ALFORD COAL SUPPLIES LIMITED
Terms and Conditions
Alford Coal Supplies Limited supplies goods on the following terms and conditions:
1.1 The meaning of some words used in these terms and conditions
‘we’, ‘us’ or ‘our’ is a reference to Alford Coal Supplies Limited;
‘you’ or ‘your’ is a reference to the person to whom we are supplying Goods and who is required to pay for the Goods we supply;and
‘Goods’ means the goods we shall buy for you and which you will pay for.
1.2 Our contact details are Alford Coal Supplies Limited registered office at The Fireside Shop, Church Street, Alford, Lincolnshire LN13 9EG (Company Registration No. 1317433).
2. Making an order
2.1 When you place an order you are making an offer to buy Goods you have specified at the price stated for those Goods from us. At this stage there is not a binding contract between you and us.
2.2 We will acknowledge your order to confirm that we have received your order whether by email or by telephone. The confirmation will provide details of what you have ordered, the price that will be charged as well as other information about the progress of your order and estimated dispatch and delivery information. At this stage there will not be a binding order between you and us.
2.3 We will contact you by email or by telephone to let you know that your order for the Goods has been dispatched. This communication will be our acceptance of your order (‘Order Acceptance’). At the time the Order Acceptance is sent by us (which may be different to the time you receive it) there will be a binding contract between you and us.
2.4 The Order Acceptance will only cover the Goods mentioned in it and may not cover all the Goods you ordered. If this is the case then the offer you made for those Goods will only be accepted when we send a further Order Acceptance.
3. Price of goods
3.1 We try our best to display accurate and up to date prices. However, because prices of the type of Goods we sell are often changed by our suppliers we cannot state the definite price until we send you the Order Acceptance.
3.2 If the price of the Goods is different at the time we are ready to send the Order Acceptance to what it was at the time you placed your order then two things can happen:
3.2.1 if the price is lower at the time we send the Order Acceptance then we will charge you the lower price and dispatch the goods; or
3.2.2 if the price is higher at the time we send the Order Acceptance then we will either cancel your order or contact you to ask you either whether you wish to pay the
higher price or to cancel your order. If the order is cancelled by us or you do cancel the order then if you have already made any payment(s), we will make a refund.
3.3 All prices shown are inclusive of VAT
at the prevailing rate.
3.4 When you place an order you authorise us to debit the credit, debit or other card you specify on your order for the amount of the order at the time we send the Order Acceptance.
3.5 We do not accept cheques.
4. Availability and dispatch of Goods
Any times and dates given for dispatch of Goods (or the length of time that Goods will take to be delivered) are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. If the delay will be substantial or if the Goods will not be available at all for dispatch we will offer you the option either to cancel your order.
In this clause 5 reference to ‘we’ ‘us’ and ‘our’ includes any third party carrier employed by or contracted on our behalf to deliver the Goods.
5.1 We only make deliveries in the mainland of the United Kingdom.
5.2 We may deliver the Goods in more than one instalment.
5.3 We can only guarantee delivery to the kerb or roadside. In the event you specify delivery elsewhere and this is not possible, delivery will instead be made to the kerb or road side. We will not accept liability for any damage caused during the delivery of the Goods where you have instructed us to deliver them anywhere other than the kerb or road side.
5.4 In some parts of the UK it is necessary to obtain a permit to have goods delivered to the kerb or road side and, by placing an Order with us, you are confirming that you have all necessary consents in place. Further, you also agree to indemnify us from against any and all liability in this regard.
5.5 Delivery vehicles use tail lift offloading and it is your responsibility to ensure:
5.5.1 that the vehicle has access to the area where delivery is to be made;
5.5.2 that the vehicle has sufficient space to be able to park and unload; and
5.5.3 that you or somebody appointed on your behalf will be available at the delivery point to accept delivery of the Goods on the delivery date.
5.6 In the event that the requirements of clause 5.5 are not met, the Goods will be returned to our nearest depot where you will be required to make your own arrangements for the Goods to be collected or delivered at your own expense.
5.7 In the event that you fail to make the arrangements for collection required under clause 5.6 within 14 days of the delivery date, you agree that we may act as your agent for the purpose of selling the Goods and that we may deduct from the sale proceeds our costs of sale. Further, unless you claim any balance of proceeds of sale within 28 days of the
delivery date, you agree that we may retain the proceeds of sale absolutely.
6. Limitation of liability
6.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you use reasonable efforts to notify us in writing at our contact address of the problem within 10 working days of the delivery of the Goods in question.
6.2 If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you use reasonable efforts to notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Goods.
6.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any Goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under Clause 6.3.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6.6 In cases of damage caused by a third party carrier, you will be given the contact and insurance details for the third party in order to make any insurance or damages claims direct with the carrier.
7. Cancellation rights
7.1 You can cancel this contract within fourteen days of your receiving the Goods. The fourteen day period starts on the day after you receive the Goods.
7.2 If you wish to return the items, you must send them to us. You must pay the cost of returning the items to us. Alternatively, we can collect the items from you, but you will have to pay the cost of us collecting the goods.
7.3 To cancel the contract you will need to send a letter to us. You can send the letter by post, email or by personal delivery. Contact details for where to send the letter are set out in paragraph 1.2 above. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.
If you wish to return any or all of the Goods you have purchased, please contact us so that we can advise you of our requirements.
- The customer has the right to cancel any product or services. Any cancellation must be made within 14 days from the date of the order being placed.
- Goods should be returned in original packaging and condition.
- Customers are required to return the goods, at their own expense, to Direct Coal, Alford Coal Supplies Ltd, Red Lion Yard, Church Street, Alford, Lincolnshire LN13 9EG without undue delay and in any event not later than 14 days after the cancellation.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
Sept. 2015 (First Edition)