PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
of the Contract
1.1 These terms of sale apply to all goods supplied
by UK Central Surplus Limited, whose registered office is at Epicentre House, Snibston Drive, Oaks Industrial Estate, Coalville, Leicestershire, LE67 3NQ, registered in England, No: 5759446 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of
any goods until the Supplier has received and accepted your order and
the Supplier has received payment in full (in cleared funds). Once the
Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be
sent to you via e-mail when you place your order, but acceptance of
your offer to buy the goods will not take place until after your payment
is taken and you receive your acceptance e-mail. It is at this point
that a binding legal contract is created and any contract is subject
to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you
in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order
will be as shown on the Supplierīs website or external auction site,
at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order
the goods you have ordered are not available in stock, the Supplier
will inform you as soon as possible and refund or re-credit you for
any sum that has been paid by you or debited from your credit card for
2.3 Every effort is made to ensure that prices shown on the Supplierīs
website, or external auction sites, are accurate at the time you place
your order. If an error is found, the Supplier will inform you as soon
as possible and offer you the option of reconfirming your order at the
correct price, or cancelling your order. If the Supplier does not receive
an order confirmation within 14 days of informing you of the error,
the order will be cancelled automatically. If you cancel the order,
or if the order is cancelled automatically due to the expiry of the
14 day period, the Supplier will refund or re-credit you for any sum
that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery
charge for the goods.
3.1 Payment for the goods and delivery charges can
be made by any method shown on the Supplierīs website at the time you
place your order. Payment shall be due before the delivery date and
time for payment shall be a fundamental term of this agreement, breach
of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless
you have a valid court order requiring an amount equal to such deduction
to be paid by the Supplier to you.
4.1 The goods you order will be delivered to the
address you give when you place your order, except that some deliveries
are not made outside the United Kingdom. In the case of payment via
PayPal it will be assumed that delivery is to your registered PayPal
address unless you certify otherwise.
4.2 Orders placed before 12 noon on a working day will normally be processed
within 48 hours and will be delivered as per the requested delivery
option provided no additional security checks are required and all stock
items are available. (A working day is any day other than weekends and
bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the
Supplierīs control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise
than by reason of circumstances under control of the Supplier) then
without prejudice to any other right or remedy available to the Supplier
, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after
deducting all reasonable storage and selling expenses) account to you
for any excess over the price you agreed to pay for the goods or charge
you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract
under the Distance Selling Regulations the Supplier shall refund or
re-credit you within 30 days for any sum that has been paid by you or
debited from your credit card for the goods. On exercising your right
to cancel you shall be required to return the goods to the Supplier.
Should you fail to return the goods, the Supplier reserves the right
to deduct any direct costs incurred by the Supplier in retrieving the
goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible
after your order has been accepted. However, the Supplier will not be
liable for any loss or damage suffered by you through reasonable or
unavoidable delay in delivery. In this case, the Supplier will inform
you as soon as possible.
4.7 Upon receipt of your order you may be asked to sign for the goods
received in good condition. If the package does not appear to be in
good condition then please refuse the delivery. If you are unable to
check the contents of your delivery at the point of delivery then please
sign for the parcel as "UNCHECKED". Failure to do so may affect
any warranty claims that you make thereafter.
5.1 The goods are at your risk from the time of
5.2 Ownership of the goods shall not pass to you until the Supplier
has received in full (in cash or cleared funds) all sums due to it in
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from
you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods
even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership
of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that they
remain readily identifiable as the Supplierīs property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging
on or relating to the goods; maintain the goods in satisfactory condition
and keep them insured on the Supplierīs behalf for their full price
against all risks to the reasonable satisfaction of the Supplier. On
request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money, nor
pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods
shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement
or composition with your creditors, or otherwise take the benefit of
any statutory provision for the time being in force for the relief of
insolvent debtors, or (being a body corporate) convene a meeting of
creditors (whether formal or informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent voluntary liquidation for
the purpose only of reconstruction or amalgamation, or have a receiver
and/or manager, administrator or administrative receiver appointed of
its undertaking or any part thereof, or a resolution is passed or a
petition presented to any court for your winding up or for the grant-ing
of an administration order in respect of you, or any proceedings are
commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable,
to be levied on your property or obtained against you or you are unable
to pay your debts within the meaning of section 123 of the Insolvency
Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at
any time up to the end of 7 working days after you receive the goods
7.2 To exercise your right of cancellation, you must give written notice
to the Supplier by hand, or post, giving details of the goods ordered
and (where appropriate) their delivery. Notification by phone is not
7.3 Except in the case of faulty or mis-described goods, if you exercise
your right of cancellation after the goods have been delivered to you,
you will be responsible for returning the goods to the Supplier at your
own cost. The goods must be returned to the address shown within the
Returns on Line section of the website. You must take reasonable care
to ensure the goods are not damaged in the meantime or in transit. In
the case of faulty or mis-described goods we shall, after receiving
notification in accordance with clause 8.3 or 8.4, either collect the
goods from you or ask you to return the goods yourself and possibly
refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the
contract, the Supplier will refund or re-credit you within 30 days for
any sum that has been paid by you or debited from your credit card for
7.5 Except in the case of faulty or mis-described goods, if you do not
return the goods as required, the Supplier may charge you a sum not
exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is
for computer software or electronic items which have been unsealed by
you, or for consumable goods which, by their nature, cannot be returned,
save where a fault is discovered which could not have been discovered
otherwise than by unsealing the goods.
7.7 The 7 day right of cancellation does not apply to goods bought as
used e.g. refurbished, opened box returns save where an item is found
to be faulty. In the case where an item is faulty, normal warranty terms
8.1 All goods supplied by the Supplier as "new"
are warranted free from defects for 12 months from the date of supply
(unless otherwise stated). This warranty does not affect your statutory
rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising
from fair wear and tear, wilful damage, accident, negligence by you
or any third party, use otherwise than as recommended by the Supplier,
failure to follow the Supplierīs instructions, or any alteration or
repair carried out without the Supplierīs approval.
8.3 If the goods supplied to you are damaged on delivery, you should
notify the Supplier in writing within 14 days.
8.4 If the goods supplied to you develop a defect while under warranty
or you have any other complaint about the goods, you should notify the
Supplier in writing by hard copy or email, as soon as possible, but
in any event within 14 days of the date you discovered or ought to have
discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer
the Supplier shall not be liable to you for any loss or damage in circumstances
9.1.1 there is no breach of a legal duty owed to you by the Supplier
or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of
any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of
any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of
the Supplier for death or personal injury caused by the Supplierīs negligence
or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable
to you for any indirect or consequential loss or damage (whether for
loss of profit, loss of business, depletion of goodwill or otherwise),
costs, expenses or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions
to keep the details of your order and payment secure but unless the
Supplier is negligent, the Supplier will not be liable for unauthorised
access to information supplied by you.
Product images are for illustrative purposes only
and may differ from the actual product.