+44 (0) 1455 618608 sales@subec.com

Terms & Conditions

  1. All goods sold by Subec Wiping Solutions Ltd (‘Subec’) are subject to the following conditions which shall apply to the exclusion of any conditions of order or purchase of the customer or any other standards, specification or particulars of or adopted by the customer. The Company shall not be bound by any representation, guarantee or warranty made by Its employees, agents or representatives. No amendments alterations or attempt to override these conditions shall be binding on Subec unless agreed in writing by a Director of Subec

 

  1. In all respects related to this website English Law will apply. Any dispute relating to the interpretation of these Conditions of Sales shall be subject to English Law and the customer submits to the exclusive jurisdiction of the English Courts.

 

  1. Prices shown on this website are to the best of the Companies knowledge correct. However the Company reserves the right to amend prices at any time without prior notice.

 

  1. Prices shown are exclusive of VAT. When VAT is applied it will be at the appropriate rate and the buyer shall pay to the Company a sum equal to such tax in addition to and at the same time as the prices so specified.

 

  1. Goods will be invoiced at the price ruling at the date of order except if agreed otherwise in writing. All prices are subject to amendment or withdrawal by Subec at any time prior to actual receipt of an order for goods referred to herein. Clerical errors are subject to correction.

 

  1. Payment shall be made online or via account by Visa, MasterCard, Solo or Switch/Maestro cards prior to despatch of goods. Pro forma invoices can be sent so that Cheque payment may be made prior to despatch of goods.

 

  1. Account customers with previously approved details can order using invoice payment. Goods will be dispatched with payment to the Company due within 30 days of date of invoice. The Company reserve the right to charge interest on any balances outstanding after the 30 day term at a rate of 4% per month from the date by which the payment should have been made until day of payment provided always that the payment of such interest shall be in addition to all other rights of the Company.

 

  1. Time shall be of the essence for such payment. If credit is not extended payment must be received in full by Subec before delivery.
  1. All accounts must be paid for in full. Any charges deducted from payments either by the customers bank or other financial institution shall be payable in full by the customer. Subec shall not accept any entitlement howsoever arising by the customer to set off any claim against monies due to the customer by Subec.

 

  1. Queries against invoices must be lodged in writing within seven days of receipt. Credit for later claims may not be granted.
  1. The customer has the right to sell the goods in the course of his business for the account of Subec, but any conditions, warranties or representation given or made by the customer to a third party shall not be binding on Subec who shall be indemnified by the customer with respect thereto and to pass good title to the goods to his customer being a bona fide purchaser for the value without notice of Subec’s rights. In the event of such resale the customer has a fiduciary duty to Subec for the proceeds but may retain there from any excess of such proceeds over the amount outstanding under this or any other sale contract between them. Subec has the additional right to recover the customer’s price directly from the customer’s customer to the extent unpaid. If Subec avails itself of such right Subec will account to the customer for any excess as aforesaid less any expenses incurred by Subec in respect of such recovery.

 

  1. Delivery will be by transport of Subec’s choice. If the customer requests special delivery arrangements they will be charged for accordingly. We aim to deliver goods within three working days from the date the order is placed. If goods are out of stock we will send your order as soon as goods are available, and we will contact you to inform you of the approximate day of delivery.

 

  1. Delivery dates when given are estimates only and will be met to the best of the Companies ability. Any failure to deliver on a specified date cannot be held against them. Each delivery of goods related to an order shall be deemed to constitute a separate contract to which these terms and conditions shall, so far as possible, apply and failure to make any delivery shall not terminate the order as to future deliveries.

 

  1. Where deliveries are spread over a period each consignment will be invoiced as despatched and each month’s invoices will be treated as a separate account and payable accordingly. Failure to pay for any goods or for any delivery or instalment shall entitle Subec to suspend further deliveries on the same order or any order without prejudice to any other rights Subec may have. Subec reserves the right to charge interest on overdue accounts at the rate of 2% per month.

 

  1. Claims for non delivery must be notified to Subec in writing if goods are not received on the due delivery date and no reason has been given for the delay by the hauler or Subec. Claims for any damage or part delivery must be notified to Subec within 24hrs of receipt of goods.  No liability is accepted by Subec for any claims that do not follow the above procedure and failure to amend the relevant delivery documents accordingly.

 

  1. The risk of loss or damage to the goods passes to the customer on delivery to the customer’s premises, or when goods are appropriated to the customer but kept at Subec’s premises at the request of the customer. Charges for storage, insurance or demurrage will be payable by the customer.

 

  1. No claim for damage to or loss of the goods or part thereof in transit will be considered by the Company unless the Buyer:
  1. provides separate written notice to the carrier concerned, if any, and to the Company of any damage or shortage within 3 days of delivery of the goods or, in the event of loss of the goods, within 7 days of the notified date of arrival of the consignment.
  2. submits a detailed claim in writing to the Company within 3 days of the notice given under (i) above: and
  3. endorsed, where applicable, on the carriers receipt or dockets that the goods had been examined without examination.

 

  1. Without prejudice to their rights to damages, the Company may terminate the contract by notice in writing if the Buyer fails to take any delivery of goods when due or makes default in any payment when due.
  2. Force Majeure. Subec shall have the right to cancel or delay deliveries or reduce the quantity of goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any contract or otherwise failing to implement its obligations to the customer if such failure or delay shall be due to any cause or circumstances beyond the control of Subec.
  3. Every care has been taken in the compilation of this, website but the Company accepts no responsibility for any errors or
  4. omissions.
  1. Orders shall remain valid and binding notwithstanding delay in delivery. Subec will not be liable for any delay in delivery or failure to deliver.

 

  1. In no circumstances shall Subec be liable for any consequential loss suffered by the customer whether as a result of breach of contract on the part of Subec or otherwise.

 

  1. Title of Goods: Legal and equitable ownership of goods shall remain with Subec until payment of all sums due to Subec from the customer on any  accounts whatsoever have been received in full. At any time prior to full payment (whether or not payment if then overdue) Subec may, without prejudice to any other rights, retake possession of the goods or any part thereof and may enter on the customers premises by its employees or agents for that purpose.

 

  1. Subec reserves the right to alter the specification of any products it manufactures or distributes.

 

  1. Returns. Any goods requiring to be returned to Subec can only be returned with the express agreement of Subec. Evidence of this is in the allocation of a goods return note and number. Failure to comply with this procedure may result in a delay in credit being issued or not at all. All goods return note numbers may be obtained from the Subec sales office.

 

  1. Subec shall not be liable to the customer

 

  1. for defects in any goods provided caused by the act of neglect or default of the customer or any third party.
  2. for any other defects in goods not falling within paragraph (i) of this clause unless notified to Subec within 30 days of delivery of the goods except in the case of a latent defect where Subec shall not be liable unless such defect is notified to Subec within 10 days of the customer being aware of such defect.

 

  1. Subec aggregate liability in respect of any occurrence or series of occurrences to the customer whether for negligence, breach of contract or otherwise shall in no circumstances exceed the cost of goods in respect of which the claim arises.

 

  1. Termination. Subec may, without prejudice to any of  its rights, stop any goods in  transit and/or suspend further deliveries and further provision of services and/or by giving notice in writing to the customer, determine the contract:
  1. if the customer enters into a Trust Deed for its or his creditors or  a Deed of Arrangement or commits an act of bankruptcy or become insolvent or compounds with its creditors; or
  2. if (being a company) an order is made or a resolution is passed for the winding up of the customer; or
  3. if a Receiver is appointed over any of the customer’s assets or undertaking; or
  4. if the customer takes or suffers analogous action or proceeding under foreign law in consequence of debt or commits any breach of this or any other contract between Subec and the customer; or
  5. if the customer fails to pay any sum on the date or in other manner whatsoever breaches that or any other contract with Subec.

 

  1. The Company shall not be held liable for any inability to comply with its obligations to orders placed due to any cause whatsoever beyond its reasonable control. These include (but not limited hereto) war, riot, strike or lock out, act of God, storm, fire, earthquake, explosion, flood, confiscation, action of any government or government agency or shortage of goods and time for delivery shall be extended by a period corresponding to the period of such inability provided always that either the Company or the Buyer may give notice in writing to the other cancelling deliveries which should have been made during a period of unforeseen circumstances in the event of such period extending beyond 60 consecutive days.

 

  1. If the buyer shall commit any act of bankruptcy or being a Limited Company if any Resolution or Petition to wind up such Companies business shall be passed or presented or a Receiver be appointed of its undertaking property or assets or any part thereof or if the Buyer, whether an individual or a Company, shall have any execution or distress levied upon any of his or its goods or property the Company shall have the right to determine any contract then subsisting, without prejudice to any claim or right the Company might otherwise make or exercise

 

  1. The Company does not warrant, guarantee or hold out that the goods are of merchantable quality or fit for any purpose, whether such purpose is known to the Company or not and in the event of the Buyer receiving defective goods they must immediately notify the Company of the this and if asked return the goods to the Company for return to the Manufacturer. The Company will obtain where possible the benefit of any guarantee given by the manufacturer and its liability to the buyer shall be limited to any sum received by it there under. In no event shall the Company be liable for consequential loss, if any, suffered by the buyer.

 

  1. Definition. Any reference herein the singular shall, where the context so admits be constructed to include the male and female gender and the plural as well as the singular and all trading styles howsoever formed.