All orders are accepted and all sales made subject to the terms and conditions on the invoice and to the following provisions.
The placing of or proceeding in any matter with any order by the Buyer shall be deemed acceptance by the Buyer of these terms and conditions.
'Products' are any of the range of products sold by Sealers Direct Ltd.
All prices include VAT at the current rate.
1.1 All orders and sales contracts are subject to acceptance or rejection by Sealers Direct Ltd, and are not binding on Sealers Direct Ltd unless and until so accepted. Acceptance of any order by Sealers Direct Ltd constitutes a complete and binding contract subject to these terms and conditions of sales. Acceptance is at all times subject to availability for delivery of the Products covered by each order, and to Sealers Direct Ltd prices for the Products in effect at the time of shipment unless otherwise agreed in a separate agreement signed by the Buyer and Sealers Direct Ltd. Prices on the invoice are those in effect on the date this document was issued.
1.2 All images of our products are for website display purposes only.
1.3 The style of containers/drums of our product may differ to the images on our site when delivered.
1.4 Sealers Direct Ltd reserves the right to deliver smaller containers but the same volume of material in total contained therein if needed. ie. 5 x 5ltr containers boxed instead of 1 x 25 ltr container/drum ie. 4 x 5ltr containers boxed instead of 1 x 20 ltr container/drum ie. 2 x 5ltr containers boxed instead of 1 x 10ltr container/drum
2. End Use
2.1 The information offered about our products is done in good faith based upon information believed to be true. It is offered for your consideration but no warranty is offered or implied.
2.2 You should ensure the product is suitable prior to use. This is particularly important when the surface to which it is to be applied has been sealed/ treated previously.
2.3 We warrant that our products will be free of defects for a period of 12 months from date of despatch. As we have no control over application or installation, no claims will be accepted for defects on applied or installed products unless they relate to a defect in the product itself. A bloom (milky white effect) in a finished sealed surface is not a product defect, this is caused by residual damp or atmospheric damp and is rectifiable at the customers cost.
2.4 Any chemical product that is claimed defective as a result of negligent storage whilst in your possession will render the warranty null and void. Chemical must be stored in dry conditions, protect from frost and freezing.
2.5 Determination of the suitability or fitness of the Products described in the invoice for the use or purpose contemplated by the Buyer or the Buyer’s customers shall be the responsibility of the Buyer, and Sealers Direct Ltd shall have no responsibility or liability in this respect. The Buyer assumes all risk and liability for loss, damage, or injury to property or Buyer or others and for all personal injuries caused to Buyer or others arising out of the use or possession of the Products. The Buyer agrees to indemnify Sealers Direct Ltd against all claims, demands and actions brought by others against Sealers Direct Ltd or its’ servants or agents in respect of loss damage or injury to persons or property arising out of the use or possession of the Products.
3.1 Sealers Direct Ltd warrants that the Products supplied shall conform to the description or specifications stated in the invoice. To the full extent allowed by law, the liability of Sealers Direct Ltd with respect to any breach of the warranty shall be limited, at the option of Sealers Direct Ltd, to payment of the cost of replacing the Products or of acquiring equivalent Products, and in no case shall Sealers Direct Ltd be liable for consequential loss or damage. Nothing contained in this contract excludes, restricts or modifies any condition, warranty, right or remedy which, pursuant to the Trade Practices Act 1974 (The “Act”), applies to this contract or is conferred upon the Buyer, provided that to the extent that the Act permits Sealers Direct Ltd to limit its liability for a breach of condition or warranty implied by the Act, then the liability of Sealers Direct Ltd for such a breach shall be limited, in the case of Products supplied pursuant to this Agreement, to the payment of the cost of replacing the Products or of acquiring equivalent Products.
4. Risk of Loss
4.1 The risk of loss or delay in relation to all Products supplied shall pass to Buyer upon Sealers Direct Ltd’s delivery to the Buyer's nominated carrier at the shipping point or store of Sealers Direct Ltd notwithstanding any payment of freight by Sealers Direct Ltd.
5. Retention of Title
5.1 Sealers Direct Ltd shall retain title and ownership of the Products until such time as the Buyer has paid for them.
5.2 Sealers Direct Ltd shall be entitled to recover the Products from the Buyer in the event that the Buyer does not pay for them within 28 days.
6. Orders for indefinite delivery
6.1 Orders with indefinite delivery dates are accepted upon the understanding that Sealers Direct Ltd shall have the right to fill said order as it sees fit in the course of the manufacturing or importation schedules and to hold the Products for the Buyer’s account at the Buyer’s expense and risk pending receipt of definite shipping instructions and, where required, of government authorization.
7.1 The Buyer must indemnify Sealers Direct Ltd against any liability, loss, damage or expense (including legal costs on a full indemnity basis) incurred as a result of any of the following:
7.1.1 A wilful or negligent act or omission by the Buyer;
7.1.2 Any warranty or representation made by the Buyer that was inaccurate or misleading.
8.1 All conditions and warranties of any type in relation to the Product are excluded to the maximum extent allowed by the law. In respect of product which is not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of Sealers Direct Ltd for a breach of any condition or warranty implied by law is limited to the replacement of the Product or the supply of equivalent Product.
9. Change or cancellation of orders
9.1 Sealers Direct Ltd will give due consideration to any request of the Buyer for modification or cancellation of its order or release against an order, but the order may not be modified or cancelled without the written consent of Sealers Direct Ltd. The waiver by Sealers Direct Ltd of a breach by the Buyer of any provision of the order shall not constitute a waiver of any other breach by Buyer or of a subsequent breach of that or any provision by the Buyer.
9.2 Sealers Direct Ltd reserve the right to deduct a delivery charge from any order where attempted delivery is made but not completed due to incorrect information given by client at time order is placed. If the order is cancelled in transit due to a change of circumstances a refund can be made minus any delivery and handling charges incurred by Sealers Direct Ltd.
10.1 In the event of war, fire, flood, strike, labour trouble, accident, riot, act of government authority, act of God or other contingencies beyond the control of the parties, interfering with the production, supply, transportation or consumption of the Products covered by this order, or with the supply of any raw material used in connection therewith, quantities so affected may be eliminated from the contract without liability, but the contract shall otherwise remain unaffected. Sealers Direct Ltd may during any period of shortage due to any of the said causes, pro rata its supply of such Products among its customers under this and other orders and contracts in such manner as Sealers Direct Ltd may deem fair and practicable.
11. Quantity Variations
11.1 On any individual order or release against or order for Products not stocked as a standard item, or not packed in standard cartons or packages, or on which special fabrications are required, Sealers Direct Ltd reserves the right to supply and invoice for a quantity of Products which may vary up to 10 percent over or under the quantity specified on the individual release and the buyer shall accept delivery and pay for such revised quantity.
12.1 Unless otherwise specified, quotations are for information only, and are not intended as an offer and are subject to change without notice in all respects, including prices, delivery date, terms, quantities or specifications.
13. Terms of Payment
13.1 Terms of payment shall be as stated in these terms and conditions. If the Buyer’s credit is unsatisfactory to Sealers Direct Ltd, the latter reserves the right to require payment either by:
13.1.1 Cash with the order, or
13.1.2 cash payment of sight draft against Bill of Lading or (Under b),
13.1.3 The Buyer at Sealers Direct Ltd’s option may be charged all collection fees.
13.2 Invoices are payable in the currency of the UK only, unless otherwise stated.
13.3 Future dates may be given on invoices.
14.1 Unless otherwise stated carriage of Products within the UK will be made with freight pre-paid. Sealers Direct Ltd shall have the right to select the means of transportation. If the Buyer requires a means of transportation other than that which may be selected by Sealers Direct Ltd, any extra cost incurred by reason of using such other means shall be paid by the Buyer. It shall be the Buyer’s responsibility to take out such insurance during carriage, as he considers appropriate. In the event of any general increase or any ruling or regulation affecting such rates resulting in increased freight charges, Sealers Direct Ltd may, at its option, increase its price to reflect such additional freight charges without advance notice.
15. Returnable Containers
15.1 Each shipping container for which a deposit is charged remains the property of Sealers Direct Ltd and must not be used for the shipment or storage of any other material. All such containers must be emptied and returned to the point from which shipped within sixty (60) days from date of invoice, transportation charges collect. If so returned in good condition, the deposit charge will be returned.
16. Return of Products
16.1 Unused products sold by Sealers Direct Ltd may be returned for credit within two months from the date of shipment of the products if permission for such return is granted by Sealers Direct Ltd in writing. A restocking fee of 20% of the invoice value may be applied at the discretion of Sealers Direct Ltd to cover administration and other costs. Additional charges for collection would be applied over and above the restocking costs as outlined above.
17. Commencement of Suit
17.1 An action for breach of this contract must be commenced within two (2) years after the cause of action has accrued.
18. Entire Agreement
18.1 The above terms and conditions represent the entire agreement between Sealers Direct Ltd and the Buyer with respect to the sale of the Products specified in the order and this agreement cannot be modified except by a new written order signed by both Sealers Direct Ltd and Buyer covering the sale of the Products.
19. Applicable Law
19.1 For Products sold in the European Union this contract shall be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of its Courts.
19.2 For Products sold outside of the European Union this contract shall be governed by and construed in accordance with the laws of the country of destination.
20.1 The rights and duties under this contract are not assignable or transferable by either party without Sealers Direct Ltd’s consent.
21. Standard Terms
21.1 The Buyer acknowledges that the terms and conditions set out in this page are the standard terms and conditions upon which Sealers Direct Ltd contract with all of its customers including the Buyer. Unless otherwise agreed by Sealers Direct Ltd in writing, these terms and conditions shall apply to all future contracts entered into between Sealers Direct Ltd and the Buyer.
We provide a national delivery service for our products. Whilst we endeavour to send all qualifying orders for next day delivery this is not a guaranteed service. Next day delivery service is Monday to Thursday. If you need an order delivered to a different address, left somewhere at your property without a signature or left with a neighbour, please contact us. We also try to maintain 100% stocking levels of our products at all times, so an immediate despatch is virtually guaranteed. After ordering your product please cheack your email inbox, junk / spam folders for delivery schedules and receipts. Collections are by appointment.
In common with other websites, log files are stored on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit. Cookies may be used to remember visitor preferences when interacting with the website. Where registration is required, the visitor's email and a username will be stored on the server.
How the Information is used The information is used to enhance the vistor's experience when using the website to display personalised content and possibly advertising. E-mail addresses will not be sold, rented or leased to 3rd parties. E-mail may be sent to inform you of news of our services or offers by us or our affiliates.
Visitor Options If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive. You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.
Cookies Cookies are small digital signature files that are stored by your web browser that allow your preferences to be re-corded when visiting the website. Also they may be used to track your return visits to the website.
Sealers Direct Ltd - Registered Co. Number 8060924 VAT Number: 229381690
1. Additional terms & conditions
1.1 The terms contained in this document (Terms of Trading) apply to all transactions for the purchase of products and services (each a “Service” or, two or more, the “Services”) from the website (our “Site”). By ordering any Services from our Site you are indicating your acceptance to be bound by these Terms of Trading. They form a legal agreement between you and us and can only be amended with our consent.
1.4 We reserve the right to change these Terms of Trading from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.
2.1 You may place an order to purchase a Service advertised for sale on our Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Place Order” button on the checkout page.
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered. Acceptance of your order and the formation of the contract between us will take place when we sent you an email confirming that the products you have ordered are being dispatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations and Returns).
2.4 If your order include(s) a Service(s) which is/ are not available from stock, we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option to wait until the Service(s) is/ are available from stock, or cancel your order.
3. Prices and payment
3.1 The prices of Services advertised for sale on our Site are as set out on our Site. All prices are in pounds (£) sterling, inclusive of VAT. Delivery/ shipping charges will be added to the total amount due once you have confirmed your order.
3.2 Prices may change at any time prior to (but not after) acceptance of your order.
3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
3.4 In the unlikely event that the price of an item has been incorrectly advertised on our Site, we will contact you by email or telephone to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed dispatch of your order, we will not be obliged to supply Services at the incorrect price.
4. Delivery/ Shipping
4.1 Subject to availability, we will use all reasonable endeavours to deliver the Services you have ordered as soon as possible after your order is accepted by us. We dispatch items ordered by you as they are available.
4.2 We will deliver directly to the address specified in your order.
4.3 Deliveries are made Tuesday to Friday (excluding bank and public holidays) normally between the hours of 8am and 5pm. The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt.
4.4 Once delivered, the Services ordered will become your property and your responsibility and, except in relation to Services that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
5.1 We understand that you may have concerns about security on the internet. Our Site uses a secure server in our online ordering process to protect your personal information.
5.2 When you proceed to the checkout, before you are prompted to complete your billing and shipping address, your browser will go into secure mode. Data relating to your order and your personal and payment card details will all pass to our server in an encrypted format. As soon as you have finished ordering you will exit secure mode. As an additional protection for you, our system is designed so that you cannot place an order until you are safely within secure mode.
5.3 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
5.4 If you have any additional queries about security, please contact us.
6. Our liability
6.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
6.2 You are responsible for the use you make of the Service(s) you order. To the extent not prohibited by law, we accept no liability for any loss or damage which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, business interruption, loss of business or opportunity and other similar losses).
6.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
6.4 Nothing in this section or elsewhere in our Terms of Trading affects your statutory legal rights.
7. Personal Data
8.1 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Trading.
8.2 If any part of these Terms of Trading is found to be unenforceable as a matter of law, all other parts of these Terms of Trading shall be unaffected and shall remain in force.
8.3 You and we agree that English law applies to these Terms of Trading and that any dispute between us arising out of or in connection with these Terms of Trading will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
8.4 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
8.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Trading, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
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