In these Conditions, the following words shall have the following meanings:
All Goods sold by the Company are sold subject to these Conditions which shall govern the Contract to the exclusion of any other terms and shall be the sole terms and conditions of any sale by the Company to the Buyer. No employee or agent of the Company has the Company's authority to vary, amend or waive any of these Conditions on behalf of the Company and no amendment or addition to any of them shall be deemed to have been accepted unless accepted in writing by the Company.
Conflict of Terms
The acceptance of an order by the Company is only on the basis that these terms of sale take precedence over the Buyer's terms of purchase should conflict arise. This term overrides any similar term on the Buyer's order.
Goods are warranted to accord with the specifications given on the current website and to be within normal limits of industrial quality. The liability of the Company shall not exceed replacement of any goods shown to be defective or wrongly supplied.
Recommendations and suggestions relating to the use of goods supplied by the Company are given in good faith but it is deemed the Buyer has satisfied himself of the suitability of the goods for each particular purpose. Accordingly the Company gives no warranty to the fitness of the goods for any particular purpose.
Orders are not subject to cancellation, change, reduction in amount, or suspension of deliveries except with our consent in writing and upon terms that protect us from loss.
Returned Materials Authorization (RMA)
No materials will be accepted back for credit without written consent from us authorizing the return. Unauthorized returns will be returned to the Buyer at the Buyer's expense, and a handling and administration charge will be levied. We reserve the right to inspect the parts in the Buyer's works before authorizing a return. If such written consent is forthcoming a returned goods handling charge of 20% (20 per cent) of the price (or £5.00 if greater) will be made. In no circumstances will Goods which have, in the reasonable opinion of the Company, been used be considered by the Company for return unless there is (in the opinion of the Company) a valid reason for such return.
The Buyer shall hold the Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with the Buyer's designs or specifications or instructions.
The Company shall not be liable for any consequential loss arising out of or resulting from defects in any goods supplied, or by the delay, short or non-delivery of goods.
Carriage will be charged on all deliveries under the value of £45.00+ VAT unless otherwise agreed in writing. Carriage will be charged on all deliveries outside of mainland UK this includes Northern Ireland, Channel Islands, Isle Of Man, Isle of Wight, Scottish Islands and the Scilly Isles All packaging will be non-returnable, the Customer is liable for any local Customs charges incurred.
Customer / Buyer Error Refund Policy For Carriage Charges
In accordance with Government legislation for online transactions Nylon Fasteners Ltd will NOT refund carriage costs for items purchased in error. For example, if a customer / buyer orders the wrong size, type or colour product for their application, the customer will be liable for ALL carriage costs incurred, including return off goods to Nylon Fasteners Ltd. Any and all transactions of any value, free of charge and discounted carriage costs value that are voided because of customer / buyer error will be subject to a refund LESS COST OF CARRIAGE. This, however, will not apply in the rare cases of defective product, quantity error etc.
All delivery periods are given in good faith and every endeavour is made to maintain them. However delivery periods are given without liability for delay, however such a delay might be occasioned.
Courier Failed Deliveries
Due to all UK Couriers standard Terms and Conditions, whereby any undelivered consignment must to be notified within a 2 week period, notifications outside of this timeframe will result in the consignment being declared lost and unrecoverable.
It is the Customer’s responsibility to notify Nylon Fasteners Ltd of any failed deliveries within 2 weeks from the date of despatch, failure to do so may result in the Customer forfeiting their order without a refund.
Notification of Loss, Damage, or Non-delivery of Goods
The Buyer must advise the Company in writing within seven days of delivery of the goods of any damage, shortage, incorrect parts or loss in transit. Non-delivery of the goods must be reported in writing to the Company within 14 days of receipt of invoice. Unless the Buyer complies with the above provisions the Company shall not be liable for any such damage, shortage or loss and no claim will be entertained.
Engineering & Tooling Charges
Unless otherwise specified in writing by the Company, all engineering charges for production of special tooling are nominal only, and such tooling remains the property of Nylon Fasteners Ltd, who reserve the right to use any such tooling for any purpose deemed suitable. Commercial confidence is fully respected. Tooling will not be insured unless requested by the Buyer.
Quantity supplied of website items will as ordered. Quantity supplied of custom items is subject to a maximum upward variation of 15% (normally 8–10%) of the ordered quantity, to be invoiced pro-rata at the ordered quantity price.
The price charged will be that ruling on the date of dispatch. The Company reserves the right to vary the price of goods before delivery in accordance with: any alterations in the cost of labour or materials, foreign exchange fluctuations, currency regulations, alterations in duties, or imports variations.
The Buyer must pay for goods at time of order until such time as bank and trade references have been taken up and a credit account opened with the Company. Buyers with credit accounts shall ensure payment is received by the Company not later than 30 days from the date shown on invoice. All overdue accounts bear interest from day to day at the rate of 4% per annum above Lloyds TSB PLC Bank base rate.
Any debts due to the Company of whatever nature cannot be assigned to a third party by the buyer without the written agreement of both the Company and the assignee.
Ownership of goods shall remain with the Company until payment including any due interest has been received in full.
The construction, validity and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the jurisdiction of the English courts.