Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Legend Wholesale. The collective work includes works that are licensed to Legend Wholesale. Copyright 2003, Legend Wholesale ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Legend Wholesale or purchasing Legend Wholesale products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Legend Wholesale or to purchase Legend Wholesale products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Legend Wholesale. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Legend Wholesale used in the site are trademarks or registered trademarks of Legend Wholesale
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Legend Wholesale disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Legend Wholesale does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Legend Wholesale does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Legend Wholesale shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Legend Wholesale has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Legend Wholesale product is mistakenly listed at an incorrect price, Legend Wholesale reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Legend Wholesale reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Legend Wholesale shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Legend Wholesale without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Legend Wholesale may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Legend Wholesale.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Legend Wholesale products) shall be in the English courts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Legend Wholesale products) must be commenced within one (1) year after the claim or cause of action arises. Legend Wholesale's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Legend Wholesale may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Legend Wholesale or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Legend Wholesale does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Legend Wholesale is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Legend Wholesale reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Legend Wholesale in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Legend Wholesale, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Legend Wholesale may link to sites operated by third parties. However, even if the third party is affiliated with Legend Wholesale, Legend Wholesale has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Legend Wholesale. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Legend Wholesale seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
TERMS AND CONDITIONS OF SALE
1. Definitions & General
The Seller referred to is Legend Wholesale Ltd and The Customer is the person, firm or company contracting whether verbally or in writing, with the Seller. “the Goods” means the Goods supplied by the Seller to the Customer.
All orders are accepted strictly on the understanding that the Customer accepts these conditions of business. If a Customer issues an official order containing conditions of purchase the Sellers conditions of sale shall prevail unless agreed in writing by the Seller. This agreement forms the entire agreement between the parties hereto and supersedes and replaces all prior agreements and understanding whatsoever as to the subject matter hereof and may only be varied by agreement in writing by the duly authorized representatives of the parties hereto. Notice of any alterations under the terms of this contract shall be given in writing and served at the last known trading address of the Customer, first class post being deemed an acceptable mode of service.
2. Prices and Publications
Notwithstanding any offer, quotation, tender or price list, orders can only be accepted at prices ruling date of dispatch. The Seller reserves the right to amend prices without notice. Prices quoted do not include Value Added Tax which will be charged at rate ruling date of dispatch. All orders are treated as separate transactions and will be subject to delivery and small order surcharges as appropriate. Free delivery for all orders over £500+vat within mainland UK. Carriage charges will be payable for delivery elsewhere. Although we endeavour to provide exact information as possible the accuracy
of any information supplied as to price, description, measurement or specification of goods and services cannot be guaranteed due to manufacturers revisions. Such information is given by way of identification or illustration only and the use of such description shall not constitute any contract as sale by description. Where any such details are important the Customer should themselves verify the information before placing an order. It is the Customers responsibility to confirm that all goods comply with the local bylaws and/or regulations. Clerical errors and omissions are subject to correction
without notice. All plans, drawings, specifications and quotations are subject to confidentiality clause and must not be disclosed to any third party without the Sellers written consent.
3. Payment
Payment for the Goods should be made either:-
(a) By cheque or credit card or bankers’ draft to: Legend Wholesale, PO Box 110, Stalybridge, SK15 2WU. UK, Delivery is subject to cheque clearance; or
(b) By direct debit transfer to Nat West Bank Plc, 20 Melbourne Street, Stalybridge, SK15 2JQ Sort Code: 60-20-21 Account Number: 370 146 33 Account Name: Legend Wholesale Ltd. Payment must be made with the order prior to delivery unless a credit account has been established by Seller for the Customer. Where the Customer has a credit account, payment is due 30 days from date of invoice unless alternative terms have been agreed in writing by the Seller; interest is payable on overdue accounts at a rate of 8% per annum over the base rate of Nat West Bank Plc in accordance with the Late Payment of Commercial Debt (Interest) Act and Regulations. In the event of special payment terms being agreed by the Seller failure by the Customer to pay any invoice or account according to those terms shall result in all moneys outstanding becoming payable immediately whether they would otherwise be due or not.
4. Passing of Property in Goods
Any goods or products delivered by the Seller or its agents to the Customer or his servant agent or nominee shall remain (save as regards risks thereto) the property of the Seller until all invoices, statements or accounts of the Seller rendered by the Seller to the Customer or his servant agent or nominee have been discharged in full and in the event of default or delay in payment howsoever arising the Seller shall be entitled to demand the return of the goods which shall be forthwith delivered up to the Seller. The customer agrees that the Seller is seeking to exercise its rights under this clause and may at any reasonable time enter the Customers premises and remove the Sellers goods. Should the Customer resell the goods or products prior to such payment the Sellers beneficial entitlement shall attach to the proceeds of resale or to any claim for such proceeds. Such proceeds shall be held by the Customer as Trustee for the Seller in a separate designated account any rights of the Customer to receive such money shall be assigned to the Seller on demand. The Customers power of sale shall automatically cease if a receiver is appointed over any of the assets of the undertaking of the Customer or a winding up order is made against the Customer or the Customer goes into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation ) or cause a meeting of or makes any agreement or composition with creditors or claims of any description material to the recovery of the goods or products from the Customer or any third party.
5. Cancellation and Restocking
Orders can only be cancelled by the Customer, subject to any charges deemed necessary by the Seller, at the Sellers absolute discretion. No cancellation can be accepted or refunds offered for items specially ordered or fabricated for the Customer. Goods dispatched to the Customer and subsequently accepted for cancellation by the Seller will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by the Seller. The Seller at its absolute discretion may agree to the return of Goods by the Customer provided that the Goods are returned at the Customers expense, in the same condition and in the original packaging as of the date of dispatch by the Seller or their agents. Any Goods agreed by the Seller as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking
charge of 25% of the nett invoice value of the item or items, together with the reimbursement of any expense incurred by the Seller as a consequence of the return of said Goods to the Sellers stock or to the manufacturers/suppliers stock.
6. Delivery
Deliveries do not include unloading, positioning or installation unless otherwise stated. The Seller will deliver as near as possible to the delivery site as a safe hard road permits. The risk in the Goods shall pass on arrival at, and (where applicable) entry into the delivery premises. Damage due to inadequate site access or unloading shall be at Customers risk. If the Customer fails to take delivery on the agreed date, or if no specific delivery date has been agreed, when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the goods and to charge the Customer the
reasonable costs of doing so and to tender its account for the price of the goods under Condition 2.
7. Delay
Time for performance by the Seller is given in good faith, as accurately as possible, but is not to be of the essence of the contract. The Customer shall have no right to damages or to impose penalties in the event of late delivery by the Seller or his agents, or to cancel the contract for delay from any cause unless agreed in writing by the Seller.
8. Damage
It is the Customers responsibility to inspect the Goods at time of delivery, before signing the delivery note and accepting the consignment. Any damage must be noted on the carriers delivery note at time of delivery (signing unexamined is not acceptable), otherwise claims cannot be entertained. Damage must be reported to both the Seller and Carrier immediately, and confirmed to the Seller in writing within 24 hours of delivery. Damaged goods will not be exchanged or repaired if used, unless expressly agreed and confirmed in writing by the Seller. Usage of goods claimed as damaged will be taken as acceptance of item(s) in good condition and the Seller will accept no liability (unless agreed by the Seller in writing before such usage).
9. Third Party/Public Liability
Save insofar as defect in the products cause death, injury or damage to personal property, the Sellers liability for any loss or damage shall be limited to the invoice value of the goods. Without prejudice to the foregoing the Seller shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss or damage of whatsoever kind and howsoever caused, suffered by the Customer or others, save as may be expressly imposed by statute.
10. Warranty
It is the responsibility of the Customer purchasing for Resale to confirm the relevant warranty arrangement offered on the appliance at time of order. When ordering, the Customer accepts the transaction is not a consumer sale as covered by statute. All Goods purchased for resale are supplied with either:-
(a) a parts-only warranty whereby in consideration of the discount allowed to the Customer, the Seller will warrant most goods against defective parts for 12 months (excluding the cost of installation of such parts) from date of the Sellers invoice (unless otherwise agreed in writing) providing the item has been installed, used, serviced and maintained in accordance with the manufacturers specifications.The costs of the labour element of any warranty work being undertaken, will be borne by the Customer in recognition of the discount allowed. In respect of a parts only warranty the Customer either returns the defective part to the Seller (at the Customers own expense and risk) or (by prior agreement in writing with the Seller) pays for the new part and returns the defective part to the Seller on which a refund will be made.
(b) a parts and labour warranty which can be either of the following:
(i) A back to base warranty where the warranty on certain goods requires the item to be delivered to workshops for repair, the arrangement and cost of which is the responsibility of the Customer who purchased for Resale.
(ii) A parts and labour warranty whereby the Seller will be liable to replace defective parts plus supplying of labour to repair the defective part within 12 months from the date of invoice of the Goods. Where a “parts and labour” warranty is given, the Goods are repaired by a qualified person appointed or agreed by the Seller and the cost of such repair is agreed beforehand by the Seller in writing.
All Warranty call-outs from the Customer are accepted on the basis that they are valid and covered by the manufacturer warranty. Any charges levied in respect of abortive visits or for work deemed by the manufacturers or their agents not to be valid under the terms of the manufacturers’ warranty shall be recharged, including all charges due to incorrect installation (where installation was not provided by the Seller). Such charges will be invoiced to the Customer to whom the Seller supplied and invoiced the equipment concerned, recovery of such charges from any third party being the responsibility of the Customer. Warranty claims only cover defects caused by faulty manufacture, materials or workmanship. It does not cover defects caused by unsuitable storage conditions or processing, abnormal use, misuse or neglect or installation by unauthorised or unqualified personnel. The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit, revenue, business, goodwill) suffered by the Customer howsoever arising whether by act or default of the Seller or otherwise. Loan machines are not available. All warranties and conditions whether implied by statue or otherwise are excluded from this Contract to the extent permitted by law provided that nothing in this Contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller. No liability of any kind is accepted for any oral representation of any kind by the Seller or its personnel. All equipment must be installed by a qualified engineer and proof of invoice may be required to validate any warranty claims. Warranty for items sited offshore mainland U.K. is subject to manufacturers warranty restrictions as to extent of cover. In any event except to the extent that the Seller is able to pass on to the Customer the benefit of any manufacturers express guarantee, the liability of the Seller to the Customer in respect of any contract for the sale of goods howsoever arising shall not exceed the invoice price of those goods. See also Clause 9. The Seller shall not be under any duty arising from this provision if the Customer is in breach of any provision of the contract to the Seller until the Customer has remedied the breach.
11. Force Majeure
The Seller shall not be liable in respect of any breach of contract due to any cause beyond his reasonable control including Act of God, inclement weather, flood, lightning or fire, industrial action or lockouts, actions of government departments, war, riot or terrorism, or the action of any party for whom the Seller is not directly responsible.
12. Law and Jurisdiction The contract shall be governed and construed in all respect in accordance with the Laws of England and shall be subject only to the jurisdiction of the English Courts
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