Terms and Conditions
A.B.GEE of RIPLEY LTD.“The Vendor”
TERMS AND CONDITIONS
After an initial minimum order value of £250 + VAT, orders of any value will be accepted by the vendor. However, a carriage charge will by payable on all deliveries under £250 excluding VAT. Every item on the order shall exist as a separate contract between the Customer and the Vendor. All available goods will be invoiced and shipped with non-available items being put on backorder for future delivery.
Regions outside A.B. Gee’s normal delivery areas, including all offshore, Scottish Highlands & Islands, Northern Ireland, Dublin, Southern Ireland, Isle of Wight, Isle of Man, & Channel Islands, will incur an additional delivery charge. The list of specific charges for these regions can be obtained from A.B. Gee on request by the customer.
(a) Costs on qualifying carriage paid orders, are paid by the vendor and are based on business addresses and locations as designated by the Royal Mail Post Office Address File (P.A.F.). Should re-delivery of any assignment be necessary, for any reason whatsoever, and a charge is made to the vendor by their carrier service/s, the vendor will reserve the right to charge this amount back to the customer. With deliveries into a private residential address, any additional charges made by our carrier service/s, for any reason whatsoever, will be recharged to the customer.
(b) Cash and Carry Purchases
The minimum spend whilst visiting the warehouse will be £100 + VAT, for orders less than this amount, an administration charge of £10 + VAT will be added to all invoices.
(c) The Vendor reserves the right to refuse access to the website, to terminate accounts, decline to set up new accounts or cancel orders at its discretion. If we cancel an order, it will be without charge to the customer.
2. QUOTATIONS AND TENDER
All quotations and tenders are “ex-works” unless otherwise stated and are subject to a firm order being place within 28 days unless otherwise stated. The acceptance of the order by the Vendor will constitute a contract subject to these conditions. Any variation of the contract must be in writing and signed by the Vendor and the customer. Unless firm prices are quoted, the contract price is based upon the cost of materials, labour, transport, fuel and other relevant factors applying at the time of delivery and the right to vary prices quoted to take account of these factors is reserved. An order must be accompanied by sufficient information to enable the Vendor to proceed with the order forthwith, however if the Vendor incurs any cost due to incorrect information supplied by the Customer, the Vendor reserves the right to pass this cost on.
When supplying goods in respect of a particular purpose, every endeavour is made to meet the requirements of Customers from the information supplied by them. No responsibility is accepted as to the suitability of any goods for a particular purpose once an order is accepted except under the terms of the Vendor’s guarantee.
4. DELIVERY AND COMPLETION DATES
(a) In the event of either: -
(1) The Vendor being delayed in or prevented from making delivery or completing the contract owing to Act of God, force majeure, war, civil disturbance, requisitioning, government, parliament or local authority enactments or restrictions, interdict of any kind, import or export regulations, strike, lock-out, trade dispute, difficulty in obtaining workmen and materials, breakdown of machinery, fire, accident or any other cause whatsoever beyond the Vendors control or
(2) Non-delivery by the Vendor’s suppliers or damage to or destruction of the whole or part of the goods.
The Vendor shall be at liberty to cancel or suspend the contract without
incurring any liability for any loss or damage resulting there from.
(b) Whilst delivery and completion dates are given in good faith based upon information available to the Vendor at the time of quotation, such dates are not guaranteed and the Vendor accepts no liability for delay in delivery or completion howsoever caused and no delay shall entitle the Customer to reject any delivery or any further instalment or any part of the order or to repudiate the contract or the order or any part thereof or to claim any damages or compensation in respect of any delay.
(c) Where any goods are shipped outside the UK the Vendor will make a carriage charge, unless the Customer makes their own delivery arrangements at their own cost. VAT will be charged and reclaimed only when the necessary shipping documentation is supplied to the Vendor.
5. DELIVERY: LOSS OR DAMAGE IN TRANSIT
(a) All shortages and damages must be reported to Customer Services within seven days of delivery. Notification after this time will not be accepted.
(b) Delivery shall take place in accordance with the quotation order or tender. The risk in the goods shall pass to the Customer on delivery or receipt of the goods. The Vendor accepts no responsibility for any loss or damage to the goods, howsoever arising, after delivery or receipt has taken place.
(c) Claims in respect of short delivery or non-delivery through loss or damage in transit, where carriage of goods is not undertaken by the Vendor or the Vendors agent, cannot be accepted. In the case of claims for damage in transit or short delivery, notice must be given within seven days of receipt of goods or part thereof. In the case of non-delivery or loss of goods in transit, where an anticipated delivery date has been given, notice must be given within fourteen days of invoice date.
(d) Where the carriage of goods is undertaken by the Vendor – The Vendor reserves the right to recover all costs associated with such carriage from the customer where goods are not accepted by the customer, for any reason whatsoever, the cancellation of the order has not been given in writing, prior to the despatch of such goods, and accepted as cancellation of the contract by the vendor. Also, see section 1(a) above.
(e) In the event of a failure by the Customer to give notice in writing as is required by paragraph 7(b) hereof or a refusal by the Vendor to accept notice of cancellation as required by paragraph 7(c) hereof as effective cancellation of a contract for sale of goods, the goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly.
Returning of items must first be authorised by us, items returned without authorisation will not be credited and will either be returned or destroyed by our will. Once authorised, you will be given a returns reference, this reference must be visible on the outside of, plus included on documentation within, each shipping carton to be returned. We will either ask you to return the items (postage costs reimbursed), arrange for them to be collected or give authorisation to destroy and dispose of the items. All returns received are inspected for damage, credits will be given according to the condition of the items received and the reason for return, we will only credit items that have been sold by us. For all returns queries refer to - http://www.abgee.co.uk/delivery/
If the Vendor does not receive forwarding instructions within fourteen days after notification to the Customer that the goods are ready for delivery, the Customer shall arrange for storage at its own expense and risk, failing which the Vendor shall be at liberty to store or arrange storage of the goods at the Customers risk and expense. The goods shall be paid for by the Customer by reference to the time when the goods were ready for delivery or due to be delivered, whichever is later. Any charges for storage or demurrage after delivery will be paid for by the Customer.
8. TITLE OF GOODS
(a) Legal or beneficial ownership in the goods will not pass to the Customer until payment has been made in full.
(b) The Vendor reserves the right to cancel a contract of sale of goods or to suspend the Customers powers of sale of the goods at any time before payment in full has been received by the Company.
(c) Notwithstanding that the agreed price has not been paid and that the Customer holds the goods as bailee, the Customer is entitled to use or to resell or dispose of the goods to third parties in the normal course of its business on condition that any goods received in exchange for the Vendors goods or any proceeds of sale thereof are held by the Customer as trustee for the Vendor and any such monies are to be held in a separate bank account pending payment of the entire purchase price to the Vendor. The Customer hereby assigns to the Vendor all rights and claims the Customer has against and such third parties.
Prices quoted are nett unless otherwise stated. Subject to an approved credit account, payment is due 30 days from the date of invoice unless otherwise agreed. In respect of Pro-forma accounts, payments must be received by the Vendor before delivery. When deliveries are spread over a period, each consignment will be invoiced as despatched and each invoice will be payable accordingly. Notwithstanding that any payment received is expressed to be made in respect of a particular order or orders, the Vendor reserves the right to allocate any payment received from a Customer to or towards settlement of the oldest invoice or invoices outstanding and due to the Vendor by the Customer. The Vendor reserves the right to charge interest on all overdue accounts at 5% above the Bank Base rate applying at the time. Failure to pay for any goods or for any delivery or instalment shall entitle the Vendor to suspend further deliveries on the same order and on any other order from the Customer, without prejudice, to any other right the Vendor may have. In addition, an administration charge of £30 will be levied each time a cheque is not honoured by the Bank. This will be in addition to the fee charged by the Bank for representing the cheque. The Vendor reserves the right, where a Customer fails to adhere strictly to the agreed credit terms or where genuine doubts arise as to the Customers financial position, to suspend, withdraw or amend the credit facilities at any time. The Vendor also reserves the right to suspend delivery of any order or any part instalment without liability until payment or satisfactory security for payment has been provided. Where goods are to be delivered outside the UK, payment must be made on a pro-forma basis unless otherwise agreed by the Vendor.
The goods supplied by the Vendor carry the following guarantee: -
The Vendor guarantees all goods against faulty materials and/or workmanship from the date of delivery in the terms of the manufacturers guarantee either as displayed on the goods or in accordance with the terms available from the Vendor at the request of the Customer.
The Vendor will in no circumstances accept responsibility for any defects whatsoever arising from the misuse of any goods or rising out of circumstances outside the control of the Vendor and without prejudice to the generality of the foregoing.
The above guarantee shall not apply: -
(a) To defects in any goods which have been altered or tampered with by third parties without the prior consent of the Vendor or
(b) Where any parts or devices not sold or approved by the Vendor have been affixed or appointed to the goods.
All transportation charges relating to the return of goods pursuant to the terms of this guarantee will be borne by the Customer unless otherwise agreed in writing.
11. RESTRICTIONS ON COMPANY’S LIABILITY
(a) Subject as aforesaid, all express or implied warranties, conditions, representations, undertakings or liabilities, whether imposed by statue, common law, custom or otherwise, are hereby expressly excluded to the extent permitted by what is in the particular circumstances of the case and those terms and conditions reasonable; in particular, without impairing the generality of the foregoing, no statement or description contained in any catalogue, website or advertisement issued by the Vendor or in any communication from the Vendor whether verbal or in writing by any of the Vendor’s servants or agents, shall give or imply or be construed as giving or implying any such warranty, condition, representation, undertaking or liability as aforesaid nor shall such statement or description enlarge, vary or override or be construed to enlarge, vary or over-ride in any way any of the conditions herein contained.
(b) The Vendor accepts no responsibility for any loss, direct, consequential, contingent or resulting nor other liability, whether of the Customer or of any other person, howsoever within the bounds of reasonableness. The Vendor’s responsibility is strictly limited to rectification or replacement under the terms of the manufacturers guarantee. Such rectification or replacement will be made as quickly as possible by the Vendor who requires a reasonable time to affect this. A claim in respect of any defect or failure to comply with the order or in respect of any delivery or instalment of an order or any part thereof shall not entitle the Customer to cancel or refuse delivery of or payment for any other order, delivery or instalment or any part of the same order, delivery or instalment.
(c) Forward orders with the Vendor, which are subject to availability for new items will be accepted to be supplied as available.
12. LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate as an English contract and shall be governed by English Law. The Courts of England and Wales have the exclusive jurisdiction.
All information relating to products on this website is subject to change and is provided by the Vendor for illustration and guidance purposes only. This includes product images, age suitability, colour, size. assortments and other product details.
(a) All products sold in assortments are subject to wave changes and refreshes, therefore exact assortments cannot be guaranteed. Specific or individual products may not be selected from assortments for purchase.
(b) All products are subject to product and/or packaging refreshes. Although the Vender endeavours to keep this information up to date, the Vendor accepts no responsibility for product variations.
14. HORNBY PRICING
Where a Value Add Product is launched for sale to Consumers in the European Union for the first time, the Retailer will for a period of six (6) weeks from such launch not advertise, offer for sale or sell that Value Add Product at a discount greater than 10% of the Recommended Retail Price. Retailers will be given prior notification of the first delivery date for a Value Add Product which is due to be launched. Until the launch period of six (6) weeks has expired, the Company reserves the right to withhold supplies from any dealer who does not comply with this policy, including the cancellation of any orders already placed.