Terms and Conditions - Induction Furnaces Limited

Induction Furnaces Ltd

Website terms and conditions of supply.

This page together with Our Privacy Policy and Website Acceptable Use Policy tells you information about Us and the legal terms and conditions (Terms) on which We sell any of the Goods (Goods) listed on Our website (Our site) to you.

These Terms will apply to any contract between Us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from Our site. Please note that by ordering any of Our Goods, you agree to be bound by these Terms and the other documents expressly referred to in it

1. Information about us

1.1 We presume that you are a business customer, If you are not, you must inform Us in writing

1.2 We operate the website www.inductionfurnaces.co.uk We are a company registered in England and Wales under company number 07635735 and with Our registered office at 2 Mill Road, Haverhill , Suffolk , CB9 8BD United Kingdom. Our main trading address is Induction Furnaces Ltd, Unit B&C , 3 Hollands Road, Haverhill , Suffolk, CB9 8PU, United Kingdom. Our VAT number is GB 211 1616 66.

2. DEFINITIONS AND INTERPRETATION

2.1 In these Conditions, the following definitions apply:

2.2 “Business Day” a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.

2.3 “Conditions” these terms and conditions as amended from time to time in accordance with clause 9

2.4 “Contract” the contract between Us and the Customer for the supply of Goods in accordance with these Conditions.

2.5 “Customer” the business only customer is the person or firm who purchases the Goods from Us.

2.6 “Deliverables” the deliverables set out in the Order.

2.7 “Force Majeure Event” has the meaning given to it in clause 25

2.8 “Goods” the goods (or any part of them) set out in the Order.

2.9 “Goods Specification” a specification supplied by a Customer describing their requirements for particular Goods

2.10 “Order” an offer to buy Goods for sale on this website

2.11 “We” “Us” “Our” is Induction Furnaces Ltd

3. “Goods”

3.1 The images of the Goods on Our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.

3.2 The Goods are described on Our website www.inductionfurnaces.co.uk

3.3 To the extent that the Goods are to be manufactured in accordance with a specification supplied by the Customer (“Specification”), the Customer shall indemnify Us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Us in connection with any claim made against Us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Our use of the Specification. This clause 3.3 shall survive termination of the Contract.

3.4 We reserve the right to amend the Specification if required by any applicable statutory or regulatory requirements.

4. Use of our site

Your use of Our site is governed by Our Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

5. How we use your personal information

We only use your personal information in accordance Our Privacy Policy. For details, please see Our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

6. business customer

6.1 You confirm that you have authority to bind any business on whose behalf you use Our site to purchase Goods.

6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or any document expressly referred to in them.

7. How the contract is formed between you and us

7.1 For the steps you need to take to place an Order on Our site, please see Our web site www.inductionfurnaces.co.uk

7.2 Our order process allows you to check and amend any errors before submitting your Order to Us. Please take the time to read and check your Order at each page of the order process.

7.3 After you place an Order, you will receive an e-mail from Us acknowledging that We have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 7.4.

7.4 We will confirm Our acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between Us will only be formed when We send you the Dispatch Confirmation.

7.5 If We are unable to supply you with the Goods, for example because the Goods are not in stock or no longer available or because of an error in the price on Our site as referred to in clause 11.5, We will inform you of this by e-mail and We will not process your Order. If you have already paid for the Goods, We will refund you the full amount as soon as possible.

8. Our right to vary these terms

8.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how We accept payment from you;

(b) changes in relevant laws and regulatory requirements; and

8.2 Every time you order Goods from Us, the Terms in force at that time will apply to the Contract between you and Us.

8.3 Whenever We revise these Terms in accordance with this clause 8, We will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

9. Delivery

9.1 Delivery will be completed when We deliver the Goods to the address you gave Us.

(a) In the event of an inability to deliver the Goods due to the Customers fault, We retain the right to charge for but not limited to extra delivery costs and storage fees and offset against any monies which are due from Us to you whether in relation to returns or generally

9.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

9.3 If We fail to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods

9.4 The Goods will be your responsibility from the completion of delivery.

9.5 You own the Goods once We have received payment in full, including all applicable delivery charges.

9.6 We shall ensure that:

(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Our reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and

9.7 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

10. International delivery

10.1 We deliver to the countries listed on this page (International Delivery Destinations). However there are restrictions on some Goods for certain International Delivery Destinations, so please review the information on that page carefully before ordering Goods.

10.2 If you order Goods from Our site for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.

10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.

10.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

11. Price of Goods and delivery charges

11.1 The price of the Goods will be as quoted on Our site from time to time. We take all reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if We discover an error in the price of Goods you ordered, please see clause 11.5 for what happens in this event.

11.2 Prices for Goods may change from time to time, but changes will not affect any Order which We have confirmed with a Dispatch Confirmation.

11.3 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

11.4 The price of Goods does not include delivery charges. Our delivery charges are as quoted on Our site from time to time. To check relevant delivery charges, please refer to Our Delivery Charges page on our web site www.inductionfurnaces.co.uk

11.5 Our site contains a large number of Goods. It is always possible that, despite Our reasonable efforts, some of the Goods on Our site may be incorrectly priced. If We discover an error in the price of the Goods you have ordered We will inform you to inform you of this error and We will give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not process your Order until We have your instructions. If We are unable to contact you using the contact details you provided during the Order process, We will treat the Order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.

12. REFUND

12.1 We will refund the cost of the Goods and the delivery cost if assessed to be a faulty Good. The Goods can only be assessed once the Goods have been returned to Us for an assessment which allows Us to assess and determine whether or not the Goods are faulty. The costs of returning the Goods to Us for the assessment must be met by the Customer.

13. Title and risk

13.1 The risk in the Goods shall pass to the Customer on completion of delivery.

13.2 Title to the Goods shall not pass to the Customer until We have received payment in full for:

(a) the Goods

13.3 Until title to the Goods has passed to the Customer, the Customer shall:

(a) hold the Goods on a fiduciary basis as Our bailee;

(b) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as Our property;

(d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

(e) notify Us immediately if it becomes subject to any of the events listed in clause 19.2 and

(f) give Us such information relating to the Goods as We may require from time to time,

but the Customer may resell or use the Goods in the ordinary course of its business.

13.4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 19.2, or We reasonably believe that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another good, and without limiting any other right or remedy We may have, We may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

14. CUSTOMER’S OBLIGATIONS

14.1 The Customer shall:

(a) ensure that the terms of the Order and (if submitted by the Customer) the Goods Specification are complete and accurate;

(b) co-operate with Us in all matters relating to the Goods;

(c) provide Us, Our employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by Us to provide the Goods;

(d) provide Us with such information and materials as We may reasonably require to supply the Goods, and ensure that such information is accurate in all material respects;

(e) prepare the Customer’s premises for the sale of Goods;

(f) Obtain and maintain all necessary licences, permissions and consents which may be required for the Goods; and keep and maintain all materials, equipment, documents and other property of Ours (“Our Materials”) at the Customer’s premises in safe custody at its own risk, maintain Our Materials in good condition until returned to Us, and not dispose of or use Our Materials other than in accordance with Our written instructions or authorisation.

14.2 If Our performance of any obligations in respect of the Goods is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):

(a) We shall without limiting its other rights or remedies have the right to suspend performance of the Goods until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Our performance of any of its obligations;

(b) We shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Our failure or delay to perform any of Our obligations as set out in this clause 14.2; and

(c) the Customer shall reimburse Us on written demand for any costs or losses sustained or incurred by Us arising directly or indirectly from the Customer Default.

14.3 In the unlikely event that the Goods do not confirm with these terms, please let Us know as soon as possible and We will:

(a) Provide you with a full or partial refund (depending on what is reasonable and subject to the following clauses:

(i) If you have returned the Goods to Us under this clause 13 because they are faulty or mis-described, We will refund the price of defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to Us.

(ii) We refund you through the method in which payment was made. (Paypal)

(b) If the Goods were delivered to you:

(i) you must return the Goods to Us as soon as reasonably practicable.

(ii) unless the Goods are faulty or not as described you will be responsible for the cost of returning the Goods to Us

(iii) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.

14.4 Some of the Goods supplied to the Customer may contain hazardous materials. It is the Customer’s responsibility to ensure and maintain the sake keeping and disposal of such materials

15. How to pay

15.1 You can only pay for Goods though Paypal.

15.2 Payment for the Goods and all applicable delivery charges is in advance.

16. Manufacturer guarantees

16.1 Some of the Goods We sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.

17. Our warranty for the Goods

17.1 For Goods which do not have a manufacturer’s guarantee, We provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 17.2.

17.2 The warranty in clause 17.1 does not apply to any defect in the Goods arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers; or

(e) any specification provided by you.

(f) failure of product as a result of malfunctioning material to which it is fitted

(g) on installation and during lifetime of Goods failure of the product due to dirt ingress, metal splash, water ingress or starvation and exposure to excessive temperatures

18. Our liability

18.1 We only supply the Goods for internal use by your business

18.2 Nothing in these Terms limit or exclude Our liability for:

(a) death or personal injury caused by Our negligence;

(b) fraud or fraudulent misrepresentation;

(d) defective Goods under the Consumer Protection Act 1987.

18.3 Subject to clause 18.2, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) loss caused as a result of the Customers mistake

(g) any indirect or consequential loss.

18.4 Subject to clause 18.2 and clause 18.3 , Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the equipment

18.5 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Goods are suitable for your purposes.

19. Customer’s insolvency or incapacity

19.1 If the Customer becomes subject to any of the events listed in clause 19.2, or We reasonably believe that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to Us, We may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and Us without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.

19.2 For the purposes of clause 19.1, the relevant events are:

(a) the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;

(b) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;

(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;

(d) (being an individual) the Customer is the subject of a bankruptcy petition or order;

(e) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

(f) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;

(g) (being a company) a floating charge holder over the Customer’s assets has become entitled to appoint or has appointed an administrative receiver;

(h) a person becomes entitled to appoint a receiver over the Customer’s assets or a receiver is appointed over the Customer’s assets;

(i) any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 19.2(a)to clause 19.2(h) (inclusive);

(j) the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;

(k) the Customer’s financial position deteriorates to such an extent that in Our opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and

(l) (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

19.3 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

20. TERMINATION

20.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 10 days after receipt of notice in writing of the breach;

(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

(c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;

(e) the other party (being an individual) is the subject of a bankruptcy petition or order;

(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

(h) a floating charge holder over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

(j) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 20.1(b) to clause 20.1(i) (inclusive);

(k) the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business; or

(l) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

20.2 Without limiting its other rights or remedies, We may terminate the Contract:

(a) by giving the Customer not less than written notice of 1 business day;

(b) with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.

20.3 The Customer may terminate the Contract by giving Us not less than 1 month written notice.

20.4 Without limiting its other rights or remedies, We shall have the right to suspend the supply of Goods or all further deliveries of Goods under the Contract or any other contract between the Customer and Us if:

(a) the Customer fails to make pay any amount due under this Contract on the due date for payment; or

(b) the Customer becomes subject to any of the events listed in clause 20.1(b) to clause 20.1(l), or We reasonably believe that the Customer is about to become subject to any of them.

21. CONSEQUENCES OF TERMINATION

21.1 On termination of the Contract for any reason:

(a) the Customer shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has yet been submitted, We shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b) the Customer shall return all of Our Materials and any Deliverables which have not been fully paid for. If the Customer fails to do so, then We may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;

(c) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

(d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.

22. Force Majeure Event We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Force Majeure Event is defined below in clause 22.1.

22.1 A Force Majeure Event means any act or event beyond Our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

22.2 If a Force Majeure Event takes place that affects the performance of Our obligations under a Contract:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Force Majeure Event is over.

23. Communications between us

23.1 When We refer, in these Terms, to “in writing”, this will include e-mail.

23.2 If We have to contact you or give you notice in writing, We will do so by e-mail to the address you provide to Us in your Order.

23.3 Any notice given by you to Us, or by Us to you, will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

24. Other important terms

24.1 Unless otherwise stated Goods are generic equivalents to original manufactured items and are equal to the original manufactured items specification

24.2 We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights or Our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

24.3 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

24.4 This contract is between you and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

24.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

24.6 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

24.7 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.