| Shop Home | About Trains4all.co.uk | View Basket | Your Basket : Items: Total: | Contact Us |
Terms and Conditions
When you access or order any item from this site you are
agreeing to all the terms and conditions below.
1. INTERPRETATION:
(A) In these Conditions: -
"Buyer" means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
"Goods" mean the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
"Seller" means Trains4all.co.uk
"Conditions" mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Buyer and the Seller.
"Contract" means the contract for the purchase and sale of the Goods.
"Writing" includes telex, cable, facsimile transmission and comparable means of communication.
(B) Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
(C) The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE:
(A) No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller.
(B) The Buyer acknowledges that it has not relied on, and waives any claim for breach of, any representations made by the Seller or its employees or agents.
(C) Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer's own risk.
(D) Any typographical, clerical, or other error or omission in any sales literature, quotation, acceptance of order, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.ORDERS AND SPECIFICATIONS:
(A) No order submitted by the Buyer shall be deemed to be accepted until confirmed in Writing by the Seller.
(B) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer.
(C) The quantity, quality and description of any specification for the Goods shall be those set out in the Seller's quotation or the Seller's written order confirmation whichever is the latter, provided that all sizes and thickness of materials stipulated in said specification shall be approximate only.
(D) If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which result from the Seller's use of the Buyer's specification.
(E) The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
(F) No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4.PRICE OF THE GOODS:
(A) The price of the Goods shall be the Seller's quoted price.
(B) The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
5.DELIVERY:
(A) All carriage charges apply to delivery within the United Kingdom only.
(B) Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
(C) Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
(D) In the event that the Seller is found to have a liability under these Terms and Conditions, or under Statutory law, this liability shall be limited to the excess (if any) of the costs to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
(E) If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
(i) sell the Goods at the best price available.
(ii) return the cost of the goods to the Buyer after the Buyer has provided additional Postage costs and paid for any fees that the Seller has incurred.
6. DAMAGES, SHORTAGES OR NON DELIVERY:
(A) Damage or Short Delivery - Damage and/or shortages must be noted on carriers delivery sheet immediately and notice in writing given to Seller within 3 days of receipt of goods. Non Delivery - Claims for non delivery must be made in writing to the Seller within 3 days of date of dispatch shown on invoice.
(B) Return of Goods: All goods to be returned must be authorised before return. No unauthorised returns will be accepted.
7. PAYMENT:
(A) Payment must be made in advance.
(B) We only accept UK cheques issued in pounds sterling - with goods being despatched when the cheque clears.
8.WARRANTIES AND LIABILITY:
(A) Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(B) Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) order 1976) the statutory rights of the Buyer are not affected by these Conditions.
(C) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (other than due to damage suffered during transit) or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 10 working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery but not later than 28 days after delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
(D) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
(E) Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer due to any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
(F) The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract due to any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control, which shall include (without limitation) any:- (i) act of God, explosion, flood, tempest, fire or accident; (ii) war or threat of war, sabotage, insurrection, civil disturbances or requisitions: (iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; (iv) import or export regulations or embargoes; (v) strikes, lock-out or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); (vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery; (vii) power failure or breakdown in machinery.
9 .BUYER'S INDEMNITY:
The Buyer hereby indemnifies the Seller and undertakes to keep the Seller indemnified.
(A) against all costs, charges, liabilities or expenses including legal costs, reasonably incurred by the Seller in exercising any of its rights contained in these Conditions.
1. INTERPRETATION:
(A) In these Conditions: -
"Buyer" means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
"Goods" mean the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
"Seller" means Trains4all.co.uk
"Conditions" mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Buyer and the Seller.
"Contract" means the contract for the purchase and sale of the Goods.
"Writing" includes telex, cable, facsimile transmission and comparable means of communication.
(B) Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
(C) The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE:
(A) No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller.
(B) The Buyer acknowledges that it has not relied on, and waives any claim for breach of, any representations made by the Seller or its employees or agents.
(C) Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer's own risk.
(D) Any typographical, clerical, or other error or omission in any sales literature, quotation, acceptance of order, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.ORDERS AND SPECIFICATIONS:
(A) No order submitted by the Buyer shall be deemed to be accepted until confirmed in Writing by the Seller.
(B) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer.
(C) The quantity, quality and description of any specification for the Goods shall be those set out in the Seller's quotation or the Seller's written order confirmation whichever is the latter, provided that all sizes and thickness of materials stipulated in said specification shall be approximate only.
(D) If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which result from the Seller's use of the Buyer's specification.
(E) The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
(F) No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4.PRICE OF THE GOODS:
(A) The price of the Goods shall be the Seller's quoted price.
(B) The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
5.DELIVERY:
(A) All carriage charges apply to delivery within the United Kingdom only.
(B) Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
(C) Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
(D) In the event that the Seller is found to have a liability under these Terms and Conditions, or under Statutory law, this liability shall be limited to the excess (if any) of the costs to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
(E) If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
(i) sell the Goods at the best price available.
(ii) return the cost of the goods to the Buyer after the Buyer has provided additional Postage costs and paid for any fees that the Seller has incurred.
6. DAMAGES, SHORTAGES OR NON DELIVERY:
(A) Damage or Short Delivery - Damage and/or shortages must be noted on carriers delivery sheet immediately and notice in writing given to Seller within 3 days of receipt of goods. Non Delivery - Claims for non delivery must be made in writing to the Seller within 3 days of date of dispatch shown on invoice.
(B) Return of Goods: All goods to be returned must be authorised before return. No unauthorised returns will be accepted.
7. PAYMENT:
(A) Payment must be made in advance.
(B) We only accept UK cheques issued in pounds sterling - with goods being despatched when the cheque clears.
8.WARRANTIES AND LIABILITY:
(A) Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(B) Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) order 1976) the statutory rights of the Buyer are not affected by these Conditions.
(C) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (other than due to damage suffered during transit) or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 10 working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery but not later than 28 days after delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
(D) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
(E) Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer due to any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
(F) The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract due to any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control, which shall include (without limitation) any:- (i) act of God, explosion, flood, tempest, fire or accident; (ii) war or threat of war, sabotage, insurrection, civil disturbances or requisitions: (iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; (iv) import or export regulations or embargoes; (v) strikes, lock-out or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); (vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery; (vii) power failure or breakdown in machinery.
9 .BUYER'S INDEMNITY:
The Buyer hereby indemnifies the Seller and undertakes to keep the Seller indemnified.
(A) against all costs, charges, liabilities or expenses including legal costs, reasonably incurred by the Seller in exercising any of its rights contained in these Conditions.