Terms & Conditions
Unless otherwise agreed in writing by Flex-It Company all goods are supplied on the following terms and conditions to the exclusion of any terms and conditions stipulated by the Buyer and any previous representations not expressly incorporated herein.
- Credit accounts will only be offered following the supply of two satisfactory trade references and a bankers reference.
- All accounts when opened are supplied on a Pro-forma basis for the first three orders.
- Once a credit account has been opened it will be assumed by Flex-It Company that the Buyer accepts and understands these terms and conditions regardless of any variation or conflict to the conditions stated in the Buyers purchase order.
Any quotations made by Flex-It Company will remain valid for a period of 30 days after which they may be subject to alteration unless otherwise expressly agreed in writing.
ORDERS AND SPECIFICATION
- The Buyer shall be responsible to Flex-It Company for ensuring the accuracy of any order or specification submitted. Flex-It Company can accept no liability for any goods incorrectly ordered by the buyer.
- Prior consent must be given by Flex-It Company for the return of any such goods for replacement or credit. The goods must be returned at the buyer’s expense and may also be subject to a charge for administration and other costs incurred.
- Flex-It Company reserves the right to refuse any order if these conditions are not acceptable.
- Flex-It Company’s policy is to continually develop and improve products offered and we therefore reserve the right to make any changes in the specification of the goods as described in our catalogue which do not materially diminish the quality or performance of such goods.
PACKING AND DESPATCH
- Goods will be packed ready for despatch at Flex-It Company’s expense in containers that they deem suitable. Should special packaging be required Flex-It reserve the right to make an additional charge.
- All orders over £125.00 net will be delivered free of charge (within Mainland England only, other areas charged at cost).
- Generally speaking, orders accepted by Flex-It Company before 2.00pm, subject to stock availability, will be delivered on the next working day if requested. This is not a guaranteed next day service.
- Special or Express delivery at the buyer’s request will be at the buyer’s expense and charged only at cost.
- A carriage charge of £10.00 will be implemented on all orders less than £125.00 net. There is no minimum order value. Carriage charges for highlands, offshore and non-mainland England will be charged at cost.
DAMAGE OR LOSS IN TRANSIT
- Flex-It Company do not accept any liability for delay in delivery of the goods once they have left the premises.
- Flex-It accept no liability for any loss, financial or otherwise, resulting from the customers failure to comply with our carriers requirements with respect to notification of damage, shortage or non delivery of goods.
- Notification of any shortage or non delivery must be made within 7 days of receipt or despatch of the goods.
- The buyer must notify Flex-It Company of any alleged defect in, or damage to the goods, within 14 days of actual receipt, specifying the particular defect. Flex-It Company will then arrange to collect the goods for inspection before agreeing to replace or credit the invoice value of the goods.
PAYMENT VIA CREDIT/DEBIT CARD
- Credit and Debit cards are debited on the day of shipping by Flex-It Company.
- Payments are authorised by Worldpay.
- All card information is permanently destroyed after a payment has been made.
PAYMENT ON ACCOUNT
- Payment must be received by Flex-It Company no later than the last working day of the month following the month in which the invoice was issued.
- Any permitted cash discount will be disallowed if payment is not received by the due date.
- Flex-It Company reserves the right to charge interest on any overdue payments on a daily basis at a rate of 2% per annum above Bank of England base rate until payment has been received.
- We also reserve the right to suspend deliveries and to terminate the credit facility should our terms of payment not be complied with.
RETENTION OF TITLE
- Ownership of the goods shall not pass to the Buyer until Flex-It Company has received payment of the full invoice value of the goods.
- The risk of damage to or loss of goods shall pass to the Buyer at the time of delivery.
- The Buyer shall be entitled to sell and effect delivery to third parties in the normal course of its business before payment, but the proceeds of such sales should be set aside until sufficient is held to pay Flex-It Company in respect of all outstanding invoices.
- In respect of all overdue debts and without prejudice to any other remedies that Flex-It Company may have available, we reserve the right to enter upon the premises of the Buyer, or any third party, where the goods are stored to recover any unused goods to offset against the outstanding debt.
- Samples submitted, and descriptions or illustrations contained in sales and technical literature issued by Flex-It Company, shall be treated as representative of type, quality, class and general character only, and not as importing conditions or warranties as to substance, performance, colour or size, and any failure of the goods to conform exactly with such descriptions, illustrations or examples shall not constitute any breach of contract on the part of Flex-It Company.
- Since the conditions under which the goods may be used or stored are beyond the control of Flex-It Company, their fitness for any particular purpose regardless of descriptions given, are hereby excluded.
- Under no circumstances shall Flex-It Company be liable for loss of profits or contracts, or for any consequential loss, damage, injury or death arising directly or indirectly from the use, application or storage of the goods once received by the customer, or by late completion of the order caused wholly or in part by an Act of God, Governmental restrictions, trade disputes, war, fire, or by any other act beyond the control of Flex-It Company.
- If the customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purpose of amalgamation or reconstruction) or a receiver is appointed, or the customer ceases to carry on business, then without prejudice to any other right or remedy available to us we shall be entitled to cancel any further deliveries under the contract without any liability and any goods that have not been paid for shall become immediately due for payment regardless of previous arrangements to the contrary. Any goods in original condition can be returned at the customers expense to be offset against the debt outstanding.
The construction, validity and performance of this contract and matters pertaining thereto shall be governed in all respects by English Law.
CANCELLATIONS & RETURNS
All returns are accepted at the discretion of Flex-It Company and we reserve the right not to accept goods for return.
In the event of a return, products ordered in error are subject to the following handling charges:
- Non custom/standard products are subject to charges of 25% of the NETT value of the product.
We regret that once ordered custom products cannot be cancelled.
All returns must be notified within 14 days of invoice date, and returned back to Flex-It within 14 days of the return being agreed.
We regret that delivery charges are non refundable and any agreed returns must be shipped back to Flex-It at the buyers cost within 14 days.
NON DELIVERY / MISSING GOODS
Claims for non delivery/missing goods must be made within 4 days of delivery.