Terms and Conditions
1. ABOUT US
3. ITEM COSTS AND DELIVERY
3.5 Unless otherwise expressly stated all quotations issued are valid for 30 days from the date of quotation.
3.6 Customers based outside of the contigous US: Please note, payment for goods and delivery for orders placed online do not include any additional fees that may arise based on your delivery location. This includes but is not limited to; Import Duty, Taxes, Customs fees or processing fees. In the event these costs arise, they are the sole liability of the customer unless otherwise expressly agreed in writing by Garadry.
5.6 Upon delivery of your order, you must check the contents to ensure that your order is complete and that you are satisfied with the condition of the goods. If an item is missing/damaged/incomplete you must notify Garadry in writing within 14 days from the day of delivery. Any order may be returned to us for a refund or replacement within this period. Please refer to our returns page for more information regarding returns.
5.7 For unwanted items, return costs are to be met by the customer. Any items found to be damaged or in unsaleable condition will be returned to the customer at their expense with no refund given.
5.8 All quoted delivery timescales are given as an estimate only on the likely time for the order to arrive. Garadry will make every reasonable effort to comply with such estimates but will not be liable to pay damages, compensation or grant cancellation of the order by reason only of failure to meet the stated delivery date.
5.9 Duties and taxes may be payable on your order depending on your local duty and tax legislation. All orders to the continental United States of America have taxes and duty included in the item's price. Deliveries to Canadian territories are subject to duties and taxes in accordance with local legislation and these are to be met by the customer at the point of delivery.
7.3 All goods supplied by Garadry are fit for the normal purpose for which such goods were intended. Garadry will not be liable if the goods are found unsuitable for any other purpose. Any recommendations made by Garadry in such circumstances are made in good faith but as the installation of product is out side of our control, it is for the customer to satisy-themself as to the suitability of the goods for the intended purpose.
7.4 Garadry will not be under any liability in respect of any defect arising from misuse or alteration of a product, wilful damage, negligence, abnormal working conditions and failure to follow our instructions whether oral or in writing.
7.5 All Garadry branded products carry a 5 year manufacturers guarantee (effective from January 1st 2017). This guarantee applies only to goods used within normal operating conditions and for the purpose intended. In cases where adhesive is to be used, only the supplied Garadry branded sealant & adhesive is to be used. In cases where alternative adhesive has been used in any or all of the installation, this guarantee will be null and void. If an alternative sealant is suspected of having been used, Garadry reserve the right to inspect any seal or sealant in question prior to making a decision on any guarantee claim. The guarantee does not apply to any product that has been exposed to abnormal operating conditions including excessive weight loads or chemicals such as fuels, acids or unstable compounds. Any and all applicable warranty will be void if the supplied fitting instructions are not followed.
8. FAULTY GOODS
11. SPECIAL OFFERS
TRADE ACCOUNT TERMS AND CONDITIONS
In these trade account terms and conditions, “we” or “us” or “company” means Yellow Product Design Limited, trading as “Garadry”; “you” or “customer” means the person, firm or company named on the trade application form; and “our” or “your” shall be construed accordingly. This is an agreement between us and you to provide a trade account (the “Account”) which you can use to make purchases from us either online or directly. You will be deemed to have consented to these terms by your use of the Account.
This account may be used to facilitate trade credit. It is a non-regulated agreement and as such is not governed by the Consumer Credit Act. We will consider pursuing a prosecution for fraud against any individual(s) falsely applying or subsequently being granted credit in a consumer capacity.
Any customer that is a registered business will for all intents and purposes, with regards to these terms and conditions, be considered a "trade customer".
1. Credit Limit
1.1 We will from time to time set a credit limit for the Account and tell you what it is. This may be done verbally or by specific letter or by virtue of the statement which will reflect a change to the limit offered.
1.2 We reserve the right to withdraw credit facilities at any time without prior notice.
2. Purchase Orders
2.1 You agree and acknowledge that we shall be under no obligation to include any purchase order number(s) from you on our invoices.
3.1 Any invoice query must be submitted in writing within 21 days from the date of invoice otherwise the invoice shall be deemed to be accepted by you.
3.2 You will receive an invoice electronically for any Account purchases at the time of purchase and you will be sent an additional copy with any goods delivered or when services are provided. Please keep these receipts for your records.
3.3 The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format unless any proposed variations are requested in writing at least six months in advance and expressly agreed by us. Any cost of an agreed variation shall be borne by you unless expressly agreed otherwise.
3.4 You will be sent, unless otherwise agreed, reminder invoices showing details of outstanding payments due, which have been charged to the Account, once the 30 day credit period has lapsed.
4.1 You will be sent an invoice for each purchase and, unless we otherwise agree with you in writing, payment must be made within 30 days of the date of invoice. Any payment to us must be in US Dollars by way Bank transfer, credit or debit card or as otherwise notified by us to you. Funds must be cleared within the 30 day period to avoid disruption to your account.
4.2 If we accept payment by credit card we reserve the right to charge a 2% fee.
4.3 The Customer shall indemnify the Company, against all costs (including legal costs) and expenses incurred by the Company in recovering amounts due from the Customer, or exercising its rights including any administration fee incurred if the Company refers a late/non payment dispute to its lawyers or collection agents.
5.1 Even if we have provided you with credit previously we reserve the right to refuse to complete any order if payment of the account or your credit rating is not satisfactory to us.
5.2 If the organisation in whose name the trade account will be held is (a) a company, and you are a director of the company, or (b) an LLP and you are a member of that LLP, you will personally guarantee the performance of all of that organisation’s current and future financial obligations to us (including any subsequent increase(s) in the credit facility extended to that organisation).
5.3 You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
5.4 The goods shall be at your risk. In spite of delivery having been made, ownership (also known as “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; (i) not be entitled to use the goods; (II) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from other goods in your possession and marked in such a way that they are clearly identified as our property and grants, and in the case of third parties shall procure, the company and its agents and employees an irrevocable licence at any time to access and enter any premises where the goods are, or may be stored, to inspect, repossess and remove them.
5.5 If you do not repay the outstanding balance on invoices in full and on time, we reserve the right to charge interest at the rate of 2% per month on any such overdue amounts from the due date until payment is made in full (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs. The 2% interest charge is a default charge and represents a pre-estimate of our losses incurred as a result of your default in failing to settle your account in full by the due date. Interest will be calculated on a daily basis. We will notify you of the interest that is charged. In addition we shall be entitled to claim interest, fixed sum compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by the Late Payment of Commercial Debts Regulations 2013) where the you fail to make payment of any amount properly due on its due date.
5.6 We may close the Account at any time with immediate effect, on us giving you notice verbally or in writing if you break any of these terms or the terms on which you purchased goods or if any of the following happens (or we reasonably believe is likely to happen). If your account is closed, you will become liable to pay any amount outstanding on the account immediately upon receiving a request from us to do so:
5.7.1 if you are a company; any step, application, order, proceeding or appointment for a distress, execution, composition or arrangement with creditors, winding up, dissolution, administration, receivership (administrative or otherwise) or bankruptcy is taken or made, or you are unable to pay your debts; or
5.7.2 if you are an individual, you die or any step, application, order, proceeding or appointment for execution, composition or arrangement with your creditors, or for bankruptcy is taken or made, or you are unable to pay your debts; or
5.7.3 if you are a partnership, any step, application, order, proceeding or appointment for execution, composition or arrangement with creditors, winding up, dissolution, administration, receivership (administrative or otherwise), bankruptcy is taken or made, or you are unable to pay its debts as they fall due.
5.8 We shall not (to the fullest extent permitted by law) be liable to you under this agreement (including if we are unable to comply with our obligations due to any event beyond our reasonable control).
5.9 We may send you any notice at the address specified on your application form, any trading address you may have from time to time, or at any other address you notify to us in writing and you must tell us if you change your address. Our contact details are: Garadry, Orchard House, 17 Summerwood Lane, Halsall, Ormskirk, Lancashire, United Kingdom L39 8RG or any other address we may notify to you in writing. Any notices must be given by first class post and will be regarded as served 2 days after the date of posting. If we relax any of these terms, this may be just a temporary measure or a special case, and we may strictly enforce the term(s) again at any time.
5.10 Duties and taxes may be payable on your order depending on your local duty and tax legislation. All orders to the continental United States of America have taxes and duty included in the item's price. Deliveries to Canadian territories are subject to duties and taxes in accordance with local legislation and these are to be met by the customer at the point of delivery.
6.1 You may end this agreement at any time by giving us notice provided that you have paid in full any outstanding balances on your Account.
6.2 We may vary these terms on giving you 30 days’ written notice, and no other variations shall be valid unless agreed in writing by us and you.
6.3 Orders accepted or paid for may be cancelled within 7 days of the date of acceptance/payment. Orders cancelled outside of this period are subject to approval and may be subject to a restocking fee.
7.1 You must tell us immediately if you become aware that the Account is being misused, whether fraudulently or in any other way; if access to the Account has been compromised, stolen or misused; or an Account invoice appears to wrongly include any item. Until you notify us of these events, so that we can stop the use of the Account or investigate any misuse of the Account, you will be liable for any losses we suffer as a result of any misuse of the Account. Where we have good reason to do so, we may cancel, suspend or restrict the right to use the Account.
8. Data Protection
8.1 We will use any personal information you provide in accordance with the Data Protection Act 1998 for the purpose of assessing the level of credit we can provide to you and as otherwise permitted by law (the “Purpose”). We may share details with credit reference agencies and other organisations for these purposes and for the purposes of updating such organisations with your payment performance information. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud or money laundering. Law Enforcement agencies may access and use this information. By submitting the application, you consent to our use of your personal information as set out in this clause.
8.2 This agreement shall be governed by and construed in accordance with the law of England and Wales and all disputes arising in connection with the Contract shall be submitted to the non-exclusive jurisdiction of the English Courts. If the Customer is domiciled in Scotland (according to the Civil Jurisdiction and Judgments Act 1982) or Goods are delivered to the Customer in Scotland, the Company may elect that the Contract shall be governed by and construed in accordance with Scottish law and/or all disputes arising in connection with the Contract shall be submitted to the jurisdiction of the Scottish Courts.
9. Direct Customer Delivery
9.1 All orders placed for delivery to any address other than the business address held by us on file, will be subject to a $10.00 delivery surcharge. This charge is applicable to all orders placed via telephone, via our websites(s), electronically, by purchase order or by any other method, where the delivery address is not the registered business address.
10. Trade Order Returns
10.1 You will be responsible for all shipping costs incurred on any returns accepted by us.
10.2 We reserve the right to refuse any trade returns.
10.3 We reserve the right to charge a restocking fee for any accepted trade returns solely at our discretion. If a restocking fee is applicable this will be 25% of the cost of the goods.