TERMS AND CONDITIONS OF SALE - SELLER
1. LIMITATION
The terms of sale are EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS HEREIN CONTAINED. Any term or condition in any purchase order or other form in conflict with these terms and conditions hereby are expressly rejected and shall not be binding on Seller.
2. PRICES
Prices are exclusive of all freight, insurance, and Value Added Tax at the date of the invoice. Prices are those in effect at the time when the order was placed.
- Freight Charges: We have set criteria when it comes to the applying freight charges, orders under the value of £149.99 are subject to £3.95 charge for freight, this can / will be added to the order at the point of invoicing. This charge is non-refundable.
3. TERMS
a) Invoices will be issued under date of shipment with terms of 30 days net.
b) THIS INVOICE IS SUBJECT TO A LATE PAYMENT CHARGE OF 2% PER MONTH ON THE UNPAID BALANCE BEGINNING THE FIRST OF THE MONTH FOLLOWING DUE DATE.
c) Returned or cancelled merchandise will be subject to a 15% restocking charge.
Subject to the provisions cited below, the Buyer may return Products for credit against future Orders, at the sole expense of the Buyer, and with all risk of loss during delivery being the responsibility of the Seller, provided the Seller, in its sole discretion, gives its prior written consent. The credit (hereinafter “Return Credit”) for Products accepted for return shall equal the lesser of (a) the Seller’s price in effect on the date of receipt of the returned Products by the Seller and (b) the original purchase price of the Products paid by the Buyer, reduced by any promotional discounts or other discount or allowance which have the economic effect of reducing the bottom line cost of the Products to the Buyer. All returns are subject to a handling charge of fifteen (15) percent of the repurchase price. In no event shall the Seller accept Products for return more than thirty (30) days after Delivery by the Seller or which are damaged, used or not in their original unopened containers. Prior to the return, the Buyer shall provide the Licensed Supplier with an itemized inventory of the Products to be returned, and any other information that the Seller may request
4. Retention of TITLE
Notwithstanding that Delivery may have occurred, title to the Products shall not pass from the Seller until
a) the Buyer has paid in full the invoiced amount of the Products and any related amounts including, but not limited to VAT; and
b) no other sums whatsoever shall be due from the Buyer to the Seller.
c) Failure on the part of Buyer to make payment or the goods when due shall give Seller the right (without prejudice to any other remedies) to repossess the goods with or without prior notice and to enter upon any premises in which the goods may be for the purposes of repossession.
e) Failure on the part of the Buyer to make payment for the goods when due shall give the Seller the right to pursue any amounts owed by taking appropriate action, which might mean the Buyer’s details are passed on to a third party to recover the amounts due
5. WARRANTY
- Limited Warranty
5.1 Subject to the limitations in Clause 5 and 6 (in particular, but not limited to Clause 5) the Seller warrants that the Products will be free from defects in materials and workmanship under normal use (the “Limited Warranty”), until the earlier of (i) where applicable the “best before” date specified on the package or (ii) for a period of six (6) months from the date the Products are Delivered by the Seller to the Buyer or its designee. The Limited Warranty shall not apply, and the Seller shall not be liable for defects if the Seller determines that the Products were altered or tampered with or if a defect shall be due to or brought about by fair wear and tear, carelessness on the part of the user, misuse or accident, or other cause outside of the Seller’s control, or if the Products are beyond their best before date.
5.2 All claims for breach of the Limited Warranty must be received by the Seller no later than thirty (30) days after the expiry of the Limited Warranty period for the Products as determined in accordance with Clause 5.1. This Limited Warranty defines the Seller’s liability in respect of the Products. Except as expressly stated in these terms and to the extent permitted by law, all other conditions, warranties, or other undertakings concerned with the Products whether express or implied by statute, common law, usage, custom or otherwise are excluded from these terms, including but not limited to all warranties, conditions or undertakings of quality, fitness for purpose or use or performance or merchantability.
5.3 Subject to Clause 5.5, the Buyer’s sole remedy for any breach of the Limited Warranty shall be, at the Seller’s sole option, a) repair by the Seller at a facility of the Seller's choice; b) replacement of the defective Products, or c) reimbursement of the purchase price within thirty (30) days of receipt of the Products by the Seller.
5.4 The Buyer shall be responsible for all costs associated with the delivery of the Products for warranty repair or replacement to the Seller or the Seller’s designated agent for such purpose. The Seller shall be responsible for all costs associated with the delivery of Products to the Buyer to replace the Products covered by the Limited Warranty. The Buyer shall be responsible for all costs associated with the delivery and return of the Products to any end user.
5.5. The Buyer’s remedies under Clause 9.3 shall be suspended for any period during which the Buyer is in full or partial breach or default of this Agreement or of any term or condition hereunder.
6. Limited Liability
6.1 The Seller shall not under any circumstance be liable to the Buyer for any special, indirect or consequential loss or damage or any loss of profit or business (whether arising from negligence or otherwise) incurred or suffered by the Buyer in connection with the performance or non-performance by the Seller of its obligations under these terms or under any contract for the supply of the Products between the parties.
6.2 To the extent permitted under applicable law the aggregate liability of the Seller to the Buyer for any loss, damage or injury shall not under any circumstances exceed the value of the Products supplied hereunder.
6.3 The Buyer acknowledges that the exclusions and limitations contained in this Clause are fair and reasonable in all the circumstances and the Buyer acknowledges that it shall be solely responsible for obtaining and maintaining adequate insurance cover in respect of all risks relating to these terms and the Products.
6.4 For the avoidance of doubt, nothing in this Clause constitutes or shall be deemed to constitute an attempt by the Seller to limit or exclude any liability for death or injury to any personas a result of negligence or fraudulent behavior of the Seller.
6.5 Each sub-clause in this Clause shall be read separately from and without prejudice to the others.
a) Seller warrants that goods sold hereunder shall be free of defects in materials which are
not commercially acceptable. This warranty does not apply to goods which:
i) have been altered without Seller's consent
ii) have been subject to accident or damage after delivery to Buyer
iii) have been improperly maintained or stored or subjected to abnormal use after delivery to Buyer
b) If, during the first twelve months after delivery to Buyer, the Buyer returns goods to Seller, at Buyer's expense and risk, alleging a breach of warranty in (a) above, Seller shall, if claim is found to be valid, replace the goods at its own expense and send to Buyer at Seller's cost and Buyer's risk.
c) The warranty in (a) constitutes the full extent of Seller's liability in respect of the goods and Buyer's remedies are limited to those expressly set out in (b) above. The warranty in a) is expressly given in lieu of and to the exclusion of all other warranties conditions and representations express or implied and statutory or otherwise.
d) In no circumstances shall the Seller be liable or any indirect, consequential, or incidental loss damage or injury of any kind (including without limitation, loss of revenue contracts of profit).
e) In addition, to the extent permitted by law, Seller shall not be liable for any loss damage or injury as aforesaid caused by the negligence of Seller or its employees.
f) The warranty in a) above only applies to replacement goods for the unexpired portion of the original warranty period.
Data Protection / Information obligation according to GDPR
As KENT (United Kingdom) Ltd. is part of Berner SE, they share the same general data privacy statement.
Data privacy is of especially great importance for our company and our corporate group. It is essentially possible to use the website without providing any personal data. Should a person wish to make use of special services of our company online, however, it may be necessary to process personal data. Should the processing of personal data be required, and should no legal basis exist for such processing, we will obtain the prior consent of the person concerned.
The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in line with the Federal Data Privacy Act (BDSG), the EU/UK General Data Privacy Regulation (GDPR), and any laws which likewise apply.
Information according to Art. 13, 14 GDPR (General Data Protection Regulation) regarding the processing of personal data can be found under the navigation point “Data Privacy” on our website https://www.kenteurope.com/en/data-privacy/
With this data privacy statement, our company would like to provide information on the nature, scope and purpose of the personal data processed by us and explain to persons concerned what rights they are entitled to assert.
Our company has implemented numerous technical and organizational measures to ensure that any personal data processed is protected as comprehensively as possible. Web-based data transmission may, however, possibly contain security gaps, so that absolute protection cannot be guaranteed.
