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Terms & Condition
Last updated 25th April 2008
1. Definitions
- The "Buyer" means the company or person who buys or
agrees to buy Goods from the Seller.
- The "Seller"
means Peverall Brothers Ltd trading as Survey Express Services and
Garner Survey Eqpt Ltd. A company trading in the United Kingdom
and operating under English Law.
- "Conditions"
means the Conditions of Sales set out in this document and any Special
Conditions agreed in writing by the Seller.
- “Working Days”
means all days other than Saturdays, Sundays and Public Holidays
2. Conditions
- These conditions shall apply to all Contracts and Orders for the
sale of Goods by the Seller to the Buyer to the exclusion of all
other Terms and Conditions including any which the Buyer may purport
to apply under any purchase order, confirmation of order or similar
document.
- No variation
or addition to these Conditions shall be effective unless agreed
in writing by the Seller.
- Acceptance
of delivery of Goods shall be deemed conclusive evidence of the
Buyer's acceptance of these Conditions.
- Nothing in
these Conditions shall affect the statutory rights of any consumer
more than the law permits.
- The Seller
may change these terms and conditions at any time. Any changes will
take effect on the date they are posted onto the site (see date
above). You will be asked to read and accept the terms and conditions
each time you place an order, to ensure that you are familiar with
these terms and conditions.
- All transactions
handled through this site and Survey Express Services will be regarded
as a Business-to-Business transaction (unless the Buyer notifies
the Seller otherwise).
3. Prices
- The Price shall be that on the Seller's current Price List, or
if applicable the price contained in the Seller's Quotation. All
prices are an invitation to treat not an offer to sale.
- The Seller reserves the right to revise prices prior to despatch of Goods to
reflect any direct or indirect increase in costs to the Seller.
If the price has been paid in full prior to despatch the Seller
will notify the Buyer of any price revision which may be incurred.
- All prices are exclusive of VAT, which shall be paid in addition if applicable
according to legal requirements.
- Payment must
be made in full before the delivery of any Goods except where the
Buyer has an agreed credit account.
- If any act
or proceedings shall be commenced in which the Buyer's solvency
is concerned, all monies under any transaction covered by these
Conditions shall become immediately due and payable.
- The Seller
will try to ensure that all information on this site is accurate.
However, just occasionally, an error can occur. If the Seller discovers
an error in the price or description of a product which the Buyer
has ordered, the Seller will notify the Buyer and will ask whether
the order is to continue at the corrected price.
- Payment can
be made by Mastercard, Visa, Delta, Switch, Meastro and American
Express. Payment is deducted by Barclaycard Business when the order
is processed.
4. Delivery
- Whilst every reasonable effort shall be made to keep to any delivery
date, time of delivery shall not be of the essence and the Seller
shall not be liable for any losses, costs, damages or expenses incurred
by the Buyer or any other person or Company arising directly or
indirectly out of any failure to meet any estimated delivery date.
- All orders placed before 3.30pm with cleared funds will be dispatched on a
next working day delivery. Orders will only be dispatched if we
have verified and confirmed point of delivery via a telephone call.
- Where goods are ex stock the standard delivery will be next working day, times
between 9am and 5.30pm. If an early or timed delivery is required,
additional costs may be charged.
- Most goods are ex stock and delivery is usually by company vehicle or by Citylink,
TNT, Parcelforce, Royal Mail, or similar approved courier within
24 - 48 hours.
- Unless otherwise agreed the Seller may deliver by installments.
- Delivery of the Goods shall be made to the Buyer's address and the Buyer shall
make all arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
- All deliveries must be signed for, expect small value items which are sent by post.
- The Buyer will ensure to keep all receipts which accompany the order.
- International orders - Please contact us before placing the order due to additional
delivery charges.
- Any orders placed outside the United Kingdom will require verification. If
no verification can be sourced, the goods will not be dispatched
5. Missing, Damaged
or Incorrect Orders
- The Seller will try to ensure that every item despatch (excluding
ex-demonstration & hire items) will be received in pristine
condition. On occasions damage may occur in transit, therefore before
signing for the goods the Buyer must check all items to ensure correct
delivery and condition.
- If the Buyer does not receive all products, or receives an incorrect or damaged
order, the Buyer must be notify the Seller the same day in order
to correct the order. The Seller can not be held responsible for
any delay caused by the Buyer not notifying the Seller.
- Where damage has occurred, the Seller will arrange replacement stock and collection
of damaged goods.
6. Change of Mind Cancellations
- The Buyer can cancel an order at any time either before or up
to 28 days starting the day after delivery:
by e-mail - sales@surveyexpress.co.uk
by writing addressed to: Survey Express Services
218-220 Brownhill Road, London, SE6 1AT
by fax – 020 8461 1985
- All goods returned must be complete and in 'new' condition e.g. if packaging
is opened to examine the product the Buyer must have done so without
damaging or marking the product or packaging. It must not have been
used or installed. It should be returned with the original box,
packing and accessories as received.
- If goods are to be returned, the Buyer should arrange at their expense a delivery
service (Special delivery or an alternative courier service like
City-Link, TNT) which includes insurance to cover for the full amount
of the goods / transaction. If the goods are not returned, losted,
missing or are damaged, the Buyer should claim under their delivery
insurance agreement.
- Where the transaction has been taken by a credit or debit card, a refund charge
of 3% may be incurred. This is for the cost incurred by the credit
card provider for refunding the transaction.
- Any 'Free Gifts', ‘Free offers’ and ‘Gift Vouchers’ received with the product
must also be returned.
- The Seller cannot cancel the purchase when:
there is a contract for services with the product and you have started
using the services the goods were a special order to your specification,
or if the goods have been damaged or tampered with in any way.
7. Returns
- No Contract shall be cancelled nor shall any Goods which are in
accordance with the Contract be returned after 7 working days without
the prior written approval of the Seller and on terms to be determined
at the absolute discretion of the Seller.
- Unless the Seller at its discretion decides otherwise to accept the return
of any such Goods then:
the Buyer will be liable for the cost of remedying any damage to the Goods returned
where such damage has, in the opinion of the Seller, been caused
by the goods being inadequately packaged by the Buyer or through
the Buyer's fault.
the Seller reserves the right to charge a restocking fee for items that have been specially
ordered or modified.
- If goods are to be returned, the Buyer should arrange at their expense a delivery
service (Special delivery or an alternative courier service like
City-Link, TNT) which includes insurance to cover for the full amount
of the goods / transaction. If the goods are not returned, lost,
missing or are damaged, the Buyer should claim under their delivery
insurance agreement.
- Where the transaction has been taken by a credit or debit card, a refund charge
of 3% may be incurred. This is for the cost incurred by the credit
card provider for refunding the transaction.
- Any 'Free Gifts', ‘Free offers’ and ‘Gift Vouchers’ received with the product
must also be returned.
8. Ownership and Risk
- The risk in Goods shall pass to the Buyer upon delivery of the
Goods or upon the Goods being appropriated to the Buyer but kept
at the Seller's premises at the Buyer's request.
- The Seller remains the owner of the Goods affected by the Contract until the
Seller has been paid in full for such Goods.
- If any payment due under these Conditions is overdue in whole or in part, the Seller
may without prejudice to any of its other rights recover and/or
re-sell the Goods or any of them and may enter on the Buyer's premises
by its servants or agents to recover the Goods and the Buyer shall
be liable for all Seller's costs in doing so.
- If the Buyer is a consumer and properly rejects any of the Goods which are not
in accordance with the Contract, the Buyer shall nonetheless pay
the full price for such Goods unless the Buyer promptly gives notice
of rejection to the Seller and at the Buyer's costs return such
goods to the Seller in good condition.
- In the case of any other sale the Buyer shall inspect the goods immediately
upon delivery and shall notify the Seller within five days of delivery
if the Goods are damaged or do not comply with the Contract.
- Any Goods in respect of which any claim of defect or damage is made shall
be preserved by the Buyer intact together with the original packing
and the Buyer's risk and either,
a) retained by the Buyer for a reasonable period to enable the Seller
or its agent to inspect or collect the Goods or
b) at the Seller's option returned by the Buyer to the Seller who
will refund the cost of postage and packing to the Buyer if the
Goods are in fact defective.
9. Warranty and Liability
- The Buyer must satisfy themselves as to the suitability of the
products for their intended use.
- All warranties will be conducted to the specified manufacturers warranty processes.
- The Seller will accept no liability for any loss or damage however caused,
resulting from the use of the products, whether for injury, profit
or data loss.
10. Faulty Goods
- The following are guidelines. Wherever possible we will respond
to your individual circumstances.
- If there is a fault with your product within 12 months of delivery (or other
defect with your order), we will normally offer a prompt repair
or exchange service. You will always have the option of an exchange
or refund if the fault occurs within 28 days of delivery. In all
cases we reserve the right to inspect the product and verify the
fault.
- To qualify for a refund or exchange the product must be:
in otherwise "as new" condition; and complete with any accessories
and free gifts offered with it and, if possible, the original box
and packaging.
- If a fault occurs contact Survey Express Services on 020 8697 2725 and we will
endeavour to help or rectify any problems. A majority of support
calls concern the miss use of equipment, errors when setting-up
the equipment and training issues. If a fault occurs while you are
abroad, please contact upon your return to the UK.
- This promise does not cover faults caused by accident, neglect, misuse or normal
wear and tear.
- Replacement goods are sent by standard delivery only.
11. Force Majeure
The Seller will not be under any liability whatsoever in the event
that the Seller is prevented or delayed from supplying or making
delivery of any Goods for any reason or cause beyond the Seller's
control.
12. No Waiver
The Seller's failure to insist upon strict performance of any provision
of these Conditions shall not be deemed to be a waiver of its rights
or remedies in respect of any present or future default of the Buyer
in performance or compliance with any of these conditions.
13. Liability
Except as may be implied by law where the Buyer is dealing as a
consumer, in the event of any breach of these Conditions by the
Seller the remedies of the Buyer shall be limited to damages which
shall in no circumstances exceed the price of the Goods and the
Seller shall under no circumstances be liable for any indirect,
incidental or consequential damages.
These Conditions shall be construed in accordance
with English Law.
Survey Express Services is a trading name of:
Peverall Brothers Ltd
Unit 4c Tonbridge Works
Tonbridge Road, Harold Hill, Romford, Essex RM3 8TS
Registered in England No. 1417291
VAT No. 324 1897 54
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