Terms and Conditions
(a) 'The Company' means Quicksilver UK Limited and will include its employees, servants, agents and/or duly authorized representatives.
(b) 'The Customer' means the person, firm, company or other organization placing an order, buying or agreeing to buy or hire goods or services from the Company.
(c) 'Products' means the articles sold to the Customer by the Company.
(d) 'Hire Goods' means any machine, article, tool and/or device, together with any necessary accessories, which are hired to the Customer by the Company.
(e) 'Services' means services and/or work to be performed/provided for the Customer by the Company.
(f) 'Quotation' means any detailed specification of the Products/Services to be provided to the Customer by the Company.
(g) 'Deposit' means any advance payment required by the Company in respect of Goods, Hire Goods or Services to be provided to the Customer by the Company.
(h) 'Hire Period' means the period commencing from when the Customer holds the Hire Goods on hire (including Saturdays, Sundays and Bank Holidays) and ending upon one of the following events: (i) the physical return of the Hire Goods by the Customer to the Company, or (ii) the physical repossession or collection of the Hire Goods by the Company, or (iii) an agreement in writing that the hire period has ended.
(i) 'Rental' means the Company's charging rate for the hire of Hire Goods which is applicable during the Hire Period.
(j) 'The Contract' means the arrangement which is made between the Customer and the Company comprising the purchase order, these conditions and any other documents specified in the purchase order.
(a) All orders are accepted subject to the availability of the Products and/or Hire Goods and to these Conditions.
(b) No terms or conditions put forward by the Customer shall be binding on the Company.
(c) The Conditions shall apply to all contracts for the provision of Products or Services by the Company to the Buyer and any variations to these Conditions shall be inapplicable unless agreed in writing by the Company.
(d) The Customer warrants that all information provided as to the site and site conditions is accurate and will be accurate on the delivery date.
(e) Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974, the duration of the hire shall not exceed three months. Accordingly, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
(f) Quotations given by the Company are open to acceptance by the Customer for a period of thirty days from date of quotation.
3. TERMS OF PAYMENT
(a) Prices quoted are exclusive of VAT (unless otherwise stated), the rate of VAT being the one in force at the date of the invoice.
(b) Where goods or services are supplied on credit, all invoices shall become due for payment (less any deposit paid) within 30 days, unless specified otherwise.
(c) If you fail to pay in full by the due date, future orders for goods and/or services may be cancelled or suspended.
(d) Where payment is not made on the due date, the Company may charge interest on the overdue amount at the rate of 8% above National Westminster Bank PLC base rate calculated on a day to day balance basis and compounded on a calendar monthly basis from the date the payment becomes due until the date the Company receives payment. Interest shall accrue at such a rate before and after any judgement, unless the court rules otherwise.
4. RISK, TITLE AND INSURANCE
(a) The goods are at the Customer's risk from when they leave the Company's premises.
(b) If goods are damaged (or not delivered), the Customer must notify The Company within 24 hours of delivery and confirm this in writing within five working days of delivery (or the expected delivery time). The Company must be given the opportunity to inspect damaged goods.
(c) Goods supplied by the Company to the Customer shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the full price of the goods and any services supplied.
(d) The Customer is responsible for insuring the goods until such time as these are paid for or, in the case of hire goods, returned to the Company.
(e) The Company is covered by liability insurance, for employees, products and public. The clearing and policing of the firework firing site and the firework fallout zone is the responsibility of the Customer. The Company will not accept responsibility for the theft of goods from either the firework firing site or the fallout area or any damage to persons or property situated within the firing area or fallout zone.
(f) The Customer must inform the Company immediately, in writing, upon becoming insolvent.
(g) Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
(h) The Customer is not an agent of the Company and has no authority to make any contract on the Company's behalf or in the Company's name.
(a) The Company shall have the right to determine the method of delivery of the goods, unless otherwise agreed. The cost of such delivery, plus packaging costs, will be charged to the Customer.
(b) The Company may decline to deliver goods or provide services if it believes that it would be unsafe, unlawful or unreasonably difficult to do so.
(c) If due to adverse weather, safety or crowd conditions or other similar difficulties the service cannot, in the reasonable opinion of the Company or the Company's representative, be safely performed or continue, the Company shall have the absolute right in consultation with the Customer to suspend, cancel, stop or curtail the service.
6. RETURN OF GOODS
(a) The Company will only accept the return of goods if:
i. Prior arrangement is made and confirmed in writing if required;
ii. Goods are in their original condition;
iii. Payment of an agreed handling charge is made (unless goods were defective when delivered).
(b) If goods are returned for credit without any prior agreement in writing with the Company, the Company does not accept any responsibility for any damage caused to the goods or loss suffered whilst the goods are in the possession of the Company.
(a) Orders for goods and/or services may be cancelled by the Customer only with the Company's written agreement and the Company retains the right to charge a cancellation fee.
(b) Orders may be suspended or cancelled by the Company if:
i.The Customer fails to pay any money owing by the due date;
ii.The Customer becomes insolvent.
iii. The Customer fails to make the necessary safety arrangements.
iv. Weather conditions adversely affect the ability of the company to operate safely.
8. CARE OF HIRE GOODS
(a) The Customer shall not interfere with the Hire Goods, their working mechanisms or any other parts of them and take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer and must notify the Company immediately after any breakdown, loss and/or damage to the Hire Goods.
(b) The Customer must take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks.
(c) The Customer must notify the Company of any change of its address and upon the Company's request provide details of the location of the Hire Goods and allow the Company at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated.
(d) The Customer must not continue to use Hire Goods where they have been damaged and must notify the Company immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person.
(e) The Hire Goods must be returned by the Customer in good working order and condition and in a clean condition.
(f) The Customer shall be responsible for all expenses, loss (including loss of rental) and/or damage suffered by the Company arising from any breakdown of the Hire Goods due to the Customer's negligence, misdirection and/or misuse of the Hire Goods.
(g) The Customer must not repair or attempt to repair the Hire Goods unless authorized to do so in writing by the Company.
(h) If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear the Customer shall be liable to pay the Company for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire.
(i) The Customer will pay to the Company the replacement cost on a new for old basis of Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Company under any insurance policy taken out in accordance with these conditions.
(a) We warrant that the Goods comply with their description on our acknowledgement of order or invoice and that they are free from material defect at the time of delivery.
(b) We give no other warranty, and exclude any warranty, term or condition that would otherwise be implied, as to the quality of the goods or their fitness for any purpose.
(c) If you believe that goods delivered by the Company are damaged or defective in material or workmanship, you must inform us in writing and allow us to investigate (see Clause 4b).
(d) If, following investigation, goods are found to be defective in material or workmanship, and above conditions have been complied with, the Company will replace the goods or refund the price (at the Company's option).
(e) We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or supply of goods or their use, even if we are negligent.
(f) Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
10. FORCE MAJEURE
(a) If we are unable to supply the goods or provide a service due to circumstances beyond our control, we may cancel or suspend the contract without liability.
(b) The Company will give the Customer written notice within seven days of the occurrence of the delaying cause.
(c) Examples of those circumstances include Act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
11. CONSEQUENTIAL LOSS
The Company is not liable for consequential loss if:
i. It fails to deliver goods or provide services by an agreed date;
ii. The goods fail to perform;
iii. The service is not up to standard.
12. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
(a) If goods or services incorporate ideas protected by copyright, patent, trade mark or registered design, the material will remain proprietary to the Company, the copyright remains with the Company and unauthorized reproduction is prohibited.
(b) The Customer will not take any action to remove or alter any intellectual property marks or notices on the goods.
(a) This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
(b) The Customer is responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties due.