Delivery, Returns & Refunds

Definitions and Interpretation
In these Conditions, unless the context otherwise requires, the following words have the following meanings:
“Buyer” is the person whose order for the Goods is accepted by the Seller.
“Conditions‚” the standard terms and conditions of sale of goods set out in this document and (unless the context otherwise requires) including any special terms and conditions agreed in writing between the Buyer and the Seller under Condition 2
“Contract‚” the contract for the sale and purchase of the Goods subject to the Conditions.
“Goods‚” the goods (including any instalment of the goods or any parts for them) which the Seller is to supply following the Conditions; and ‚” Seller‚” U-Weigh whose registered office is at 51 High Street, Hythe Kent, CT21 5AD

Returns & Refunds
1.1 Due to the nature of the goods sold, the seller will not accept cancellations and returns from the Buyer.
1.2 Whereas a gesture of goodwill the Seller does agree in writing to accept returned goods, still in their original, unopened condition, a 25% of the returned good value restocking fee will be charged.
1.3 Where a return is accepted as in clause 1.2, the buyer will be responsible for the return carriage and any charges due.

Price of Delivery
2.1 All deliveries will routinely be shipped using “Standard 3-5 working days” deliver services. Where a faster delivery is requested by the Buyer, additional costs will be charged
2.2 Part shipment at the Buyers request, will also be subject to an additional cost

Delivery
3.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller‚ premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
3.2 The Seller shall endeavour to deliver the Goods by the date quoted for delivery, but such date is not guaranteed nor shall the time of delivery. The date quoted for delivery shall be extended by a reasonable period if there is any delay caused by any industrial dispute or by any cause beyond the reasonable control of the Seller. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
3.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments under these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as repudiated.
3.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than because of any cause beyond the Buyer‚ reasonable control or because of the Seller‚ fault) then without prejudice to any other right or remedy available to the Seller, the Seller may:
(a) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the contract.

Risk and Property
4.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
(a) in the case of Goods to be delivered at the Seller‚ premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
(b) in the case of Goods to be delivered otherwise than at the Seller‚ premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
4.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
4.3 Until the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller‚ fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Seller‚ property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.
4.4 Until the property in the Goods passes to the Buyer (and provided that the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
4.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

Payment Terms
5.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer with the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
5.2 The Buyer shall pay the price of the Goods (less any prompt payment discount to which the Buyer is entitled but without any other deduction) not later than the due date. The time of payment should be of the essence of the Contract. All payments shall be made in full without deduction in respect of any set-off or counterclaim.
5.3 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled
to:
(a) cancel the Contract or suspend any further deliveries to the Buyer;
(b) appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
(c) charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 5% per cent per annum over the base rate for the time being of Bank of Scotland (such interest being deemed to accrue from day to day and being compounded on the last day of each calendar month) until payment is made.
5.4 Where the Buyer uses a Corporate credit card, a 2% plus VAT, a surcharge will be applied to the value tendered.

Notification of Claims
6.1 Any claim for non-delivering of any Goods shall be notified in writing by the Buyer to the Seller within 3 days of the order being delivered
6.2 Any claim which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 3 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 14 days from the date of delivery. All packaging materials must be retained for 14 days by the Buyer for inspection by the Seller.
6.3 If delivery is not refused, and the Buyer does not notify the Seller of any claim by the provisions of this Condition, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defects or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered by the Contract.

Price of Goods
7.1 The price of the Goods shall be the Seller‚ quoted price or, where no price has been quoted, the price listed in the Seller‚ published price list current at the date of acceptance of the order.
7.2 The Seller reserves the right by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller, which is due to any factor beyond the control of the Seller (such as, without limitation, any significant increase in the costs of labour, materials or other costs of manufacture), any changes in Duty or Tariffs, any changes or variations in Sterling, Euro or Dollar rates, any change in delivery dates, quantities or specifications for Goods which is requested by the Buyer, or any delay caused by instructions of the Buyer or failure of the Buyer to give the Seller accurate information or instructions.
7.3 Unless otherwise agreed in writing between the Buyer and the Seller all prices are given by the Seller on a basis where the Seller agrees to deliver the Goods otherwise than at the Seller‚ premises the Buyer shall be liable to pay the Seller‚ charges for transport, packaging and insurance.
7.4 The price is inclusive of any applicable Value Added Tax