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Terms of service

1.     ACCEPTANCE AND AMENDMENT

1.1.  These conditions shall apply to all tenders, offers, quotations, orders, acceptances, deliveries and contracts relating to the sale of goods by the Seller, unless the Seller otherwise agrees in writing.

1.2.  No other conditions or modifications of these Conditions shall be binding on the Seller unless the Seller agrees thereto in writing and the Seller shall not be deemed to accept such other conditions nor to waive any of these Conditions by failing to object to provisions contained in any purchase order or other communications from the Buyer.

1.3.  No representative, agent or salesman who is not a Director of the Seller has any authority to amend or waive any of these Conditions or other provisions of the Contract.

1.4.  Neither these Conditions nor any other provisions of the Contract shall be suspended, amended or waived except with the written agreement of the Seller.

 

2.     DEFINITIONS

2.1.  ‘Contract’ means to the contract for the sale and purchase of the goods (in which these conditions apply).

2.2.  ‘Goods’ means the goods (including any instalment of Goods or any parts for them) which the Seller is to supply pursuant to or in connection with the Buyer’s Purchase Order and the Contract.

2.3.  ‘Buyer’ means the person whose order for Goods is accepted by the Seller.

 

3.     DESCRIPTION

3.1.  All descriptions and prices, and any other information submitted by the Seller or included in any sales literature, quotation, price list, acknowledgement of order, invoice or other document or information issued by the Seller are deemed approximate only and, subject to that shall form part of the Contract.

3.2.  Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acknowledgement of order, invoice or other document of information issues by the Seller shall be subject to correction without any liability on the part of the Seller.

 

4.     CANCELLATION

4.1.  The Buyer can place a request in writing to cancel any order or part thereof by informing the Seller at any time prior to despatch.

4.2.  Cancellation must be then confirmed in writing by the Seller in which event the Buyer’s sole liability shall be to pay to the Seller any liability reasonably incurred by the Seller to a third party at the date of cancellation in relation to the manufacture and supply of the Goods, which the Supplier can evidence in writing and which the Seller cannot avoid.

4.3.  The Seller reserves the right to reject any cancelation requests deemed within reason by the Seller.

 

5.     PRICES

5.1.  The price of Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid) the price confirmed at the point of order acceptance by the Seller.

5.2.  The Seller reserves the right to amend prices to cover any change in its costs (including, but without limitation to, costs of labour, transport and services, and fluctuations in currency exchange rates and any tax, fee or charge imposed by any government or other authority) up to the date of despatch of Goods to the Buyer.

5.3.  The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.

5.4.  The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller.

 

6.     PURCHASE ORDERS

6.1.  The Buyer shall place all lines in the order on one Purchase Order under one reference.

6.2.  The Buyer shall include the Seller’s product references and unit prices on the Purchase Order.

6.3.  The Buyer shall order lines in case and shipper quantities only.

6.3.1.     Failure to do so will result in the Seller rounding quantities up as applicable.

6.4.  The Buyer shall place Purchase Orders to a Minimum Order Value (MOV) of £3,000 ex VAT for free of charge delivery.

6.4.1.     Purchase Orders accepted below MOV will be subject to additional delivery charges incurred by the Buyer as determined by the Seller.

 

7.     PAYMENT TERMS

7.1.  Unless otherwise agreed in writing by the Seller, the invoice amount is due for payment prior to despatch of Goods.

7.2.  If credit terms are established:

7.2.1.     The Seller shall invoice the Buyer on or after despatch of the Goods.

7.2.2.     The Buyer shall pay all invoices within the agreed credit period.

7.2.3.     If payment becomes overdue, the Seller shall (without prejudice to any rights to damages or other remedy), be entitled to withhold further orders, until payment is made and/or be entitled to cancel the Contract in relation to the whole or part of the Goods not yet despatched.

7.2.3.1.         The Seller reserves the right to charge interest at an annual rate of 4% above the base rate of Royal Bank of Scotland plc on all overdue monies.

7.2.4.     The Seller reserves the right to revise or rescind credit at any time without notice to the Buyer.

 

8.     DESPATCH & DELIVERY

8.1.  Goods will be supplied by the Seller in cartons as determined by the original manufacturer.

8.2.  The Buyer is liable to pay delivery charges on any orders under the MOV of £3,000 ex VAT as confirmed at the point of order acceptance. Alternatively, orders can be collected free of charge from the Seller’s warehouse at the Buyer’s own cost.

8.3.  All orders above MOV will be delivered by the Seller to the delivery address determined by the Buyer on the Purchase Order.

8.4.  Despatch will take place by the Seller 3-4 working days after receipt of the Purchase Order from the Buyer unless a later date is otherwise specified by the Buyer.

8.5.  Prior to despatch, the Seller will request a booking from the Buyer. The Buyer will respond with a confirmed booking within 24 hours of the Seller sending the request.

8.6.  The Seller will not be liable for failure to deliver within the provided booking time/date nor shall any such failure entitle the Buyer to rescind or cancel any Contract between the Seller and the Buyer.

8.7.  If the Goods are delivered in excess by the Seller to the Buyer without prior notice in writing from the Seller, the Buyer shall not be bound to pay for the excess and any excess will be collected by the Seller at the Seller’s expense.

8.8.  The Seller shall be entitled to postpone or cancel despatch/delivery in whole or part when the Seller is delayed in or prevented from obtaining, despatching or delivering any Goods by strikes, lockouts, trade disputes or labour troubles or by any cause beyond the Seller’s reasonable control including, but without limitation to, acts of God, acts of the Buyer or its agents, embargo or any other government acts of request, fire, accident, war, riot, delay in transportation or inability to obtain adequate labour or manufacturing facilities.

 

9.     BUYER’S OBLIGATIONS AND CLAIMS ON DELIVERY

9.1.  The Buyer will:

9.1.1.     Examine the Goods carefully on receipt.

9.1.2.     Notify the Seller in writing within 1 working day on receipt of goods of any error in quantity, weight or description of Goods delivered.

9.1.3.      Notify the Seller in writing within 1 working day on receipt of goods of any damage to Goods revealed by such examination and not caused since delivery was taken.

9.2.  Failure to make any notification in accordance with conditions in 9.1 shall constitute a waiver by the Buyer of all claims based on or relating to the facts which such examination should have revealed.

 

10.  BUYER’S CHARGES AND ADDITIONAL FEES

10.1.               The Seller is not liable for any additional charges or fees by the Buyer for reasons including but without limitation to, late delivery, quality inspections, damage caused by improper storage of Goods and non-conformity to packaging requirements.

 

11.  RISK

11.1.               If the Buyer is collecting from the Seller, the risk of loss or damage to the Goods shall pass to the Buyer when the Goods are made available at the Seller’s premises for collection by or on behalf of the Buyer.

11.2.               If the Seller is delivering, the risk of loss or damage to the Goods shall pass to the Buyer when the Goods are made available at the Buyer’s premises for unloading.

 

12.  TITLE TO GOODS

12.1.               Notwithstanding receipt of the Goods by the Buyer and the passing of risk in the Goods, or any other provision of these Conditions, full legal and beneficial ownership of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds in full of the price of the Goods.

12.2.               Until such time as full legal and beneficial ownership of the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary’s agent and Bailee and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Seller’s property but the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.

12.3.               Until such time as full and beneficial ownership of the Goods passes to the Buyer, (and provided the Goods have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver 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.

12.4.               Even though full legal and beneficial ownership has not been passed to the Buyer the Seller shall be entitled to sue for their price once payment has become overdue.

 

13.  WARRANTIES AND LIABILITY

13.1.               The Seller warrants that Goods supplied by it are in accordance with their specification and free of defects caused by reason of faulty materials or workmanship. Subject as aforesaid all other warranties and conditions whether express or implied by statute, common law, EC law, or trade custom (in any case whether arising in contract, tort or otherwise) are hereby excluded so far as the law permits. The Seller’s obligation in respect of any defective Goods shall be limited to the repair or replacement (At the Seller’s discretion) of the Goods concerned together with further damages for direct injury loss of damage (if finally adjudged by a court to have been caused by defects in the Goods supplied) not exceeding the contract price in question. The seller shall not be liable for any indirect consequential or economic loss or damage howsoever caused or for any loss of profit (in any case whether arising in contract, tort or otherwise) except in respect of death or personal injury caused by the Seller’s negligence.

13.1.1. The Buyer must examine Goods carefully on receipt and must notify the Seller within 1 working day of any apparent defect. Any claim for breach of the warrant in condition 13.1 will be barred unless full written notice of the defects giving rise to the claim and amount claimed (together with a calculation showing the amount is arrived at) are given to the Seller within 1 month of the despatch of the Goods by or on behalf of the Seller.

13.2.               The Seller warrants that it has full clear and unencumbered title to all Goods and the sale of the Goods to the Buyer within the United Kingdom shall not constitute a breach of any agreement between the Seller and any third party.

 

14.  GOVERNING LAW

14.1.               Any Contract entered into shall in all respects be governed by English Law and the Buyer shall submit to the jurisdiction of the English courts.

 

15.  GENERAL

15.1.               Any order given to the Seller, or acceptance of a tender by the Seller shall be deemed as conclusive proof that the Buyer has accepted these conditions.

 

16.  EXPORT TERMS

16.1.               Any Goods supplied to the Buyer by the Seller, shall only be resold within the United Kingdom.

16.1.1. Where Goods are explicitly supplied by the Seller for export from the United Kingdom, this condition 16 shall be subject to further terms agreed in writing between the Buyer and Seller and apply in addition to the remainder of these Conditions.

 

15. Your Online Account

To ensure the security of our pricing information, access is exclusive to customers who are either: Currently discussing an order with their sales representative, or have placed an order within the specified time frame.

Time Frames for Ordering:
UK Customers: Place an order within 3 months.
Customers Outside the UK (ROW): Place an order within 6 months.


If your access is unexpectedly revoked and you believe this to be an error, please reach out to us directly at sales@intamarque.com. Each case will be reviewed individually to provide a resolution.

15. Online Product Information


While we endeavour to provide accurate product listings, exchange rates, and prices on our website, please be aware that they are subject to change without prior notice. We reserve the right to modify inventory, exchange rates, and prices due to factors such as manufacturer stock availability and market fluctuations. We appreciate your understanding in this matter as we strive to offer the best service possible.