These Terms and Conditions apply to Sidato Ltd (company number 07957460) whose principal place of business is at 195 – 199 Ansdell Road, Blackpool, Lancashire, FY1 6PE;
“Goods” means the goods which we supply in accordance with these Conditions;
“Stock Item” shall mean those goods which are part of our normal and/or standard range; “Special Items” shall mean those products which are not Stock Items.
We reserve the right to amend these conditions from time to time.
Each separate order will be viewed as a new ‘contract’, and you will be subject to the terms in force at the time of placing the order.
Basis of Sale
These Conditions shall apply to all sales by us, and any variation to these conditions shall have no effect unless expressly agreed in writing between us and your selves.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information, issued by us shall be subject to correction without any liability on our behalf.
For the avoidance of doubt, this contract does not transfer any intellectual Property Rights owned by us to you.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock or are not standard stock items, we will contact you to arrange a suitable delivery time.
Orders and Specifications
You shall be responsible for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by you, giving us any necessary information relating to the goods within a sufficient time to enable us to deliver the order in accordance with its terms.
The quantity and description of, and any specifications for the goods shall be those set out in our quotation or confirmation of your order.
All technical data, measurements and outputs are in accordance with the manufacturer’s terms of reference at the time of going to press.
Each manufacturer reserves their rights to change, alter or discontinue products (including brackets and fixtures) as illustrated within our catalogue. You are advised to confirm at the time of ordering that the published technical data in our brochure and the enclosed price list is still valid.
Please note that white radiators ordered from different colour codes may vary slightly due to manufacturing tolerances. It should also be noted that some colours may also vary slightly from colour chips or RAL charts provided.
Cancellation or Variation of Orders
Whether the goods are Stock Items or Special Items shall be solely determined by us.
No cancellation or alteration to orders for Stock Items will be accepted after the date of the order being placed and accepted without written agreement. Thereafter any such cancellation or change will be accepted at our discretion. Where cancellation or alteration of orders is accepted by us, you may be required to pay a restocking charge, to cover administrative costs and collection costs (if applicable); such charges to be determined by us.
You have no right to cancel or change any order for Special or non stock items, after the date of the order being accepted. In the event of such cancellations being accepted, there may be a re-stocking charge of up to 50% to cover our expenses.
We reserve the right to suspend or cancel an order, by written notice if: you fail to pay us any money when due (under the order or otherwise);
you become insolvent; you fail to honour your obligations under these terms.
The price of the goods shall be our quoted price or, where no price has been quoted, the price listed in our published price list current at the date of acceptance of the order, minus the requisite discount terms.
The price is exclusive of any applicable Value Added Tax which shall be payable in addition by you at the rate prevailing at the time of payment.
We reserve the right, by giving notice to you at any time before delivery, to increase the price of the goods to reflect any increase in the cost to you. While we try to ensure that all prices quoted are accurate, errors may occur. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email / phone and give you the option of purchasing the goods at the correct price stated or cancelling the order.
Terms of Payment
Except where expressly agreed in writing you will be required to pay 100% of the price of the goods minus the agreed discount. In default of payment by you, we shall be at liberty to suspend further deliveries until payment is made.
We reserve the right to withdraw or reduce any credit facilities which may have previously been available to you. No payment shall be deemed to have been received until we have received cleared funds.
If you have an approved credit account, payment is due no later than 30 days following the end of the month in which the goods are delivered, unless otherwise agreed in writing.
You can request a pro-forma invoice to make payment. Please call our sales department for further details.
We reserve the right to place an account on hold due to non payments, or to move account holders onto pro-forma terms.
Whilst every effort is made to deliver goods on the dates or within the periods mentioned on the order, such dates or periods shall be deemed to be an estimate only and we accept no liability whatsoever for any loss or damage of any nature which may be suffered by your selves as a result of any failure on our behalf to deliver goods on or within the times, dates or periods mentioned in the order.
The goods may be delivered by us in advance of the quoted delivery date upon giving reasonable notice to you.
Where goods are to be delivered in instalments, each delivery may constitute a separate order and failure by us to deliver any one or more of the instalments in accordance with these Conditions, or any claim by you in respect of any one or more of the instalments, shall not entitle you to treat the order as a whole as cancelled.
Each instalment may be treated as a separate order and we may charge delivery accordingly.
We shall not be liable for any non-delivery of goods (even if caused by our negligence) unless you give written notice to us of the non-delivery within 3 days of the date when the goods would in the ordinary course of events have been received. Any liability by us for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note against any invoice raised for such goods.
If for any reason you fail to accept delivery of any of the goods, or we are unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations:
The risk in the goods shall pass to you (including for loss or damage); The goods shall be deemed to have been delivered; and
We may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Delivery will take place to the delivery address as specified by you at the time of order, unless otherwise expressly agreed in writing.
Our delivery agent or designated delivery company shall not deliver beyond the nearest accessible external hard standing area.
If the delivery agent enters the recipient’s property to deliver whether or not at your request, then this constitutes a separate arrangement between the recipient and the deliverer, and we shall not be party to any such arrangement. In these circumstances we shall not be liable for any loss, damage or other liability whatsoever or howsoever suffered or incurred as a direct or indirect result of the relevant delivery company entering property.
A charge will only be made for delivery in accordance with our current price list, unless otherwise agreed by us and you, for accessories with a total list price of below £200.
The receiver must sign for delivery, and once such proof of delivery is so signed, the goods will be deemed to have been accepted by or on behalf of
your selves. It shall be the recipient’s responsibility to check, before signing for delivery, that the correct quantity of goods has been delivered and that the packaging has not been damaged. Qualifications in signature relating to the lack of examination (“unexamined” etc) cannot be accepted by us in the event of subsequent claims being made.
You must immediately inspect the goods and notify us of any damage to the goods within 3 days of delivery. We shall have no obligation to replace or repair damaged goods in the event of failure by the Buyer to comply with this provision.
We will accept no responsibility in respect of goods claimed to have been lost or damaged in transit where delivery is otherwise than by us.
In the case of goods being sent by post, we will accept no responsibility in respect of goods claimed to have been lost or damaged unless a written complaint is received by both the Post Office and us within 7 days of the date of dispatch.
Please note that many of our European Suppliers shut down during the summer and Christmas periods for 4 & 2 weeks respectively. This can add to prospective delivery times, especially for non-stock items, and is out of our control.
We may decline to deliver if: we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or the premises (or the access to them) are unsuitable for our vehicle or delivery agent.
For deliveries to the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles you may be required to pay extra for delivery.
Property Ownership and Risk
The risk in the goods shall pass to you upon delivery. Full ownership will be transferred once payment is received.
Damaged goods being returned will only be collected from your delivery address, unless otherwise agreed in writing. Any other goods, which we accept back, are to be returned by you to our place of business at your expense.
Items will be accepted as a return which have not been installed or damaged after delivery.
Goods should be returned in their original packaging, provided such packaging and goods are undamaged. We may issue a credit note for goods which we accept as returned.
We may agree to provide you with replacement goods prior to collecting or receiving back the goods to be returned (whether faulty, damaged or otherwise) but only on the condition that: the replacement goods are paid for in full and we reserve the right to re-invoice you in the event that the returned goods are found to be in a worse condition than when they were originally received by you or where such goods have not been received back to us within 3 months of the replacement goods being received by yourselves.
A re-stocking charge of 30% will be applied to all non-faulty stock items that wish to be returned. Special order and non-stock products cannot be cancelled. Where cancellation or alteration of orders is accepted by us, you may be required to pay a restocking charge, to cover administrative costs and collection costs (if applicable); such charges to be determined by us.
If the goods we deliver are faulty or damaged, we will meet the cost of the return, as long as the fault is reported to us within 3 working days.
The goods will be deemed to have been accepted when they have been delivered and we may not accept claims for any visible defects found after installation.
We accept no liability for any cost incurred relating to the cost of installation.
We shall not be liable for any plumber’s costs, decorator’s costs, transport costs, late penalties, or any other costs, as a direct or indirect result of (i) any defect in the goods (including but not limited to any manufacturing faults, such as leaks, that become apparent on or after installation) or (ii) late delivery of the goods.
YOU ARE ADVISED NOT TO BOOK AN INSTALLER OR CONTRACTOR UNTIL YOUR GOODS HAVE ARRIVED AND HAVE BEEN CHECKED. Please do not install any goods that appear damaged.
Insolvency of the buyer
If you make any voluntary arrangement with your creditors or become subject to an administration order or become bankrupt or go into or an administrator takes possession, or a receiver is appointed to any of your properties or assets, or you cease, or threaten to cease trading, or we reasonably believe that any of these events is about to take place, we shall be entitled to cancel or suspend any further deliveries to you.
We warrant that the goods will correspond with their specification at the time of delivery and will be free from defects in detail and workmanship either at the time of.
No liability will be accepted for minor variations between the colour chart and/or colour samples and the actual finish of the goods; We shall be under no liability in respect of any defect in the goods arising from any drawing design or specification supplied to us.
We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working condition, failure to follow the installation instructions (whether oral or written), misuse or alteration or repair of the goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing, fax, or email and sent to our contact address given above and all notices from us to will be in writing, fax or e-mail.
Changes to legal notices
We reserve the right to change these terms and conditions from time to time.
Law, jurisdiction and language
The conditions therein and any contract brought into being as a result of usage of our brochure / website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.