Terms of Business
Gordon Equipments Limited, trading as Durite (“Company”, “we”, “us”, “our”), is a company incorporated in England and Wales under company number 373113 with its registered office at Durite Works, Valley Road, Dovercourt, Essex CO12 4RX.
All orders are accepted and goods supplied only on the basis of our standard conditions of sale printed hereunder. No employee or agent of this Company has authority to accept orders on any other basis. By placing an order with us, whether or not by reference to our catalogue, a customer (“Customer”) (a) offers to buy our products on the terms of business set out hereunder and (b) waives any conditions or stipulations in, or made at the time of, the order (or in its own standard documentation) which imposes or seeks to impose its own conditions or terms of purchase insofar as these are at variance with these standard sales conditions, whatever the Customer's intention may be. These standard conditions of sale are exhaustive and no other terms shall be implied or introduced herein unless in writing signed by the party against whom they are to be enforced.
The Company reserves the right to accept or refuse orders and also to cancel or suspend delivery of any uncompleted order. The Company may accept the whole or part of an order. The Customer’s order, or any part of it, shall only be deemed to be accepted when the Company issues a written acceptance confirming the details of the order, or any part of it, usually sent at the time of dispatch, at which point a binding contract shall come into existence. All orders or part orders which remain unaccepted or unfulfilled for any reason after ninety days from the order date will automatically be cancelled. The Customer is responsible for ensuring that the contents of the Customer’s order are complete and accurate and the Company shall have no liability for any errors contained in the Customer’s order.
All descriptive specifications, drawings and particulars of performance and dimensions are approximate only. The descriptions, drawings and photographs contained in the Company's catalogue, price lists and other advertising matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract. The Company reserves the right to modify without notice the designs and specifications for and the materials used in its products. Prepacked goods are only supplied in the quantities listed per pack, card or box. Cancellation of orders cannot be accepted if the work has already begun, or if the goods have already been dispatched.
Part Numbers and Packs
Our part number refers to the complete pack as offered and not to a single unit. If part numbers and descriptions conflict on an order we take the part number as correct.
Ordering by Telephone
We regret that under no circumstances can we accept any responsibility whatever for errors arising from orders placed by telephone unless such errors are notified to the Company within 3 (three) days of delivery of the relevant order or, in the case of shortages or non-delivery, in accordance with the timeframes specified in the “Non-Delivery” section below.
All prices included in the Company's quotations are provisional and are subject to alteration upwards or downward without notice according to the Company's price or prices ruling at the date of invoice. Prices are exclusive of V.A.T. unless expressly stated to be V.A.T. inclusive.
Maximum credit allowed is 60 (sixty) days from invoice date. We reserve the right to suspend delivery of any order if the Customer’s account is overdue.
Returns and Handling Charges
Goods correctly dispatched against a Customer's order may not be returned without the consent of the Company. The Company reserves the right not to accept goods returned for credit. However, if goods returned are accepted for credit, a 10% handling charge will be made. Goods returned to us for any reason must be sent carriage paid.
Packing and Dispatch
Details of delivery charges are as shown in our current price list. Delivery to more than one address can only be made as separate orders and delivery charges will be made on each order if values are less than our carriage paid minimum. If we are required to dispatch part of an order separately from the rest of the order, then that part will be treated as a separate order and a delivery charge will be made.
Any time quoted for dispatch is to date from receipt by the Company of a written or telephone order to proceed and of all necessary information to enable it to put the work in hand. The Company will use its reasonable endeavours to dispatch on the date given but will accept no liability for failure to do so for whatever reason. The time for delivery shall not be of the essence. Delivery shall be completed on the goods’ arrival at the delivery location set out in the order or such other location as the parties may have agreed in writing. The Company may deliver the goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract.
Damage in Transit
The Company will (at its option) repair or replace free of charge, goods damaged in transit, provided that the Company and the Carriers receive the requisite written notification of such damage within three days of receipt of the goods. Unless such notification is received by the Company and the Carriers within that period the Carriers and the Company shall be under no liability for damage in transit. The Customer is advised in his own interest to inspect the goods immediately on arrival. The packaging and contents should be retained and provided to the Company or the Carriers (at the Company's option) for inspection.
In the case of non-delivery, notice in writing must be received by the Company within 21 (twenty one) days of invoice date. In the case of claims for shortages, all claims must be received in writing by the Company within three days of receipt of the goods. No claim can be entertained unless these conditions, which basically are the Carriers' conditions, are observed.
Customer's use of the Durite Brand
The Company is the registered proprietor of the registered UK trade mark in respect of the word mark ‘Durite’ (No. UK00000815937) registered in Nice Classes 6, 8 and 9 and 17 on 20 January 1961 and of the registered Community trade mark in respect of the word mark ‘DURITE’ (No. EU012731022) registered in Nice Classes 9, 11 and 12 on 26 March 2014 (“Trade Marks”). The Customer acknowledges and agrees that it does not have any right, title or interest in the intellectual property rights in the ‘Durite’ brand, including the trading name ‘Durite’ and all related marks and logos including the Trade Marks (“Brand”). All intellectual property rights in the Brand and in any goodwill in respect of the use of the Brand is and shall remain the exclusive property of the Company. The Customer shall not use the Trade Marks as, or as part of, its own trading name, and shall not register, or permit to be registered on its behalf or otherwise, any domain name incorporating the Trade Marks. The Customer shall make it clear to its customers in its catalogues, price lists, marketing and other sales materials and on its website that it supplies the Company’s products in its capacity as a ‘Durite Stockist’.
Intellectual Property in the Goods
In the event of any claim being made or action being brought against the Customer in respect of the infringement of a third party’s intellectual property rights by the manufacture or sale of goods supplied to the Customer by the Company, the Customer shall make no admissions in respect thereof but shall notify the Company immediately, and the Company shall be at liberty with the Customer's assistance if required, but at the Company's expense, to conduct all negotiations for the settlement of the same or any litigation that may arise therefrom, subject to such notification and providing that no such goods, or any part thereof shall be used for any purpose other than that for which they were supplied to the Customer, the Company will indemnify the Customer in respect of such claims.
The Company warrants that on delivery, and for a period of 12 (twelve) months from the date of delivery (or such longer period as stated by the Company in connection with specific goods), the goods shall be free from any material defect in workmanship and materials and shall correspond with any agreed specification but the Company’s liabilities under this warranty shall be limited to (at its option) repairing or replacing any defective goods or, if the Company considers that a repair or replacement is not practicable, refunding such goods. The Company’s liability under this warranty is also conditional upon:
a) Written notice of the defect being given to the Company within 14 (fourteen) days after discovery of the same; and
b) The goods having been properly stored and used by the Customer prior to the defect occurring; and
c) The goods not having been subjected to any abnormal or improper use or modification; and
d) The goods having been returned at the Company's request but at the Customer’s expense for inspection. Please
note, if a product returned under warranty has failed in use we may repair and return the product.
Limitation of Liability
(i) Nothing in these Conditions shall limit or exclude the Company’s liability for: death or personal injury caused by its
negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent
misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; defective products
under the Consumer Protection Act 1987; or any matter in respect of which it would be unlawful for the Company
to exclude or restrict liability.
(ii) Subject to paragraph (i) above:
a) The Company shall not in any way be liable or responsible for any indirect or consequential loss, damage, claim
or liability of any kind whatsoever and howsoever arising under or in connection with a contract or in respect of
products supplied by the Company, whether in contract, tort (including negligence), breach of statutory duty, or
b) The Customer agrees that the Company’s total liability to the Customer in respect of any other loss, damage,
claim or liability arising under or in connection with a contract, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, shall in no circumstances ever exceed twice the original invoice value of
the goods in respect of which the loss, damage, claim or liability arises.
(iii) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law,
excluded from the Contract.
This Contract shall in all respects be construed and operate as an English Contract and in conformity with English Law and the parties submit to the jurisdiction of the Courts of England and Wales.
Goods shall be entirely at the Purchaser's risk as from date of delivery to the address stated in the delivery instructions.
Passing of Title
The property in goods supplied by us shall not pass unless and until all monies due to us including the price of the goods in question shall have been actually paid to us.
Contracts (Rights of Third Parties) Act 1999
Unless expressly agreed between the Company and the Customer, nothing in these Terms of Business shall be enforceable by any person who is not party to them.