Customer Service

 

DELIVERY 

 

Orders over £60 - Free Delivery

Orders below £60 - £4.95

Orders placed before 3.30pm, Monday to Friday, qualify for next day delivery.  

 

PAYMENT

 

We accept payments in GBP only. We will only debit your card when we have shipped your goods.

 

RETURNS

 

If you are unhappy with your order within 7 days of receipt you may cancel your order. Please call us on 023 8022 5568 to arrage a return. Where we are at fault, we will refund the cost of any returns. Please find full terms and conditions below.

 

GENERAL TERMS AND CONDITIONS OF SALE

 

1. PREAMBLE

In these conditions “the Seller” means Yau Brothers & Company Limited “the Buyer” means the person or company buying goods from the Seller “Goods” means the items forming the subject matter of the contract between the Seller and Buyer “Parties” means the Seller and Buyer “Orders” means the Buyers instructions to the Seller to sup- ply the goods. “Acceptance of Order” means the written acceptance by the Seller of the order “Contract” means the contract formed by the despatch of the Seller’s Acceptance of Order Form

 

2.CONTRACTS

1.1. Contracts are made and orders are accepted only upon and subject to these Conditions of Sale. All other conditions are hereby excluded unless ex- pressly accepted in writing by the Seller

1.2. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document or infor- mation issued by the Seller shall be subject to correction without any liability on the part of the Seller.

 

3. PRICES

1.1. Unless expressly stated otherwise in any quotation issued by the Seller to the Buyer, all prices quoted are ex works and exclude the cost of packaging. Any applicable value added tax or any other sales tax or excise duties paid or payable by the Seller shall be added to the price and shall be payable by the Buyer.

1.2. Firm price quotations are valid for a period of one week only from the date of quotation. The Seller may, at their absolute discretion, accept or reject any order placed by the Buyer.

1.3. In the event of the Buyer cancelling a part of the order in accordance with the provision of clause 13, the Seller reserve the right to revise the price or prices quoted for goods already delivered.

1.4. The Seller reserve the right to review the contract price(s) in the event of devaluation of the pound sterling or fluctuation in the rates of exchange.

 

4. CONDITIONS AND WARRANTIES

1.1. Where samples of goods are provided, these are submitted only as indica- tive of the class or size of goods quoted for and sales shall not be by reference to any such samples.

1.2. Whilst all descriptions and illustrations of goods in (inter alia) catalogues, brochures and price lists provided by the Seller have been carefully pre- pared, they are intended nevertheless for general guidance only and do not form part of any contract for sale of goods and no responsibility is accepted for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions and illustrations.

1.3. All conditions, warranties, terms and obligations, whether expressed or im- plied by statute, common law, custom or otherwise (including, without preju- dice to the generality of the foregoing, any warranty or condition as to the merchantable quality or fitness for any particular purpose of the goods) are excluded to the fullest effect permitted by law.

1.4. If the Buyer claims or detects a defect in the goods, the Buyer will either return those goods to the Seller or, if the goods are retained by the Buyer, indemnify and keep the Seller, indemnified against all liability and claims which arise out of or incidental to the defect.

 

5. DELIVERY BY THE SELLER

1.1. Any dates quoted for delivery of the goods are approximate only and Seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously and ex- pressly agreed by the Seller in writing.

1.2. Where goods are offered for delivery to a site, the Seller's obligation is to deliver as near to the site as safe hard roads permit.

1.3. The Seller reserve the right to deliver goods by instalments and in such event each instalment shall be treated as a separate contract save that the delivery of further instalments may be withheld until goods contained in earlier instalments have been paid for in full.

 

6. DELIVERY BY THE BUYER

Delivery of the goods shall be made by the Buyer collecting the goods at the Seller's premises at any time after the Seller have been notified the Buyer that the goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the goods to that place.

 

7. DAMAGE, LOSS, SHORT DELIVERY

1.1. On delivery, the Buyer shall examine the goods for defects and complete- ness. Any shortages must be notified to us within 48 hours. Thereafter no claims for shortage in delivery will be entertained. In the case of damage, a written claim in writing is given to the Carriers or to the Seller within three days of the receipt of the goods. In the case of loss of goods, a written notice must be submitted to the Seller and Carriers within 14 days of the date of the Seller's advice of despatch to the Buyer. In all cases a signature 'unexamined' shall be deemed to be an unconditional acceptance of the goods.

1.2. The Seller shall not in any circumstances be liable, whether in contract or tort, to the Buyer for any indirect or consequential loss or damage (including, without limitation, loss of profits, loss of contracts or damage to property) or for any claim against the Buyer by any third party and the guarantee given by the Seller hereunder shall not be transferable to any person.

1.3. The Seller's liability for damage or non-delivery of goods duly notified in accordance with the above shall in any event be limited to replacement of the goods within a reasonable time (or, at the Seller's option, refunding the price thereof) whether the damage or non-delivery is due to the Seller's negligence or otherwise.

 

8. CREDIT AGREEMENTS

1.1. Where the Seller have granted the buyer a credit facility, the price for the goods and/or service shall be paid by the buyer on or before the last day of the dates specified on the invoices. ('the due date') or, if the Seller shall so require under Section 8.2 of this document, to be paid on demand without any period of notice.

1.2. The Seller reserve the right to withdraw or vary credit facilities at any time by summary written notice to the Buyer without either giving any reason for doing so, or thereby incurring any liability to the Buyer.

1.3. If the Buyer takes goods from the Seller in excess of the Buyer's credit limit, the Seller may require payment on delivery for such excess of goods.

 

9. RETURNS

1.1. The Buyer must satisfy the Seller that any goods that are being returned have been supplied on a suitable invoice. Returns that are not defective must be in a marketable condition, the Buyer reserves the right to charge a restocking fee for damaged items.

1.2. The Buyer must make all notifications of returns in a timely manner to the Seller. The Seller has no obligation to issue credit notes for goods that have passed their expiry date whilst in the possession of the Buyer.

 

10. TERMS OF PAYMENT

1.1. Unless credit facilities have been granted to the Buyer or unless otherwise specifically provided in writing, the price for the goods shall be paid by the buyer in cash on delivery and in default the Seller shall be entitled to charge and recover interest from the Buyer on the price of the goods calculated at the rate of four percent per annum above the National Westminster Bank plc base rate from time to time from the due date until full payment.

1.2. The discounts allowable to the Buyer are those shown on the Seller's quota- tion only, and, unless otherwise expressly agreed in writing, no other dis- counts or commissions are to become due or allocable to the Buyer (any previous course of dealing between the parties notwithstanding).

1.3. The Seller reserves the right to levy a standard charge of £25 on repre- sented/returned cheques from it’s Bank.

 

11. LATE PAYMENT

In the event of legal action being taken by the Seller against the Buyer for breach of payment obligations hereunder, the buyer shall be responsible for all costs and disbursements incurred by the Seller on a full indemnity basis.

 

12. RISK AND LIABILITY

Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods. For the purpose of this Clause, 'delivery' shall mean the arrival of the goods at the place of delivery by the Seller, or the safe loading of the goods into the Buyer's vehicle at the Seller's premises where delivery is through collec- tion by the Buyer.

 

13. RETENTION OF TITLE

1.1. Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, the property in the goods shall not pass to the Buyer until the Seller have received in cash (or cleared funds) payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

1.2. Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Seller's fiduciary agent and bailee, and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property. Until that time the Buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored protected and insured.

1.3. Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.

1.4. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

 

14. CUSTOMER CANCELLATION OF ORDERS

Contracts and orders and parts thereof may be cancelled only by the Seller's written acceptance of such cancellation. Where the Seller accept such cancellation, the Seller reserve the right to charge the Buyer with the amount of any losses or expenses directly or indirectly resulting from such cancellation. Where the Seller do not accept cancellation, they, the Seller, reserve the right to recover the invoice price from the Buyer and to charge the Buyer with additional losses both direct and indirect resulting from such cancellation. In any case where the Seller were required to place a deposit with a manufacturer or supplier in respect of an order, the Seller may require the Buyer to reimburse such sum in the event of cancellation.

 

15. FORCE MAJEURE

The Seller shall not be liable for any consequences due to force majeure i.e. war, riots, strikes, lock outs, failure of supplies, fire, frost, accidents, breakdown of machinery, lack of freight, embargo, prohibition of export, political disturbances, or any other circumstances arising which are beyond the control of the Seller. In these circumstances the Seller reserves the right to cancel or suspend the whole or any part of the contract or at its option to extend the contract for a period of time equal to that during which the delivery is delayed.

 

16. INSOLVENCY, BANKRUPTCY

The Seller shall have the right to terminate the contract forthwith where the Buyer becomes insolvent or bankrupt or makes arrangements with its credi- tors or suffers a receiver to be appointed or being a body corporate enters into liquidation (other than in connection with a reconstruction or amalgama- tion) in any of which cases the Seller shall have no further obligation here- under and the price for all goods delivered and work done shall become immediately due and payable.

 

17. WAIVER

Failure or neglect by the Seller to enforce at any time any rights shall not be a waiver or prejudice the Seller's rights.

 

18. LAW APPLICABLE

These conditions shall be governed and construed in accordance with Eng- lish Law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English Courts.