Terms & Conditions - Varico LTD
Generally 2 - 7 Working Days from the point of order, however some larger items and corrugated roofing sheets may take up to 14 working days to be delivered. If goods have not been received in this time, please contact us for further information.
Please remember, upon receipt of your order you must check the goods BEFORE signing the delivery note. If there is any sign of damages you must sign the delivery note and mark as DAMAGED. You are paying for a delivery service that is insured but you cannot make a claim for a replacement or refund if you have not stated on the delivery note that the goods are DAMAGED.
You will not be covered for damages if you sign as Unchecked.
Also, please check the quantity of items is correct and as stated on the delivery note, if not please mark the delivery note accordingly making specific reference to which item(s) are missing. If goods are signed for as complete and missing items reported later you are not covered to make a claim for the missing item(s).
Please do not book your tradesmen until your materials are on site as deliveries can go wrong from time to time and Varico Ltd are not liable for any consequential losses arising from goods being delivered late or damaged in any way.
There are additional delivery charges to some remote locations within the UK.
We send most products wrapped in protective packaging to avoid damage during transit. When the delivery has arrived you will need to remove the outer packaging. DO NOT store plastic products in the outer packaging or inner bags in direct sunlight. This will avoid damage being caused to the products due to over heating. Products damaged due to improper storage will not be accepted as ‘damaged’.
Our Standard Terms and Conditions apply to Varico Ltd ("the Company") whose principal place of business is Unit 2, Lion Industrial Park, Northgate Way, Aldridge, Walsall West Midlands, WS9 8RL and whose registered office is Tangletrees, Unit 2 Lion Industrial Park, Northgate Way, Aldridge, West Midlands, WS9 8RL. The Company is a supplier of building materials and roofing systems, primarily, but not exclusively, for use in the construction of conservatories. All products supplied by the Company are referred to as "the goods".
1. ACCURACY OF DESCRIPTION OF GOODS AND RESPONSIBILITY FOR STATEMENTS
a) Subject to where the goods are stated to be sold as complying with a recognised trade or industry standard all descriptions, specifications, drawings and particulars of weights and dimensions submitted by the Company or otherwise contained in the Company’s catalogues, brochures, price lists, quotations and other published matter are approximate only.
b) All, if any, statements, recommendations and advice given (whether before or after the contract) by the Company’s servants or agents to the Purchaser or its servants or agents as to any matter relating to the goods, are given expressly without liability on the part of the Company unless given in writing by an authorised officer of the Company in response to a specific written request from the Purchaser for advice before or at the time the contract is made. The Purchaser is responsible for all measurements drawings and specifications, whether provided by the Purchaser or produced by the Company from information supplied by the Purchaser. c) All images shown for products are as a guide only, actually product supplied may vary to that of images shown
a) Unless otherwise stated in writing, payment of the price of the goods will be due at the time of order.
b) Time of payment is of the essence.
c) Without prejudice to any of the rights of the Company hereunder, if the Purchaser shall fail to give all instructions reasonably required by the Company and all necessary documents, licences, consents and authorities for forwarding the goods, or should otherwise cause or request delay, the Purchaser shall pay to the Company all costs and expenses, including any storage charges incurred or arising from such delay.
d) Where a Purchaser has ordered goods and the Company has incurred costs in relation to the order, the Purchaser is not permitted to cancel or alter the order and is liable to pay in full for the goods so ordered.
e) The purchaser shall not be entitled to make any deduction from the price of the goods in respect of any set-off or counterclaim unless both the validity and the amount thereof have been expressly admitted by the Company in writing.
f) The Company shall be entitled to charge interest at the rate of 2.5% per month in respect of any overdue balance.
3. OFFER AND ACCEPTANCE
a) A quotation does not constitute an offer to supply. All contracts are entered into by the Company on the understanding that these conditions shall apply thereto.
b) The placing of an order shall be deemed to be subject to these standard terms and conditions which shall apply to the exclusion of any other provisions contained in any document issued by the Purchaser and, in particular, but without prejudice to the generality of the foregoing, contained in any order sent by the Purchaser.
c) No modification or amendment of these standard terms and conditions shall be binding upon the Company unless otherwise stipulated herein or agreed to in writing by an authorised officer of the Company.
4. PROPERTY AND RISK
a) Legal and beneficial ownership of the goods shall remain in the Company until full payment for the goods has been made as well as any other sums due to the Company under any contract made with the purchaser hereafter or until the property is vested in some other person by the operation of statute. Until ownership passes the Purchaser must keep the goods free from any charge, lien or any other encumbrance and must ensure that the goods are covered under a comprehensive insurance policy.
b) If, while subject to the Company’s beneficial ownership the goods or any of them:-
i. shall be so affixed to other goods (the “principal goods”) that they cannot be removed without causing material change to the principal goods, or
ii. are intermingled with other goods in such a way that although both types of goods retain their individual characteristics (if any) it is no longer possible to distinguish between them, or
iii. are mixed, processed or converted into other goods so that they lose their separate identity and either become part of entirely new goods or are used in the production of such entirely new goods
then the Purchaser such goods as result from any combination or usage of the goods covered by i. ii. iii. above (the “mixed goods”) on trust for the Company as security for the payment in full for the goods.
c) The Purchaser (acting on its own account and not as agent for the Company) may sell or agree to sell any of the goods or the mixed goods in his possession in the routine course of trading and on normal trade terms notwithstanding that title has not then passed to the Purchaser, provided the Company has not requested their return.
d) Where the Purchaser resells the goods or any of the mixed goods before full payment for the goods has been made, the Company’s beneficial title shall attach to the proceeds of the sale (which expression in this clause includes any right to or claim for such proceeds) and the proceeds of sale shall be charged to the Company as security for the payment in full for the goods as well as any other sums due to the Company under any other contract made with the Purchaser hereafter.
e) The Company may at any time and from time to time until title has passed in the goods require them to be returned to the Company and if this requirement is not immediately complied with may take possession of the goods and may enter any premises of the Purchaser for such purpose and may sever the goods from anything they are attached to without being responsible for any damage caused. Such return or re-taking of possession shall be without prejudice to the obligation of the Purchaser to purchase the goods. If the specific goods cannot be identified the Company’s appointed representatives may remove other goods from the Purchasers premises up to the invoice value of the unpaid goods.
f) The Company may maintain an action for the price of the goods sold notwithstanding the property in them may not have passed to the Purchaser.
g) Unless otherwise stated in writing, the goods shall be at the Purchasers risk from the time at which delivery is deemed to take place under Condition 5 hereof. Any property of the Purchaser which is situated at the Company’s premises shall be at the purchaser’s risk including materials owned by the Purchaser which the Company is cutting, drilling, shaping or fabricating on the instructions of the Purchaser.
a) Any time or date stated for delivery is given and intended as an estimate only and shall not be of the essence.
b) Unless otherwise stated in writing delivery shall be deemed to take place upon the occurrence of the first in time of the following:
i. the physical delivery of the goods to the Purchaser at the Company’s premises, wherever situated, or
ii. the physical delivery of the goods to the Purchaser’s carrier (or his agent) for the purpose of transmission to the purchaser or his nominee, or
iii. the physical delivery of the goods to a good hard road nearest or the Purchasers place of business or such other place as the Purchaser may direct by the Company’s carrier, the Purchaser being responsible for unloading. The Purchaser is responsible for ensuring that adequate access is available to any premises designated by him as the place of delivery. Lack of adequate access may result in the goods not being unloaded and an additional delivery charge made to cover costs incurred by the Company.
Signature of any delivery note by any agent, employee or representative of the Purchaser shall be conclusive proof of delivery.
c) Where the contract includes delivery by the Company’s carrier or agent
i. Any claims for non-delivery must be made in writing to the Company within five days of the date of the delivery note, invoice or advice note (whichever is the earlier).
ii. Any claims in respect of goods damaged in transit or shortages in delivery must be made to the Company within three days of delivery. Shortages in delivery shall not give rise to a right to reject the goods delivered.
iii. The Company shall be entitled to make partial deliveries or deliveries by installments. Each installment shall be a separate agreement to which all the provisions of these conditions shall apply.
iv. In the event in any delay in delivery the Company shall not be under any liability whatsoever to the Purchaser. The expression “liability whatsoever” in these Conditions shall mean all liability of any kind including, without prejudice to the generality of the foregoing liability in contract, for negligence or under statute.
The Company reserves the right to change prices, without notice. Prices applicable will be those ruling at the time of delivery or those relating to current valid quotations which have been issued in writing. Quotations are valid for 28 days only. All prices charged will include value added tax at the rate ruling from time to time. Delivery charges may added.
7. GUARANTEE AND LIABILITY
a) The Company guarantees all goods which have been manufactured by the Company against any defect of work or materials which can be proven to the Company’s satisfaction to have been caused before delivery, provided that full details of any such defects are notified to the Company within fifteen working days of the defect first appearing and that, where practically possible, the goods are returned to the Company. The Company gives no guarantee in respect of goods which are not of the Company’s manufacture but shall pass on to the purchaser the benefit of any guarantee obtained from the manufacturer or supplier thereof ( but so that nothing shall require the Company to commence litigation proceedings against such manufacturer or supplier or to incur any material expense in respect of any such claim by the Purchaser). In respect of roofing products it is the Purchasers responsibility to ensure that any integral items which require to be sealed to prevent the passage of water shall be sealed with an appropriate approved sealant.
b) The guarantee shall be for a period of twelve months from the date of delivery and the liability of the Company shall be limited at its option to either supplying replacement goods which will be supplied subject to these standard terms and conditions or refunding a proportionate part of the price of the goods save in respect of liability for death or personal injury resulting from any negligence under any contract where such liability cannot be excluded or restricted and the Purchaser must rely on its own skill and judgement in relation to the goods, and the Company shall be under no liability whatsoever to the Purchaser for or arising out of any defect in, failure of, or unsuitability for any purpose of the goods or any part thereof whether the same be due to any omission , negligence or willful default of the design, workmanship or materials or to any other cause whatsoever, and all conditions, warranties or other terms whether express or implied, statutory or otherwise inconsistent with provisions of the Condition are hereby expressly excluded.
8. INFRINGEMENT OF RIGHTS
a) The Purchaser shall indemnify the Company against loss, damage, costs and expenses suffered by the Company or to which the Company may become liable as a result of any work done in accordance with the Purchasers specifications which involves infringement of a patent, registered design or other right in industrial property.
b) If the Purchaser uses or sells the goods in such a manner as to infringe any such rights the Company shall not be responsible for such infringement and the Purchaser agrees to indemnify the Company from and against all liability therefrom
The Purchaser shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply for the benefit thereof to any other person whatsoever without the Company’s prior written consent.
10. PROPER LAW
All contracts made between the Company and the Purchaser shall be governed by English Law.
Any goods supplied by Varico Ltd, which are either suffering material defect, or not in accordance with the order, we will replace or refund at our discretion with no extra costs.
Varico Ltd operate a full and fair returns policy in accordance with the distance selling of goods act. Your rights to return goods are protected under the EU Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
Under the Consumer Protection (Distance Selling) Regulations 2000 any unused product purchased through our website can be returned within 7 days from the date of receipt for a 100% refund, if unused, in its original saleable condition and in the original packaging. The exception is for goods that have been custom-made to order, in which case we are unable to accept returns. All Evolution Canopies, cut to size polycarbonate sheet and special order / keyed alike euro cylinders are made to order and therefore are non returnable unless faulty or damaged. It is the purchasers responsibility to pay the cost of returning the goods to us via the same method as originally dispatched. Customers are solely responsible for the safe return of goods undamaged.
If the goods are signed for in good condition on delivery and you later discover they are damaged, it is impossible for us to claim for any damages so we are unable to process any refunds. YOU MUST EITHER:
1. NOT ACCEPT THE GOODS AT THE TIME OF DELIVERY. THEY WILL BE RETURNED TO US. A FULL REPLACEMENT OR REFUND WILL BE PROCESSED AFTER THE GOODS ARE RETURNED & INSPECTED.
2. SIGN YOUR NAME AND CLEARLY WRITE THE WORDS - 'GOODS RECEIVED DAMAGED' ON THE DELIVERY NOTE, IT WILL THEN BE POSSIBLE FOR US TO MAKE A CLAIM FOR ANY DAMAGES FROM THE CARRIER.
3. Shortages and damaged items MUST be notified to us within 3 working days.
We will carry out an inspection of all returned goods to check for signs of use (scratches etc) that would prevent us from reselling the equipment as new. If the goods are in a saleable condition, a 100% refund will be issued. If payment has been received in advance we guarantee to refund your money within 30 days of receipt of the returned goods.
If the goods supplied are faulty, it is covered by the manufacturers guarantees. In the unlikely event of any goods developing a fault within the guarantee period, you must contact us within 5 working days for a site visit to inspect the goods, or if the goods have not been used to be returned to us. “Faults” are defined as manufacturing defects, not those that may be caused by incorrect installation, abuse or fair wear and tear of the equipment. These guarantees are in addition to consumers statutory rights.
For cancellations you must e-mail or telephone as soon as possible. Stock items can easily be cancelled but made to order items such as polycarbonate can only be cancelled if they have not already been processed. If it has been processed a cutting charge may be applied.