1. Formation of Contract
These terms and conditions shall be the sole terms and conditions of any sale of goods by Valiant Stoves Ltd, Registered in England No. 07348573 ('the Company') to (‘the Customer’).
Conditions on the customer’s order form or similar document shall not be binding on the Company These conditions shall not be varied, waived or added to without the written agreement of the Company.
2. Orders and Delivery
Goods are offered for sale subject to availability. In the event of non-availability of goods the Company shall have no liability to the customer and orders are accepted only upon this basis the Company will use all reasonable efforts to meet delivery dates but time shall not be of the essence and it shall not be liable for loss of any kind whatsoever if it is delayed or prevented from delivering the goods for reasons beyond its control or as a result of the non-availability of goods or in the event of Force Majeure. If the Company fails to deliver the goods (or any instalment) for any reason other than any cause beyond the Company’s control or the customer’s fault, and the Company is accordingly liable to the customer, the Company’s liability shall be limited to the excess (if any) of the cost to the customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods Delivery of all orders shall be deemed to have taken place upon delivery of the goods to the customer’s premises or to the customers named carrier. Risk in the goods shall pass to the customer upon delivery.
3. Damage or Discrepancies
Claims for damage or discrepancies to/of the goods must be made in writing to the Company within five working days of delivery (or in the case of non-delivery within 7 days of the invoice date) giving full particulars including the number and condition of parcels received and must also note on the carriers receipt any parcel shortages or external damage to the parcels and otherwise the Buyer shall be considered to have accepted the delivery. No goods or parts may be returned to the Company for any reason unless in accordance with the Company's returns Authorisation Procedure (as notified from time to time to the Buyer).
4. Partial Deliveries
The Company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may be invoiced separately. Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods.
5. Trial orders
Goods are not sold on a trial basis.
6. Sale Or Return
Goods are not sold on a sale or return basis unless specifically agreed in writing on Valiant Letter Headed Paper and signed by the Managing Director.
All products supplied by the Company are guaranteed for a 12 months period from date of despatch from the Company’s premises. All goods / products that have been supplied by the Company to a customer / end user in excess of 12 months prior to the date of the return claim will not qualify for a credit. This condition applies to all products supplied including faulty / mint and products sold on a sale or return basis. All mint products returned during the initial 12 month period after sale (The Guarantee Period) must be in stock condition and be accompanied by a Valiant returns number which is to be placed clearly on all packages.
Faulty returns: must be authorised by the Company and a returns number printed clearly on all returned packages. Packages will be refused without a returns number. The customer is responsible for ensuring safe delivery of the returned item and shall pay all costs associated with returning any goods to the Company.
SOR / Mint returns: must be authorised by the Company and a returns number printed clearly on all returned packages. Packages will be refused without a returns number. A restocking fee may be required for mint stock at the Company’s discretion.
8. Price Variation
The price payable for the goods shall be stated in the order confirmation. The Company reserves the right to amend the price prior to delivery to meet any rise or fall in costs beyond its control. Prices and manufacturers specifications subject to change without notice. Prices may change because of currency fluctuations.
9. Value Added Tax
The Company shall be entitled to change the amount of any value added tax payable whether or not included on a quotation, price list or invoice. EU residents pay VAT at the appropriate rate, currently 20%. Non EU / exempt pay the inclusive price. All prices shown on the website include VAT at U.K rate. If VAT does not apply to you (e.g: You are ordering from outside EU) then please contact the Valiant Office to place an order. Call: +44 (0) 1763 284 184.
10. FOB SALES
For goods ordered on a FOB basis (free on board), invoices cover the value of the goods, including delivery to the port plus any local taxes and duties in the despatching territory.
The customer is responsible for any further costs that are incurred once the goods leave the dispatching territory. This may include: loading, transport, customs, duties, taxes and clearance charges, local delivery charges to the customer destination (please note that this is not an exhaustive list).
The Company’s responsibility covers the quantity and quality of the goods and compliance with the destination territory, the Company will not be held responsible for any loss, damage or specification issues arising from misunderstanding or changes of specification after delivery to the port.
Unless the Company has agreed to credit terms in the case of any particular customer, or payment has been made in advance, payment is due when the goods are despatched from the Company premises or from an agents premises acting on the Company’s instructions. Payment accepted by credit / debit card or bank transfer. Credit terms are available to approved accounts only. Any variation to our standard terms of payment or credit terms are stated on invoices.
12. Account Customers
As referred to in clause 10 and in the case of agreed credit customers of the Company payment shall be made by the customer no later than 30 calendar days from the end of the month of the date of invoice. If payment is not made when due the Company may charge interest at the rate of 7.5% above Bank of England base rate, calculated on a day to day basis on the balance outstanding until payment is made in full and the Company may refuse to make any further delivery of goods.
Not withstanding delivery and the passing of risk, the legal and beneficial ownership in all Goods shall not pass to the Customer and shall remain with the Company which retains the right of disposal until full payment has been received by the Company from the Customer for all goods supplied at any time whether hereunder or in respect of any other Contract or Contracts and of all other sums due.
In the event that the goods are not paid for on the due date or if the Company shall otherwise be entitled to determine the Contract pursuant to Condition 15 hereof, the Company may, whether or not such right of termination shall be exercised and without prejudice to its other rights and remedies at any time recover the Goods or such part thereof as shall be in possession or under the control of the Customer and for that purpose the Company and its authorised representatives may enter upon any of the Customers land or Buildings upon or in which the Goods may be situate.
Until the property of the Goods passes to the Customer pursuant hereto the Company shall hold the Goods as the fiduciary agent and bailee of the Company and shall keep the Goods separate from any other property of the Customer or any other person and property stored, protected and identified as the Company’s property and insured to their full value against all normal comprehensive risks with the Company’s interest as owner being noted on the relevant policy or policies.
If the Customer shall purport to dispose of any Goods before the property therein shall have passed to the Customer, the Customer shall be under fiduciary duty to the Company to hold the proceeds in trust for the Company in a separate account and forthwith to pay therefrom such sum as shall satisfy its total indebtedness whether under this Contract or and other Contract. If in such circumstances the proceeds of such disposal are not received by the Customer, the Customer hereby irrevocably appoints the Company to be its attorney to collect and receive payments of such proceeds in its name and on its behalf and to discharge therefrom the sums owing to the Company under the Contract and any other Contract and all costs and expenses incurred by the company in connection with the collection of such proceeds and to pay over the balance to the Customer or as it may direct.
The Company shall not be liable for any direct indirect or consequential loss to the customer arising from third party claims occasioned by any delay in delivery of the goods or any other circumstances.
14. Cancellation of Orders
The Company shall be entitled to withhold delivery or cancel any order if the customer fails to pay any sum owing on the due date for payment or any order in such event the customer shall be liable for not only the goods delivered but also for any additional costs suffered as a result of withholding delivery or cancelling an order.
The Company shall be entitled to determine the Contract or the unfulfilled part thereof forthwith by written notice to the customer in any of the following events.
a. If the Customer commits any breach of the terms or conditions of the Contract.
b. The Customer ceases to carry on business or pay his debts as and when they fall due or threaten so to do.
c. If the Customer shall become bankrupt of have a receiving order or administration order made against him or shall make any composition or arrangement with or conveyance or assignment for the benefit of his creditors or shall purport so to do if any proposal shall be made for a voluntary arrangement in relation to the Customer or if the Customer shall have any application made against him under the Insolvency Act 1986 or any Statutory re-enactment or replacement thereof of any other insolvency legislation in whatever jurisdiction or (being a company) if any Resolution be passed or any Order of the Court be made that the Customer be wound up or a receiver and/or a manager be appointed by any creditor or any act shall be done which would cause any of the foregoing to be done.
Any termination of the contract shall be without prejudice to the Company’s rights accrued up to the date of the termination and the customer shall forthwith pay to the Company all payments due to it up to such a date.
16. Force Majeure
The Company shall not be liable for any breach of these terms or failure to deliver by reason of any of the following Act of God, War, Riots, Strike, Lockouts or other labour dispute, Fire, Flood, Drought, Legislation or any other cause beyond the control of the Company.
17. Law and Jurisdiction
The construction, validity and performance of the contract for the supply of goods to which these terms and conditions relate is governed by the laws of England and the parties accept the non-exclusive jurisdiction of the English Courts. If part of these terms is found to be unlawful, it will not affect the validity of the remainder. These terms and conditions do not affect consumer statutory rights. Errors and omission accepted.
This version of Valiant Stove’s terms and conditions supersedes all previous copies.
Valiant Stoves Limited, Solution House, Sandon Lane, Therfield, Royston, Herts. SG8 9RE. Reg: 7348573 Vat: 118235823