Terms & Conditions
General Terms and Conditions
Legal Notices & Terms And Conditions Of Use
USE OF WEBSITE
This Web site is provided by SERPRO Ltd (SERPRO) and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
Limited License
Subject to the terms and conditions set forth in this Agreement, SERPRO grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
SERPRO authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SERPRO does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SERPRO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SERPRO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SERPRO MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, SERPRO may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SERPRO makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SERPRO or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SERPRO or any of its affiliates or subsidiaries.
Information Provided By You
SERPRO does not want you to, and you should not, send any confidential or proprietary information to SERPRO via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to SERPRO will not be considered confidential or proprietary. By providing any such information or materials to SERPRO, you grant to SERPRO an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that SERPRO is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to SERPRO. You further recognize that SERPRO does not want you to, and you warrant that you shall not, provide any information or materials to SERPRO that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL SERPRO OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SERPRO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes
SERPRO reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
SERPRO may terminate, change, suspend or discontinue any aspect of the SERPRO Web Site, including the availability of any features of the Web Site, at any time. SERPRO may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. SERPRO may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by SERPRO from its offices within the United Kingdom. SERPRO makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of United Kingdom export laws and regulations. If you access this Site from a locations outside of the United Kingdom, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of Great Britain, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between SERPRO and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Privacy Policy
SERPRO Ltd, SERPRO, is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit SERPRO on the World Wide Web without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. SERPRO uses this information to measure the use of our site and to improve the content of our site.
There are times, however, when we may need information from you, such as your name and address. When information is needed, we will try to let you know at the time of collection, how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account information. SERPRO will not make the e-mail addresses, or other information gathered, of those who provide information, available to other organizations.
If you register with one of SERPRO's business units on-line, they may use this information to provide you with custom information about SERPRO's offering in support of your business needs. A technology called cookies may be used to provide you with tailored information. A cookie is a tiny element of data that a web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. You may set your browser to notify you when you receive a cookie.
At times we conduct on-line surveys to better understand the needs and profile of our visitors. When we conduct a survey, we will try to let you know how we will use the information at the time we collect information from you on the Internet.
SERPRO's website may contain links to other sites such as SERPRO distributors and sales affiliates. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.
The Contract
These Terms and Conditions govern the supply of goods sold by SERPRO Ltd, we and us, to the customer, you, and constitute the entire and only agreement between us.
All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is created between us. The processing of your payment and acknowledgment of your order does not constitute a legal acceptance of your order.
Payment and Prices
The price payable for the goods you order is as set out on our web site at the time you place your order or, if you order from one of our catalogues or brochures, as set out in the catalogue or brochure from which you order provided it is a current catalogue, plus any charges for delivery and insurance as set out in the order form.
We reserve the right to change the price of commodity goods, but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
On occasion, the prices payable of goods advertised on our web site may differ from those prices offered in the current catalogue or brochure, and we are under no obligation to honour any web site price if there is such a difference.
There may times when an error may occur on our web site and goods may be incorrectly priced, we will not be obliged to supply the goods at the incorrect price.
Unless you are an account customer we must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed.
If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over HSBC's then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement , together with any reasonable legal or other recovery costs. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.
Delivery and Title
We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days. In the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to any delivery options to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not use or commence any work with any product until after you have received your order and checked all the goods for any defects or missing items.
You must do all that you reasonably can to enable delivery to take place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
Once delivery has been made to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
Stock Availability
We always try to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
Cancellation and Returns
You may cancel your order by giving us notice of cancellation within 7 days of the date of delivery to you . Such notice may be given by phone, mail, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them. Where the goods are being returned due to incorrect ordering by you for whatever reason we will refund the cost of the goods but not the cost for carriage for delivery and will be subject to a 15% restocking charge. Where the goods are being returned because they are faulty, incorrectly supplied or because of unsuitable substitution by us, we will meet the cost of return and we will nominate the carrier.
Liability
If you have notified us of a problem with the goods within 7 days of delivery, we will, subject to our Stock Availability clause, either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturers specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
If you are using goods purchased from us and you are undertaking work for another person, to any other person, for the use or installation of any goods by you. You hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
Limited Companies
The person signing the Trade Credit Account Application Form on behalf of limited companies does so as a guarantor and irrevocably undertakes to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations.
If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
Termination
We will suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of any obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
Envorcement
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
SERPRO Ltd - Registered Office: Portman House, Tollgate Drive, Beaconside, Staffs. ST16 3HS Company Reg No: 06928424
