Terms & Conditions of Sale
In these conditions the vendor KEDGEWORTH 2000 Ltd is referred to as KEDGEWORTH; and any other party with whom KEDGEWORTH contracts for sale of goods or services is called “the customer”.
The customer shall be responsible for all risk in the goods sold as soon as they are delivered to the specified delivery address, whether or not this is the customers own address, or as soon as they are collected from KEDGEWORTH by the customer or any other party acting on his behalf.
Notwithstanding that the risk in the goods sold has passed to the customer, goods shall remain the property of KEDGEWORTH until paid for in full by the customer. KEDGEWORTH reserves the right to repossess goods not paid for punctually or as agreed between KEDGEWORTH and the customer, and the customer shall for that purpose afford KEDGEWORTH or its agents access to any premises where the goods may be situated. KEDGEWORTH or its agents shall be entitled to enter upon these premises for the purpose of making this repossession.
KEDGEWORTH will replace or at its absolute discretion refund the purchase price of any goods supplied to the customer which in the opinion of KEDGEWORTH are in any way not in accordance with the contract, except where the customer or someone acting on his behalf has signed that the goods were received in good condition, in which case liability attributable to KEDGEWORTH shall only cover goods which in the opinion of KEDGEWORTH were damaged or defective before leaving our premises or our own vehicle. Where carrier’s or transport company’s note bearing the words “Received in good condition” or similar has been endorsed by the customer with words such as “unexamined” this endorsement shall not have the effect of making KEDGEWORTH or the carrier or transport company liable for any shortfall, damaged or defective goods subsequently discovered.
- Limitation of Liability: KEDGEWORTH shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the sale, use, or performance of our goods, regardless of the cause of action, even if KEDGEWORTH has been advised of the possibility of such damages. This includes, but is not limited to, damages resulting from the failure of the original goods, whether due to manufacturing defects, misuse, or any other reason.
- Maximum Liability: In any event, the maximum liability of KEDGEWORTH for any claim related to the goods shall be limited to the purchase price paid by the customer for the specific goods that caused the alleged damages.
- Assumption of Risks: By purchasing our goods, the customer acknowledges and agrees to assume all risks associated with their use, including any potential damages resulting from the goods' failure.
- Indemnification: The customer agrees to indemnify and hold KEDGEWORTH, its employees, agents, and affiliates harmless from any claims, losses, damages, liabilities, costs, and expenses arising out of or in connection with the use or resale of our goods, except to the extent caused by KEDGEWORTH 's gross negligence or wilful misconduct.
- Severability: If any provision of this limitation of liability clause is found to be unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect.
The customer shall notify KEDGEWORTH at once of any discrepancy, shortfall or damage to the goods supplied. Any claim under 4, above shall in any case be made to KEDGEWORTH within three days of delivery or collection.
Late Delivery/ Non-Delivery
In no circumstances whatsoever shall KEDGEWORTH be liable for any loss whether direct, indirect or consequential due to goods not being delivered by any specific time or date. Delivery times are given in good faith but shall not be binding and may on occasions be affected by circumstances beyond the control of KEDGEWORTH.
No goods are sold by KEDGEWORTH as being fit for any particular purpose since conditions of use are beyond our control. No goods shall be ordered, nor will they be supplied, on a sale or return basis. KEDGEWORTH may at its absolute discretion exchange undamaged goods with cost adjustments and a restocking charge of 15% plus any carriage charges involved.
In requesting delivery onto premises or ordering delivery vehicle off the public road for the purpose of making a delivery to any site, the customer shall accept responsibility for any damage to persons or property resulting from this action however caused.
KEDGEWORTH reserves the right to pass on to the customer any bank charges incurred as a result of dishonoured cheques and to charge interest at the current approved rate on overdue payments. All monthly credit accounts shall be settled by the last day of the month following the dates of the relevant invoices.
These terms and conditions shall be deemed to be the basis of any contract entered into with KEDGEWORTH for the sale of any goods or services and shall be construed in accordance with English Law.