1 GENERAL & DEFINITIONS
These Terms are the only Terms on which Dynamic Chemicals, or dynamic-chemicals.co.uk ,”the company”, contracts to the customer.
“Goods”, means all chemicals, preparations, janitorial equipment, goods or other products to be sold by the company to the customer whether or not supplied in conjunction with work to be done by the company.
The customer will be deemed to have accepted these Terms of Business if he gives instructions by any means for work to be carried out or goods supplied. Janitor World is a trading name of Dynamic Chemicals.
2 CONTRACT FORMATION
2a The terms and conditions are written in plain English do not affect your statutory rights and are governed by Scottish law.
2b Order by telephone, fax, email, verbal or on company order: The contract is formed on acceptance of these instructions and is concluded when we despatch the goods to you, unless the product is a non-stock item being ordered in or manufactured to your specification, where the contract is concluded at point of order.
2c Order by Online shop: The contract is formed in three stages: Our display is an offer, your order is an acceptance and the contract is concluded when you receive our automatic electronic acknowledgement of your acceptance. You are deemed to receive our acknowledgement when you are able to access it.
2d Distributors: The contract is concluded when order is placed. Any non-stock items, custom made, or own-labelled products are neither cancellable nor returnable. Goods are supplied ex-factory and therefore your agent collecting goods, signs on your behalf that the goods are in good condition. It is the responsibility of the distributor to arrange insurance for the goods in transit. Inspection of all the goods should be made within 7 days of receipt of goods and any query raised with the company in writing within this period. Returns without valid reason are not accepted after this period and it is deemed that the distributor has accepted goods. At the discretion of the company, if it offers to accept the return of any goods, the distributor requires prior written agreement before returning goods, and a booking in time at the company’s warehouse. The terms of the credit for returned goods will be agreed with the distributor before the company will accept returned goods. Chemicals will require to be analysed and in almost all cases re-packaged. The company has the final decision on any re-work of returned goods from distributors.
2e Export Distributors: The contract is concluded when order is placed. Any non-stock items, custom made, or own-labelled products are neither cancellable nor returnable. Goods are supplied ex-factory and therefore your agent collecting goods, signs on your behalf that the goods are in good condition. It is the responsibility of the distributor to arrange insurance for the goods in transit. The company will supply all DGN any Trem cards required for transport in all languages required under applicable transport regulations.
Customs: Products exported to any EU country are supplied VAT free on submission of a Bona Fide EU Vat No. Exports to some Duty Free or non-EU countries may be liable to customs duty. It is the customers’ responsibility for any duty or tax levied, and should therefore consult the customs office in your country for detailed information before placing an order.
2f Distributors/ Export Distributors/ Franchisee:The company operates individual contracts with an individual, firm, partnership or company. The terms of such are exclusively, and limited to any written agreement which is reviewed and renewed every year on acceptance of agreed budgets, within 30 days of Dynamic Chemicals fiscal year end, March 31st.
Any variations agreed between the company and the customer for work to be carried out or goods to be supplied shall be deemed to be an amendment to this contract and shall not constitute a new contract.
4 STATUTORY RIGHTS
Nothing in this contract affects your statutory rights under the Supply of Goods and Services Act 1982 (as amended) or any other subsequent legislation.
5 WARRANTY OF GOODS, REFUND & GUARANTEE
We warrant that the goods:
5a: Are of satisfactory quality. Any damaged or faulty goods should be reported immediately to the company or in any event within 10 days of receiving goods.
5b: Are fit for normal use for the purpose they are designed for.
5c: Comply materially with the written description given.
5d: Are either safe for normal use, or where a chemical is classed as hazardous a legal MSDS (Material Safety Data Sheet) is supplied with goods to enable customer to make a Risk Assessment.
5e: If you are not completely satisfied with your purchase for whatever reason the product may be returned within 7 days for a full refund or account credit of the value of the goods, except special order goods or made to order products. The goods must be returned in “as new” condition. You are responsible for return delivery charges. They should be securely packed, preferably in their original packaging, and returned carriage paid by recorded delivery or by courier as appropriate. Damaged or used goods will be charged in full.
5f: Faulty goods may be returned up to 21 days after receipt for a full refund, repair or replacement. Thereafter manufacturers warranty, for repair or replacement, on individual items will be applied. You will be responsible for the cost of return of goods to our warehouse if required.
5g: Items returned for any other reason will incur a 15% restocking fee credited to the customer account or refunded net of any carriage charge. You will be responsible for the cost of return of goods to our warehouse if required.
6 DELIVERY/ TIME
6a: The company intends to deliver the goods within 7 working days from receiving your order, or in any event within 28 days. If a particular delivery date or period is critical, you must put this in writing before or while placing order. We will do our best to meet any deadline but cannot guarantee this, or be held responsible for any consequential loss. Notification of any query on delivery note must be made within a 28-day period. Some couriers only store hard copies for a maximum of 6 months, then stored electronically. Any query regarding a delivery after a period of 6 months will be deemed to have been accepted as goods received in total and in good condition.
6b: If the company is unable to meet customers written delivery criteria, or a 28 day delivery, we will inform you at the earliest opportunity. If this order is prepaid we will refund you immediately by the method you paid us.
6c: All offers are subject to availability. If we cannot supply your order, we will inform you at the earliest opportunity and give a full credit or refund, as is applicable.
6d: We will deliver by the most appropriate service available, or by your choice where applicable, if appropriate.
6e: We normally deliver by carrier on a next day delivery service, which is not guaranteed unless you choose to pay the guaranteed tariff. Depending on geographical location, carrier problems or other allied complication we will notify you immediately we are aware of any delay of delivery.
7a: The goods will be paid for before despatch from the companies warehouse.
7b: Payment by credit card will only be taken when the goods are ready for despatch.
7c: Credit accounts can be arranged with the company but are subject to a nett 30-day credit limit. The customer should supply a bank reference and two non-associated, current suppliers with whom they operate a credit account. If for any reason the company declines or withdraws a credit account it reserves the right to do so without explanation. Any breach of the company’s terms will put the account on stop or withdrawal of the facility. The company reserves the right to charge any additional costs to recover overdue accounts.
7d: The company will issue a monthly statement at the end of each calendar month. It is the responsibility of the customer to reconcile their purchase ledger or report any discrepancy to the company immediately to correct reconciliation, in order that the credit terms are met.
7e: Distributors with a credit account may forfeit discount for credit facilities. In any case a statement of the account will be sent monthly and must be cleared before the end of each calendar month.
7f: The company reserves the right to charge interest at a rate of 5% above the Bank of Scotland base rate on any outstanding balance, apportioned daily, from the day the debt becomes overdue.
8 RETENTION OF TITLE & RISK
8a: Goods are at the risk of the customer as soon as the company delivers them to the customer, unless they are sold ex-factory in which case, when they are collected.
8b: The property of the goods shall remain with the company until payment has been received in full in accordance with the terms on which the goods are supplied. If such payment is overdue in whole or in part the company may, without prejudice to any of its other rights, recover or re-sell the goods or any of them.
8c: The customers right to possession shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up.
8d: The company may for the purpose of recovery of the goods under Clauses 8b and 8c hereof enter upon the customers or any other premises where they are stored or where they are reasonably thought to be stored and repossess the same.
9 HEALTH & SAFETY, COSHH & ChiP
9a: Notice is hereby given that the company undertakes to provide clear instructions for use, cautionary notices and chemicals labelled to current EEC ChiP regulations. The company also supplies MSDS, Material Safety Data Sheets, which comply with Article 14 of Commission Directive 1999/45/EC and Directive 67/548/EEC (as amended).
9b: It is your responsibility to check that the information is received, placed on accessible file to those in contact, correct and complete, and maintained or updated over the life of the product. Information supplied on MSDS or product label is based on available knowledge at the time of publication. It is given in good faith, no warranty is implied with respect to the quality or specification of the product. The user must satisfy himself that the product is entirely suitable for his purpose.
9c: It is your responsibility to conduct a Risk Assessment on, and not limited to, storage, usage and exposures of the product, under COSHH, Control of Substances Hazardous to Health, Regulations.
9d: The company will supply at no extra charge a reasonable number of MSDS for dilutants, ready to use material, of its products to enable easier Risk Assessments to its customers.
9e: Distributors have responsibility for supplying COSHH information to their customers. The company will supply a master copy in the appropriate language/ languages. Should a distributor be aware that the information, on MSDS or product label supplied by the company is incorrect, or that legislation has been amended they should bring the matter to the attention of the company, pointing out the criteria of the amended information, and the company will verify and amend the available information as soon as possible.
9f: Export distributors outside the EEC will require to have any labelling, additional to EEC requirements, required in their country, printed and supplied to the company prior to despatch of order, unless agreed in writing that it is permissible for the company to ship goods without this information.
The customer shall indemnify the company against all damages, penalties, cost and expenses to which the company may become liable as a result of work carried out in accordance with the customer’s specification which involves the infringement of any letters patent or registered design.
All transactions with the company are contracted in and under jurisdiction of Scottish Law, bound by the Laws of Scotland.
These Terms and conditions are subject to change and it is therefore recommended that you consult them each time you place an order via whichever method.