Euro Hygiene - Terms and Conditions

In these conditions "the Seller" means EuroHygiene Limited, "the Buyer" means the person, firm or company purchasing the goods. "The Goods" means the goods or materials the subject of the contract between the Buyer and the Seller.

1. APPLICATION OF THESE TERMS:

Unless otherwise agreed in writing every order placed with the Seller shall be subject to these Conditions of Sale which shall override any standard terms or conditions stipulated, incorporated or referred to in the Buyer's order.

2. PART DELIVERY:

Where delivery of the goods is to be made by instalments each delivery shall be treated as a separate contract and failure suspension or delay in any delivery or defects in the Goods delivered shall not vitiate the contract as to other deliveries.

3. DELIVERY DATES:

All delivery dates are estimates only and the Seller shall not be liable in damages for any delay in delivery nor shall the Buyer be entitled to refuse to accept delivery except where delay of an unreasonable length has occurred due to circumstances within the Seller's control. The following circumstances shall without limitation be deemed not to be within the Seller's control. Acts of God, war, riots, civil commotion's, strikes, lockouts, trade disputes, fires, breakdowns, and interruptions of transport, Government action and delay in delivery by the Seller's suppliers. During any such period of delay the Buyer after giving reasonable prior written notice of his intention to do so shall not be at liberty to purchase elsewhere such goods only as shall be necessary for the Buyer's immediate requirements, and to cancel delivery from the Seller of any quantities so purchased.

>4. FAILURE TO PAY:

i) If the Buyer shall fail to make any payment on the due date or becomes bankrupt or enters into liquidation (other than for the purposed of amalgamation or reconstruction) or makes any composition or arrangements with Creditors or has a receiver appointed of its undertaking property or assets or any part thereof the Seller shall have option to withhold or cancel further deliveries provided that failure on the part of the Seller to exercise such option in respect of on or more deliveries shall not affect the right to exercise it in respect of other deliveries. Not withstanding any other terms stated herein that cash should be paid before delivery is required.

ii) Where payment is required in advance of shipment of goods (for example at the start of a business relationship), ownership of the entire order remains with EuroHygiene Ltd until full payment is made.

5. PAYMENT TERMS:

i) Unless otherwise agreed and provided that the Seller does not require payment in advance of delivery payment for the goods shall be made within 30 days of the date of the invoice relating to the goods in question. Without prejudice to the Seller's rights in respect of late payment other than to receive compensation therefore if the Buyer fails to make payment by the due date the Seller shall be entitled in addition to the purchase price to interest thereupon at the rate of 25% per annum from the due date of payment until payment is received by the Seller.

ii) Where payment is made by Credit Card, we reserve the right to examine payment methods and delivery addresses etc to ensure their authenticity, and not ship the goods until we are convinced of the authenticity of customer details.

6. OWNERSHIP:

(i) Risk in the Goods shall pass to the buyer upon delivery but title thereto shall be retained by the Seller until it has received payment in full in respect thereof or until the Seller serves a written notice upon the Buyer specifying that the title thereto has passed whichever shall be the sooner.

(ii) If the Buyer fails to make payment in accordance with these Conditions of Sale the servants or agents of the Seller shall be entitled to enter upon the premises of the Buyer to repossess the Goods.

(iii) The seller grants the Buyer a licence to use the goods or any part thereof in the course of the Buyer's normal business operations or to sell the same on the condition that so much of the proceeds of the sale received under contract which include any of the goods as shall be necessary to satisfy the payment due to the Seller in respect thereof shall be held on trust for the Seller in a separate Bank account and shall not be mingled with any other monies and shall at all times be identified as monies of the Seller.

7. ACCEPTANCE OF GOODS:

The Buyer shall inspect the goods immediately upon delivery and shall within 3 days of such delivery give notice in writing to the Seller of any matter or thing by reason whereof the Buyer alleges that the Goods are not in accordance with the contract as to quantity, quality or otherwise. If no such notice is served by the Buyer upon the Seller the goods shall be deemed to be in accordance with the contract in all respects and the Buyer shall be deemed to have accepted them.

8. DAMAGED / SHORT GOODS:

Damage shortage and pilferage in transit must be reported to the carriers in writing within 3 days after the delivery of the goods and a copy sent to the Seller to enable (where applicable) the necessary claim to be made. In case of breakages the Buyer must retain the damaged goods and packing material for inspection. In case of non-delivery within 10 days of date of dispatch or in the case of exports within the 3 days of anticipated delivery date the Seller must be advised immediately. If the Buyer's non-compliance with the above causes any subsequent claim to be refused by the carriers the entire loss shall be borne by the Buyer.

9. SAMPLES:

No contract between the Seller and the Buyer shall be a sale by reason only of a sample having been provided for the Buyer's general guidance and information.

10. QUALITY:

(i) If the Buyer having served notice on the Seller in accordance with Clause 7 above demonstrates to the reasonable satisfaction of the Seller that the goods are not of the quality specified in the Contract the seller shall at its option either replace the defective Goods with Goods complying with the contract at the place for delivery specified in the contract or refund to the Buyer the price paid by the Buyer for the defective Goods. (ii) The express benefits of the warranty set out in sub-clause 10(i) above represent the entire responsibility and liability of the Seller in respect of all conditions and warranties express or implied whether statutory or otherwise and any obligations and liabilities whatsoever of the Seller relating to the goods or advice or information supplied in relation thereto whether in contract tort or otherwise except liability for death or personal injury arising out of negligence of the Seller.

11. PRODUCT HANDLING INFORMATION:

The seller hereby notifies the Buyer that the Seller has available information concerning the goods and the conditions recommended for safe use and handling. The Buyer may, at his own expense, have these instructions translated into other languages.

12. DELIVERY TERMS:

Delivery terms used in international transactions shall be interpreted in accordance with INCOTERMS 2000.

13. PRODUCT GUARANTEE:

Where a manufacturer's guarantee or warranty is available on any item, this is indicated within the product details provided with the product, and when returning goods under warranty, the buyer must follow the manufacturer's instructions. In cases where no specific written warranty or guarantee is offered, it is generally accepted that most manufacturers offer a limited warranty. Goods returned to EuroHygiene Limited having suffered damage whilst in use will, where necessary, be forwarded to the manufacturer or their agent for inspection, in which case the manufacturer's, or their agent's, decision will be considered as final. In event of the manufacturer or their agent failing to accept responsibility for any damage caused or of such damage occurring outside the manufacturer's accepted warranty period, EuroHygiene Limited will, with the Buyer's agreement, and entirely at their expense, arrange for any viable repair to be carried out or alternatively return the un-repaired item to them.

14. RETURNED / UNWANTED GOODS:

Where goods have been ordered and the order has been correctly fulfilled by EuroHygiene Ltd, if the goods are unwanted and are returned to EuroHygiene we will issue a Credit Note to the value of the ordered goods, less 20% restocking charge. No refund of carriage charges for either delivery or return of the unwanted goods will be made. Goods must be returned unopened in their original packaging, in a saleable condition.

15. MISTAKES IN BILLS, RECEIPTS OR ORDERS:

EuroHygiene Limited undertakes to rectify any proven errors or mistakes in Buyer billing, receipts or orders within thirty days.

16. AUTHENTICITY:

We guarantee that all items for sale on the EuroHygiene Limited website are genuine products of the manufacturers specified. We contact the manufacturers direct to ensure genuine products.

17. PRODUCT DETAILS:

All product details and their accompanying images contained on the EuroHygiene Limited website are intended for illustrative purposes only, and form no part of our contract with the customer. Goods supplied may vary from those described, and Buyers requiring the exact specifications of any particular product prior to purchase, are advised to obtain these direct from the relevant manufacturer. All sizes and measurements quoted are nominal, and colours may be subject to variance in shade from those illustrated and described. All information relating to products advertised has been provided by the relevant manufacturer and EuroHygiene Ltd cannot be held responsible for changes made be manufacturers.

18. COMPLAINTS & DISPUTES:

All complaints or disputes must initially be notified in writing only and posted to EuroHygiene Limited, 3 Sandmartins, Gateford, Worksop S81 8TT, UK. EuroHygiene Limited will acknowledge all Buyer complaints or disputes within five working days of receipt, either by e-mail or fax (provided these contact details have been included with the letter of complaint) and will notify the Buyer as to the estimated time required to resolve the matter which will, if necessary, take into account the return of the item(s) in question to the manufacturer or the manufacturer's agent or representative. The Buyer will be informed regarding the progress of the complaints procedure, and notified of the result in due course. If however the Buyer is dissatisfied with the way in which the complaint has been handled or the final outcome, they can at any time, and at their own expense, employ the services of an independent arbitrator with whom EuroHygiene Limited will be pleased to co-operate.

19. DISCLAIMER:

EuroHygiene Limited has no jurisdiction over the use or users of products purchased from this website, and therefore accepts no responsibility for any consequences arising directly or indirectly from the use of such products, except where injury or death is legally proven to be a direct result of negligence on our part.

20. TRADE CUSTOMERS:

Our list of trade customers is limited only to businesses and their staff, and not to members of the public. Members of appropriate professional organisations may also become website / trade customers. To become a trade customer (and to access various discounts) we require one of the following: a) If you are a sole trader, we require a business letterhead with an appropriately completed application form including details of your VAT registration number; or b) If you are a limited company then we require your Company Registration No. and your VAT registration number along with a letter of application. Alternatively you may complete the online application. Once these requirements have been met and confirmed by us, then we will contact you with your new username & password. You will then be able to access the members’ area of our site that will display the discounts and special offers that become available to you.

21. DELIVERY OUTSIDE THE EUROPEAN UNION:

Delivery to addresses outside the EU may incur other charges, such as Import Duty. We reserve the right not to add these charges to the order. All duties must be paid by the client at the appropriate collection point.

22. CREDIT CARD SURCHARGE:

We reserve the right to charge a credit card surcharge of up to 2.5% with a minimum charge of £1.25.

23. EXCLUSIONS:

We cannot guarantee that any smoke alarm will prevent damage to buildings, property or other loss. We cannot guarantee that the use of any Carbon monoxide alarm will prevent death or other injury. EuroHygiene Limited cannot be held responsible for the method of use of any product. Any claim with regard to loss caused by the use of these products will be regarded as null and void.

24. CONDITIONS OF SALE

These Conditions of Sale any contract made pursuant there to shall be subject to and construed in accordance with English Law and the Buyer hereby submits to the Exclusive Jurisdiction of the English Court. Where a court finds any condition herein to be invalid or unenforceable this will not affect the remainder of the agreement, and the remaining provisions, or remaining parts thereof, shall continue to be binding. MAILING LIST: At EuroHygiene Limited we are constantly reviewing and updating our products. We also negotiate with various manufacturers to supply various products at discounted prices. To allow us to keep you up to date on these developments, we hope you will take advantage of the free EuroHygiene Mailing List. EUROHYGIENE LIMITED RESERVES THE RIGHT TO ALTER OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE