supplied shall pass to the buyer on delivery into the buyer’s possession or to the carrier or place of delivery nominated by the buyer and the seller shall be under no liability whatsoever for any loss or damage occurring thereafter.
2. DAMAGE OR LOSS OF GOODS IN TRANSIT
Responsibility for damage to or loss of goods in transit prior to the passing of the risk in the goods will only be accepted by the seller if the buyer notifies the seller within two working days of delivery in the case of damage or within two working days from the date of receipt of invoice in the case of loss or non-delivery. Claims for shortages or damage will not be accepted after a clear receipt has been given to the seller or the seller’s agent. If goods cannot be examined on delivery, delivery sheets or documents presented to the buyer should be signed “Unexamined” and any damage or shortage discovered after examination of the goods notified in writing to the seller within two working days after delivery.
3. TITLE
Notwithstanding condition 1, the title of goods supplied and the equitable ownership shall remain with the seller until the seller has received full payment for all monies due in respect of the goods supplied.
4. PRICES
All prices quoted by the seller are subject to alteration without notice unless otherwise expressly agreed in writing by the seller or stated expressly in the form of tender issued by the buyer.
5. VALUE ADDED TAX
All prices quoted by the seller are exclusive of VAT which shall be charged on invoices at the rate in force. The tax status of the buyer shall be a matter between the buyer and the appropriate tax authority.
6. SPECIFICATION
Where products are manufactured or adapted to the buyer’s own specification the seller accepts no responsibility as regards the fitness for purpose of the products so supplied, and those goods are not returnable for credit without the specific prior written agreement of the seller.
7. ALTERNATIVE PRODUCTS
The seller reserves the right, should circumstance dictate, to supply a product of a specification that differs from that detailed in the catalogue. In such cases every effort would be made to supply a product of at least the same quality.
8. DELIVERY
The seller accepts no liability for any loss, damages or expenses arising from the late delivery of goods by the seller, its agents or its agents’ carriers due to any cause whatsoever. The seller will however, seek to achieve delivery dates specified as far as it is within its power to do so. Should you have a particular delivery requirement please enquire before placing your order. An additional charge may be levied for deliveries within a specified timeframe, e.g. 9am - 1pm.
9. PAYMENT
Unless otherwise specifically agreed in writing between the seller and the buyer, where the goods are supplied on credit, is due thirty days from the date of the seller’s invoice. Failure on the part of the buyer to pay the seller’s invoices in the time stated may result in the seller taking appropriate action to recover the debt, or suspension of the buyer’s authority to purchase goods or services from the seller, or a claim from the seller being pursued to recover such interest on the outstanding debt as may be appropriate, or any or all of the aforementioned courses of action as the seller feels appropriate.
10. PRIVACY POLICY.
We shall treat any information you provide to us in using this Website (Personal Information) as confidential.
10.1 When you shop on the Website we will ask you to input Personal Information (such as name, e-mail address, address, telephone number, product selections, payment information and a password). We will keep a copy of any email correspondence between us, to monitor our sales and customer service. We may also collect information about the pages of our Website you viewed during your visit. If you telephone us, we may record telephone conversations for quality control purposes.
10.2 We use your Personal Information only for processing your orders; for statistical purposes in improving and administering this Website: and if you consent to notify you of our products or special offers that may be of interest to you. We will not transfer your Personal Information to any third parties except for order fulfilment purposes or when legally obliged to do so.
10.3 We use cookies to keep track of your shopping and to allow you to retrieve your shopping cart at any time. More information about cookies can be found at www.aboutcookies.org. You may set up your computer to reject cookies, but you will not be able to shop on our Website.
10.4 We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
10.5 You have the right to revoke any given consents at any time. To revoke the consent to use your personal information please email us at: support@omelectrics.co.uk
10.6 You hold the right to inquire about any personal information and data held about you and hold the right to request correction of any data held by OM Electrics. Data is collected using a web analysis tool using cookies that are (able to be) used to generate pseudonyms for user profiles.
11. GENERAL
In general any dealings, which the seller may enter into, including any contracts for the supply of goods that may subsequently be entered into, with other parties including buyers, shall be contracted by the conditions 1 to 10 above mentioned. In addition the seller will ensure that no condition, which the buyer may seek to impose on any subsequent contract between buyer and seller conflicts with any of the previous conditions under which, the seller operates. Should such conflicts be discovered subsequent to the commencement of a contract then the seller reserves the right to terminate without further notice any such agreement, in which case the seller will have no liability in respect of any losses or damage or expenses arising there from.
Intellectual Property
To the fullest extent permitted by law, OM Electrics is providing this website and its contents on an 'as is' basis and makes no (and expressly disclaims all) representations or warranties or any kind with respect to this web site or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, OM Electrics does not represent or warrant that the information accessible via this web site is accurate, complete or current.
In an effort to provide our customers with the most current information, price and availability information is subject to change without notice.
Save in respect of your statutory rights under the Sale of Goods Act 1977 (as amended) and the Unfair Contracts terms Act 1977 and save in respect our guarantee, we shall not be liable to you by reason of any implied warranty, condition or other term, or any duty at common law, or under these terms of our contract with you, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence) which arise out of or in connection with the supply of the goods or their use by you.
