The brand “tool-net” and URL of “www.tool-net.co.uk” are trading names
of Fixings Direct Ltd and for purposes of this document will be referred
to as “Us” or “the Company”. All aspects of www.tool-net.cp.uk trading
is undertaken by Fixings Direct Ltd at the company's registered address
or subsidiary sites and can be contacted via the 'Contact Us' page.
These Terms and Conditions of Sale shall apply to all sales of goods
without exception and supersede any previous Terms & Conditions
of Sale. These are the 'Standard Trading Conditions' referred to on
invoices and literature of www.tool-net.co.uk ('the Company') and shall
take priority over any purchase conditions.
Pricing Policy. Please click onto 'Pricing Policy' which is hereby
incorporated in these Terms & Conditions of Sale.
Delivery Policy. Please click onto 'Delivery Policy' which is hereby
incorporated in these Terms & Conditions of Sale.
Returns Policy. Please click onto 'Returns Policy' which is hereby
incorporated in these Terms & Conditions of Sale.
Reservation of Title. For the purposes of this clause, the following
definitions shall apply :-
"The Goods" means goods supplied by the Company to
the customer.
"Full Payment" means the receipt by the Company of
payment in full for the Goods to include all delivery charges.
"Delivery" means the delivery of the Goods to the customer
or other person to whom the Company has been authorised by the customer
to deliver the Goods whether expressly or by implication.
Until full payment title to the Goods shall remain with the Company
which reserves the right to dispose of the Goods until full payment
is made.
If full payment has not been made upon the commencement of an
act or proceeding in which the customer's solvency or the solvency
of any member of a group of companies to which a customer belongs
is involved the Company may (without prejudice to any of its other
rights) recover or resell the Goods or any part of the Goods.
The Directors or Principals of any customer which is a limited
liability company involved in any act or proceeding in insolvency
will be held personally liable both jointly and severally to guarantee
and make good debts owed by the customer to the Company whether
wrongful trading be proven or not. Such acts or proceedings are
hereby deemed to be sufficient proof and evidence of insolvent or
wrongful trading at the time of sale and adequate to compel a personal
contribution to the debts owed in respect of those sales. Goods
supplied for which payment has not been made are deemed therefore
to have been personally ordered by and supplied to the Directors
and Principals of such a company and they shall be required to make
good any due and payable indebtedness notwithstanding any insolvency
proceeding liquidation or to dissolution.
It is not commercially viable to individually identify each item
sold with a serial number or other mark. Therefore until full payment
the customer shall not mix or store the Goods with any other goods
in his possession and shall take all reasonable steps to ensure
that the Goods remain readily identifiable as the property of the
Company. Where the property of the Company is not kept separately
and in the case of a retention of title claim against a receiver
or liquidator the Company shall not be required to prove that an
item of merchandise still evident is directly attributable to a
particular unpaid sales invoice but merely establish that by virtue
of first in first out stock rotation any goods in evidence of the
type which is unpaid for may be reasonable stated to be the Goods
which are unpaid for and thus be said to be the property of the
Company.
The Company's rights under this clause shall not be affected
by any terms agreed in any contract or otherwise howsoever whereby
the customer is granted credit with regard to the payment of the
price of the Goods or is permitted by the Company to defer payment
beyond the time granted for doing so, namely 30 days after the date
of the invoice.
In the event that the Company's goods are sold or provided to
a third party by way of trade or otherwise the Company reserves
the right to garnish sequester or otherwise hold security over any
funds payable by the third party in respect of those goods. The
customer shall allow full access to any books and records which
shall help establish the identity of such third party and means
for securing and identifying such payments as relate to the Company's
goods.
Account Customers. The Company may upon the provision of satisfactory
trade bank and personal references grant the customer the facility of
a credit account. In this case payment is due and shall be paid within
30 days of the issue of the invoice to the customer unless otherwise
agreed in writing by the Company. Where a payment has not been made
by the customer to the Company within the time specified the Company
reserves the right to charge 4% per month from the date the invoice
was issued until receipt of the monies outstanding. Any purchase contract
overdue will render the entire account payable immediately. The Company
reserves the right to look to the customer for full reimbursement of
any legal bank or court fees and charges reasonably incurred in obtaining
full payment for goods or in employing another party to obtain such
payment.
The Company does not warrant that the Company's website is without
errors defects or viruses but the Company takes all reasonable care
to ensure that the site contains no errors defects or viruses. The Company
will not be liable for any claims actions demands losses damages and/or
costs which a customer may suffer or sustain as a result of connection
to or use of the Company's website.
Interpretation jurisdiction and formation of contract. Any agreement
between the Company and the customer shall be subject to and governed
by English Law. All sums due are payable in Pounds Sterling at the Company's
trading address. The contract is formed at the time the customer clicks
on and places the order.
By clicking on and placing his order a customer hereby accepts and
recognises these Terms and Conditions of Sale.
