BASIS OF SALE
All Customer Orders will constitute an offer to buy Goods or provide
Services which The Consortium may accept or decline, subject to the
Conditions. The Contract will constitute the entire understanding
between The Consortium and the Customer. These Conditions take
precedence over any previous Consortium Catalogue standard terms
and conditions, and exclude any others stipulated or incorporated or
referred to by the Customer, whether in the Order or any course of
dealings established between The Consortium and the Customer, unless
agreed in writing by an authorised representative of The Consortium.
Products are not intended for resale. The Consortium reserves the right
to refuse orders from dealers and distributors. The Consortium cannot
accept orders from individuals under the age of 18.
DESCRIPTION
Every care is taken to ensure that illustrations and descriptions are as
accurate and informative as possible.
The Consortium reserves the right to change the design, specification
and source of supply as necessary. In such cases every reasonable effort
will be made to supply Goods of equal or better quality. Colours shown
in the Catalogue should be used as a guide only as variations due to
photography and printing can occur. Any typographical, clerical or other
error or omission in any Catalogue, sales literature, quotation, price list,
acceptance of offer, invoice or other document or information issued by
The Consortium will be subject to correction without any liability on the
part of The Consortium.
If an error is found, The Consortium will inform you as soon as possible
and offer you the option of reconfirming your order at the correct price
or cancelling your order. If you cancel, The Consortium will refund or
credit you for any sum that has been paid by you or debited from your
credit card for the goods.
PRICES
All Prices are quoted in UK pounds sterling. It is The Consortium's policy
to hold prices firm during the valid period of the Catalogue. However,
The Consortium reserves the right to amend prices at any time. The
prices shown in the Catalogue are exclusive of any applicable VAT. This
is chargeable on all Goods at the current rate.
LOWEST PRICE GUARANTEE
In the event that the Customer finds the same item in any other current
Business to Business mail order catalogue at a lower price within 7 days
of purchase, The Consortium will match that price, subject to the
following conditions:
The price must be a published price, be generally available to all
customers and based on the same purchase quantity. Proof of pricing
must be provided in the form of photocopied or faxed and dated
catalogue pages. The Consortium may choose to verify any such prices
with the vendor. The item price must be inclusive of any delivery or
administration charges and be available on similar credit terms. In the
event that the Customer's order has already been processed, then The
Consortium will issue a credit against the Customers account for any
agreed difference in price. Claims must be made on an individual basis
per order and are not ongoing.
CHARGES
Orders for both Stock and Non-Stock items for delivery in the mainland
UK or the Isle of Wight are normally inclusive of any standard delivery
charges. Certain Direct Delivery Items may be subject to an additional
delivery charge, as indicated on the relevant page of the Catalogue or
as advised by The Consortium when the order is placed. Customers
outside mainland UK and the Isle of Wight should contact Enquiries for
details of delivery charges. Mainland UK does not include Northern
Ireland, Scottish Isles, Isle of Man or Channel Islands.
DELIVERY
Any dates quoted by The Consortium for the delivery of Goods are
approximate only and The Consortium shall not be liable for any delay
in delivery beyond the reasonable control of The Consortium. Deliveries
shall be made by The Consortium or an appointed third party to a
ground floor covered site. Where the Customer requires delivery to be
made other than to a ground floor covered site, the Customer shall
advise The Consortium accordingly at the time of placing the Order. The
Consortium may make additional charges for delivery other than to the
ground floor and the Customer will be liable for such additional
charges. Any special delivery instructions must be clearly set out by the
Customer on the Order. All deliveries should be checked against the
advice note, which should be signed to confirm receipt of goods. Any
discrepancies should be notified to Enquiries within 7 days of delivery,
except where deliveries were made direct by suppliers when
discrepancies must be notified to The Consortium within the period
specified on the supplier's delivery note and no later than 7 days from
the date of delivery.
The Consortium reserves the right to charge a redelivery cost when a
delivery made on a day arranged with the Customer has been refused
or not been possible. Where the Goods are to be delivered in
installments, each delivery shall constitute a separate contract. Failure
by The Consortium to deliver any one or more of the installments in
accordance with these Conditions or any claim by the Customer in
respect of any one or more of the installments shall not entitle the
Customer to treat the Contract as a whole as repudiated.
DATA PROTECTION & CONFIDENTIALITY
The Consortium shall store and process Customer data in accordance
with the data protection principles as set out in the Data Protection Act
1998.
CREDIT REFERENCE AGENCIES
If the Customer applies for a credit account we may obtain information
about the Customer from a credit reference agency to check credit
status and identity. The agency will record our enquiry and this may be
seen by other organisations who also make enquiries about the
Customer. We may use credit scoring in making decisions about the
Customer's application.
Customers who are individuals have a legal right to receive, direct from
the credit reference agency, a copy of the personal data about them,
held by the credit reference agency (for a fee of £2.00) and to have
errors corrected. Contact details of credit reference agencies which we
use will be provided on request.
COMMUNICATIONS WITH CUSTOMERS
As part of The Consortium's commitment to quality it is possible that
any incoming telephone calls may be recorded for monitoring purposes.
Any recordings will be used for this purpose and no other.
RETURNS
Customers must contact The Consortium within 7 days of delivery to
obtain authorisation to return any Goods. Goods returned by the
Customer without prior authorisation will not be credited. The
Consortium reserves the right to charge the Customer up to 20% of the
full price to cover any collection and restocking costs it may incur as a
result of a customer ordering error. Customers must return all products
in their original boxes and packaging, including any manuals, software
or accessories supplied with the products. Computer software and
consumables (discs, cartridges, cassettes etc) can only be returned if the
original packaging is unopened and any seals intact. Failure to follow
these guidelines may invalidate any claim. The Consortium cannot
accept returns on certain products that are made to order, assembled
prior to delivery or assembled and installed, unless they are faulty. Items
affected by this exception are indicated on the relevant page of the
Catalogue. This does not affect your statutory rights.
OWNERSHIP and RETENTION OF TITLE
Risk of damage to or loss of the Goods shall pass to the Customer on
delivery of the Goods to the Customer or in accordance with the
Customer's instructions. The Consortium shall not be liable for damage
to Goods occurring after delivery to the Customer or for damage
occurring during carriage where the Customer or the Customer's
appointed carrier transports the goods.
Notwithstanding delivery and the passing of risk in the Goods, or any
other provision of these Conditions, the property in the Goods shall not
pass to the Customer until The Consortium has received in cash or
cleared funds payment in full of the Price of the Goods and all other
goods agreed to be sold by The Consortium to the Customer for which
payment is then due.
Until such time as the property in the Goods passes to the Customer,
the Customer shall hold the Goods as The Consortium's fiduciary agent
and bailee, and shall keep the Goods separate from those of the
Customer and third parties and properly stored, protected and insured
and identified as The Consortium's property, but the Customer shall be
entitled to resell or use the Goods in the ordinary course of its business.
Until such time as the property in the Goods passes to the Customer
(and provided the Goods are still in existence and have not been
resold), The Consortium shall be entitled at any time to require the
Customer to deliver up the Goods to The Consortium and, if the
Customer fails to do so forthwith, to enter upon any premises of the
Customer or any third party where the Goods are stored and repossess
the Goods. The Customer shall not be entitled to pledge or in any way
charge by way of security for any indebtedness any of the Goods which
remain the property of The Consortium, but if the Customer does so all
monies owing by the Customer to The Consortium shall (without
prejudice to any other right or remedy of The Consortium) forthwith
become due and payable.
CONSUMER PROTECTION - RIGHT TO CANCEL
This clause shall apply to Consumers only.
The Consortium acknowledges that in respect of any contract with a
consumer the provisions of the Consumer Protection (Distance Selling)
Regulations 2000 ("the Regulations") shall apply.
Every effort will be made to deliver the Goods or provide the Services
as soon as possible after your order has been accepted and in any event
within 30 days of your order unless otherwise specified.
A Consumer will, subject to any exceptions or exclusions set out in the
Regulations, be entitled to cancel this Contract by serving a written
notice of cancellation on The Consortium at any time during the
following periods:-
In the case of Goods, within seven working days after the day on which
the Consumer receives the Goods.
In the case of Services, within seven working days after the date of this
Contract. In the event of cancellation by the Consumer, Goods should
be returned to The Consortium. The Consumer shall be liable for the
costs of returning such Goods or the costs of The Consortium in
recovering such Goods, unless the Consumer has a right to reject the
Goods under a term of this contract or under any statutory right
(including any right under the Unfair Terms in Consumer Contract
Regulations).
The Consumer will not be entitled to cancel any Contract for the supply
of Services once the performance of the Services has begun with his/her
agreement. Where a notice of cancellation is properly given by a
Consumer any related credit agreement (whether with The Consortium
or any third party credit provider) will automatically be cancelled and in
such circumstances the provisions of the Regulations relating to credit
agreements shall apply.
The Consumer's right to cancel does not apply to:
Goods made to the Consumer's specifications or modified or
personalised for the Consumer; unsealed audio/video recordings or
computer software.
If The Consortium delivers substitute goods to the consumer and the
consumer then opts to cancel the contract, the cost of returning the
substitute goods to The Consortium will be met by The Consortium
(provided that the consumer has not, prior to despatch of the goods,
agreed to accept the substitute goods, in which case the cost of
returning the substitute goods to The Consortium will be met by the
consumer).
The Consortium acknowledges that in respect of any Contract with a
Consumer, the Sale of Goods Act 1979, the Supply of Goods and
Services Act 1982, the Consumer Protection Act 1987 and the Sale and
Supply of Goods Act 1994 shall apply (as appropriate). Any complaints
should be sent in writing to The Consortium for Purchasing and
Distribution Ltd, Hammond Way, Trowbridge, Wiltshire, BA14 8RR.
SUB-CONTRACTING
The Consortium reserves the right to sub-contract any of its rights and
obligations under the Contract.
PAYMENT TERMS
All Customer payments shall be made in UK pounds sterling. In the case
of credit card or debit card or purchasing card transactions, the
Customer shall pay the Price of the Goods or Services by such cards at
the time of placing the Order and The Consortium shall be entitled to
recover the Price. No Order will be fulfilled until the full payment
amount has been authorised by the appropriate credit, debit or
purchasing card service provider.
The Consortium reserves the right to request a non-refundable deposit.
The Customer will be advised at the point of order should this term
apply.
If the Customer fails to make any payment on the due date then,
without prejudice to any other right or remedy available to The
Consortium, The Consortium shall be entitled to:
Cancel the Contract or suspend any further deliveries to the Customer;
and/or Appropriate any payment made by the Customer to such of the
Goods or Services (or any Goods or Services supplied under any other
Contract between The Consortium and the Customer) as The
Consortium may think fit; and Charge the Customer interest on the
amount unpaid at the rate of 4% above the RBS plc base rate, accruing
daily.
The provisions of this clause are subject to the right of a Consumer to
cancel this Contract (and the automatic cancellation of any related
credit agreement) as set out in the Regulations.
PAYMENT TERMS - CREDIT ACCOUNT HOLDERS
This shall only apply to credit account holders. UK Customers holding
approved Consortium credit account facilities must pay within 21 days
from the date of invoice unless otherwise agreed. Customers should
allow 7 days for normal banking and postal delays when making
payment.
Failure to comply with the Conditions may result in the withdrawal of
credit account facilities and any sums outstanding will then become
payable immediately.
The Consortium reserves the right to charge interest on all overdue
balances on credit accounts at a rate of 4% above RBS plc base rate,
accruing daily.
In the event that the account is passed to a third party for collection of
outstanding balances, The Consortium will claim reimbursement of all
costs incurred in that collection from the Customer. Periodic reviews will
be carried out on credit account activity. Dormant credit accounts or
credit accounts with continuous late payment may be closed.
Credit accounts may only be reopened on a new application.
WARRANTIES AND LIABILITIES
The Consortium warrants that the Goods are of satisfactory quality and
that the Services will be provided with reasonable care and skill. The
Consortium shall not be liable for any defect in the Goods arising from
fair wear and tear, willful damage, accident, negligence by you or any
third party, use otherwise than as recommended by The Consortium,
failure to follow The Consortium's instructions or any alteration or repair
carried out without The Consortium's approval. If the Goods supplied
to you develop a defect or you have any other complaint about the
Goods or the Services, you should notify The Consortium in writing at
Hammond Way, Trowbridge, Wiltshire, BA14 8RR. This does not affect
your statutory rights.
The Consortium shall not be liable pursuant to the contract for any loss
of profit or goodwill or from any type of indirect, incidental, special,
consequential or exemplary loss, damage, costs or expenses (even if The
Consortium has been advised of the possibility of such damages).
Regardless of any statutory or other limitation periods any claim or
cause of action arising in connection with this Contract, other than a
Consumer's statutory rights which shall not be so restricted, must be
issued within one (1) year after such claim or cause of action arose
(failing which it will be barred).
Except in respect of fraud or death or personal injury caused by The
Consortium's negligence, or liability for defective products under the
Consumer Protection Act 1987, the entire liability of The Consortium in
connection with the Contract shall not exceed the price of the Goods
and/or Service to be provided hereunder.
FORCE MAJEURE
The Consortium shall not be liable to the Customer or be deemed to be
in breach of the Contract by reason of any delay in performing, or failure
to perform, any of The Consortium's obligations in relation to the Goods
or Services, if the delay or failure was due to any cause beyond The
Consortium's reasonable control.
WAIVER
No waiver by The Consortium of any breach of the Contract by the
Customer shall be considered as a waiver of any subsequent breach of
the same or any other provision of the Contract.
SEVERABILITY
If any provision of these Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the
other provisions of these Conditions and the remainder of the provision
in question shall not be affected thereby.
ALTERATIONS TO THE CONDITIONS
The Consortium reserves the right to amend the Conditions at any
time by notice in Writing.
STATUTORY RIGHTS
Nothing in these Conditions is intended to or shall the effect of affecting
the statutory rights of a Consumer.
LAW
The Contract shall be governed by the laws of England. Jurisdiction to
the English courts.
COPYRIGHT
Copyright The Consortium for Purchasing and Distribution Limited.
05/06. E & OE. The Consortium® is the registered trademark of
The Consortium for Purchasing and Distribution Limited.
TORK Napkin Promotion
Offer open to pre-selected Consortium customers only. To qualify for the free starter pack, a purchase of the Interfold Napkin introductory offer at £25.00 must be made. The starter pack is limited to the first 50 customers to respond. Only one starter pack per customer. Offer can not be used in conjunction with any other offer. Offer valid until 31/08/08. All other Consortium terms and conditions apply.