Mortuary Equipment Direct Limited is registered in England and Wales under COMPANY NO. REG NO: 12086912 and our registered office is at Unit 1 Lodge Farm Hook Road, North Warnborough, Hook, England, RG29 1HA.
The documents set out in this section govern your dealings with Mortuary Equipment Direct Limited. Please read them carefully. They do not affect your statutory rights.
All business is carried out subject to the following Terms and Conditions;
1. Basis of Sale
1.1 Mortuary Equipment Direct Ltd (“the Company”) shall sell and the person who accepts the Company’s quotation or who places an order accepted by the company (“the Customer”) shall purchase goods supplied by the Company subject in either case to these conditions which shall govern the contract to the exclusion of all other terms, conditions and warranties whatsoever (including any which are implied by statute or common law and any which may appear in the customer's order) unless any of the same are specifically agreed in writing by a director of the Company.
1.2 No variation to these conditions shall be binding unless agreed in writing by a director of the Company.
1.3 The Company’s employees or agents are not authorized to make any representation as to the description, quality, or fitness for any particular purpose of any goods supplied by the Company. If a representation is made or an opinion expressed which materially affects the Customer’s decision to place an order, the Customer should ensure that such details be confirmed in writing by a director of the Company so as to form part of the contract; no liability can otherwise be accepted.
1.4 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of the order, invoice, or other document or information issued by the Company shall be subject to correction without liability on the part of the company.
1.5 Whilst the company takes every precaution in the preparation of its catalogs and other literature, these documents are for the customer’s general guidance only and the particulars contained therein shall not constitute representations by the company and the company shall not be bound thereby.
1.6 No order will be binding upon the Company unless and until accepted by the Company in writing or by delivery of any goods the subject of the order (“Goods”).
1.7 Orders are accepted on the basis that these Terms (or varied as aforesaid) apply to the order. Accordingly, any Terms endorsed on or contained or referred to in any Customer’s order or confirmation or otherwise communicated to the Company which is inconsistent with these Terms and are not specifically agreed in writing by the Company, shall be deemed to be suspended and nullified by these Terms.
1.8 The Customer undertakes not to remove, deface, or obliterate the Company nameplate or associated trademark from goods sold subject to this contract.
2. Prices
2.1 The price of the Goods shall be the Company’s quoted price or when no price has been quoted (or a quoted price is no longer valid) the price listed in the Company’s relevant price list current at the date of invoice.
2.2 The price of the goods shall be subject to alteration by the Company at any time before delivery for reasons including, but not limited to, alterations arising from any increase in the costs of the Company which is due to any factor beyond its control such as, without limitation, any foreign exchange fluctuation, alteration of duties, increase in the costs of labor, materials or other costs of manufacture or other overheads, any change in delivery dates, quantities or specifications for any Goods which is requested by the Customer or the failure of the Customer to give the Company adequate information or instructions.
2.3 The quoted price is exclusive of any applicable Value Added Tax, which the Customer shall be additionally liable to pay to the Company at the prevailing rate.
• Deliveries of all products will incur delivery charges unless waivered by the company
In advance.
2.5 Goods deemed as and or quoted as ‘Spares and Accessories’ shall be delivered free of charge where the order is placed, despatched and delivered with the main Goods order. Separate orders or despatch locations for Goods deemed as Spares and Accessories shall be subject to a delivery charge. The delivery charge will vary depending on the size and weight of the Goods and the delivery location and shall be paid by the Customer.
3. Payment
3.1 The Customer shall pay the agreed price of the Goods before despatch, unless a current written credit agreement exists or specifically agreed in writing by a director of the Company, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. Time for payment of the price shall be of the essence of the contract.
3.2 If payment of the price or any part thereof is not made by the due date, the Company shall be entitled without notice and affecting any other right it may have:
a to charge interest both before and after any judgment on the outstanding amount at the rate of 8% per annum above the Barclays Bank PLC Base Rate accruing daily.
b to deduct any outstanding amounts from any monies owed to the Customer on any account whatsoever.
c appropriate any payment made by the Customer to such Goods and or services supplied under any contract between the Customer and the Company as the Company may think fit (notwithstanding any purported appropriation by the Customer): and
d cancel or suspend delivery of any Goods ordered by the Customer, which have not been delivered without incurring any liability to the Customers.
3.3 The Company reserves the right to consult whomever it considers appropriate for the purposes of obtaining trade references for the Customer. Such trade references will be recorded by the Company and will be made available to other businesses for the continuing assessment of credit risk.
3.4 The Company reserves the right to amend any accidental error or omission on quotations, order acknowledgments, invoices, or credit notes.
3.5 No payment shall be deemed to have been made until the Company’s accounts are credited with the relevant cleared funds.
3.6 Should the Customer fail to pay on the due date or fail to comply with the terms of payment the Company reserves the right to claim compensation for debt recovery costs and interest under the Late Payment of Commercial Debts (Interest) Act 1988.
3.7 The Customer may not withhold or make any deduction from or set-off against any payment due to the Company for any reason.
4. Reservation of title
4.1 Notwithstanding delivery and the passing of risk, the property in all the Goods delivered by the Company to the Customer shall remain vested in the Company until payment in full is received and cleared through the company’s bank account not only for the Goods and or services comprised in any other contracts between the Company and the Customer which have been delivered and/or perform but remain unpaid.
4.2 Until payment due from the Customer under all contracts between the Customer and the Company has been so received in full:
a the Customer shall hold the Goods upon trust for the Company
b the Customer shall at all times keep the Goods comprehensively insured against normal perils and damage
c the Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable from the Goods
d the Customer shall hold the Goods as bailee in a fiduciary capacity for the Company and it shall be the responsibility of the Customer to keep the Goods in good condition at its own expense
e the Goods shall be held separately from any other assets and be identified as the property of the Company
f the Customer shall permit any officer, employee, representative, or agent of the Company to enter with or without vehicles onto the Customers premises or other site where the Goods are located and to repossess the goods.
5. Delivery
5.1 Goods to be delivered to the Customer shall be delivered by one or more consignments as may be agreed between the parties. Where Goods are to be supplied by more than one consignment, then each consignment shall be deemed to constitute a separate contract.
5.2 Each consignment must be inspected in the presence of the Company’s delivery agent. The Company is obliged to notify all claims to it carriers within 7 days of delivery. Consequently, claims regarding incomplete delivery or notices of defects must be submitted to the Company in writing no later than 3 days after the delivery of the Goods and must be sufficiently evidenced. If complaints are not submitted within this time the Goods shall be deemed to have been duly delivered and in perfect condition.
5.3 Risk in the Goods supplied shall pass to the Customer when the Goods are delivered to or collected by the Customer or its agent.
5.4 Any dates quoted for the delivery of goods are approximate only and are quoted in good faith. All reasonable efforts will be made to adhere to them and the Company accepts no liability
for any delay in delivery of the Goods howsoever caused. Time for the delivery shall not be of the essence unless previously agreed by a director of the Company in writing. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
5.5 Where delivery is delayed upon the Customer’s request or due to the lack of delivery instructions, or due to Customer delayed payment of his account the Company shall have the right to charge storage costs, which the Customer shall pay. Storage will be charged at 2% of the invoice value for each completed month which delivery is delayed beyond the stated delivery period.
5.6 The Company may make and the Customer shall accept partial deliveries where required by the Company.
6. Order Cancellation
6.1 Once the Company has acknowledged the Customer’s order, the Customer may only cancel the order if the Company agrees and accepts such cancellation. In such an event, the Company reserves the right to charge a cancellation fee in respect of its cost, which the Customer shall pay.
6.2 If the Customer cancels the Goods whilst the Goods are still in transit and delivery is not accepted by the Customer or Customer's agent, an abortive delivery charge will be charged to the Customer.
7. Returns
7.1 The Company will (at the Company’s option) either replace or refund the price of goods which are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery or to be a shortfall in quantity delivered provided that:
a the customer inspects the Goods on delivery and notifies the Company within three days of delivery of any alleged defects, shortage in quantity, or damage.
b if the Customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of them.
7.2 Where a defect would not have been apparent on a reasonable examination under clause 7.1, the customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within one hundred and eighty (180) days of delivery whichever is earlier; and the Customer provides all information and assistance required by the company to investigate any suspected defect and, if required by the Company to investigate any suspected defect and if required permits the Company to inspect the Goods concerned at any premises where the same are located.
7.3 Goods are not sold on a trial basis. Customers should check the specifications and suitability of the Goods before placing an order. The Company does not warrant the suitability of the Goods for specific applications.
7.4 Goods that have been incorrectly ordered will only be accepted for return with the prior approval of the Company. In such an event, the delivery cost shall be paid by the Customer.
7.5 Returned Goods will only be accepted by the Company if they are: correctly packed in the original packaging with the manuals, returned with the necessary proof of delivery and purchase, and have not been used. The Company reserves the right to charge the Customer a restocking fee of 25% of the value of the Goods being returned from the Customer to the Company.
7.6 The Goods being returned by the Customer to the Company without a Goods Return Authorisation Number will not be accepted by the Company and or the cost of the goods will not be refunded by the Company to the Customer.
7.7 Any item ordered that is not normally held in stock will be ordered on the Customer's behalf from the manufacturer or other supplier. Such items cannot be returned if the Customer decides that the Goods are no longer required.
8. Warranty
8.1 The Company hereby warrants, subject to clauses 8.2, 8.3, and 8.4 hereof that each product or part and supplied under the contract shall be free from defects in material and workmanship.
8.2 The Company shall be under no liability should the total price for the Goods have not been paid in full by the Customer to the Company by the due date for payment.
8.3 The Company shall be under no liability in respect of any defect arising from the following conditions from fair wear and tear, wilful damage, negligence, careless behavior, abnormal working conditions, failure to follow installation manuals and or operating instructions, power failure, overloading, misuse/use other than intended or alteration of the Goods without prior written approval from the Company.
8.4 The Company shall be under no liability should any product or part repaired, altered, or assembled by anyone other than the Company, the Company’s supplier or appointed service contractor, which in the sole judgment of the Company affects the performance, stability, or performance for which the Good were manufactured.
8.5 Any claim by the Customer must be supported by the provision of a valid engineer’s or contractor’s inspection report, accompanied by accurate installation and maintenance records. The engineer or contractor must be provided or approved in writing by the Company director prior to the inspection taking place.
8.6 All costs incurred by the Company as a result of an invalid warranty claim must be borne by the Customer who originally placed the order for the Goods concerned.
9. Termination
9.1 In the event of:
a entry by the Customer into a deed of arrangement
b the failure by the Customer to comply with any statutory demand served on it under the Insolvency Act 1986
c the making of voluntary arrangement between the Customer and its creditors under the Insolvency Act 1986
d the obtaining of any judgment against the Customer, or levying of the distress of execution on any premises owned or occupied by the Customer
e the appointment of a receiver or an administrative receiver (whether by a court or out of court) in relation to the whole or part of the Customers property
f the presentation of a petition for the winding-up of the customer or the making of an Administrative Order; or
g the commission by the Customer of any breach of these conditions or any other of to the contract provision of goods or services the Company may without notice terminate the contract with liability to the Customer
9.2 Any such termination (however occasioned) shall not affect any accrued rights or liabilities of the Company, and, in particular, the Company’s right to be paid for goods delivered or services performed prior to such termination and to damages generally.
10. General
10.1 Specifications, dimensions, and other product details are stated in good faith and the Company will endeavor to ensure that the Goods supplied to the Customer comply with such specifications, dimensions, or other product details. However, it may not be possible for the Company to control minor deviations from specifications, dimensions, and other product details and therefore it reserves the right in such cases to supply goods of a substantially similar specification or dimension.
10.2 In the event that any condition or part thereof shall be in breach of or be unenforceable under any rule of law or legislation it shall be of no effect but all other conditions shall remain in full force and effect and shall be serviceable from such offering condition or part of.
10.3 The Company shall not be liable to the Customer or be deemed to be in breach of Terms and Conditions by reason of any delay in performing, or failure to perform, any of the Company’s obligation in relation to the Goods if the delay or failure were to any cause beyond the Company’s reasonable control.
10.4 The Company may assign this contract, or any claims arising, therefore, to third parties without the Customers consent. The Company reserves the right to sub-contract any order or part of an order.
10.5 The Customer shall upon demand indemnify the Company against all loss, damage, injury, costs and expenses (including without limitation professional fees incurred) suffered by the Company to the extent that the same are caused or related to the improper incorporation, assembly, use, processing, storage or handling by the Customer of Goods supplied by the Company.
10.6 If any Goods supplied to the Customer prove on inspection, either before, during or after use, to be defective in material or manufacture, the Company undertakes at its option to replace the same or refund to the Customer the price of the Goods and in no circumstances will liability exceed the cost of the replacement or the price paid by the Customer for the Goods.
10.7 Any notice, request, or demand to be given hereafter shall be given in writing by post sent of the last known address of the party to be notified, and shall be deemed to have been given on the day following that which it was posted
Website Terms of Use
Introduction
In these Terms of Use, references to we, us or our (or words of similar import) means Mortuary Equipment Direct Limited, a limited company registered in England COMPANY NO. REG NO: 12086912, whose registered office is Unit 1 Lodge Farm Hook Road, North Warnborough, Hook, England, RG29 1HA.
In these Terms of Use, references to you mean the person accessing and using the Website (as defined below). If you use this Website on behalf of a company, organization, or other entity, then (i) you include yourself and that company, organization, or other entity, and (ii) you represent and warrant that you are authorized to bind the company, organization or other entity to these Terms of Use and that you agree to these Terms of Use on behalf of yourself and the company, organization or other entity.
This website www.mortuaryequipmentdirect.com is operated by us (or on our behalf). These Terms of Use set out the basis on which you may make use of our Website. By accessing and using our Website, you are indicating your acceptance of these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, you may not use this Website.
The supply of any goods, products, or services you order from the Website is subject to our applicable Terms and Conditions of Sale and Supply & Install Terms and any other relevant terms and conditions. We will use your personal information in accordance with our Privacy Policy.
We reserve the right to change these Terms of Use from time to time without prior notice by changing them on this Website. The Terms of Use applicable to your use of our Website will be those in force at the time you access the Website.
Accessing our Website
We do not guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router, or any other internet-connected device associated with this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack, a distributed denial-of-service attack, or otherwise.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses, and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the safety and reliability of data input and output.
From time to time, we may restrict access to certain features or parts of the Website, or the entire Website. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility, or discontinuance of this Website or any service available on or through this Website.
Using our Website
You must not use this Website for any activities that breach any laws, infringe any person’s rights, or breach any standards, content requirements, or codes published by any relevant authority. You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
You must not use this Website in any way that interferes with our systems, other users or harasses, menaces, or harms anyone.
You must not use this Website to make any speculative, false, or fraudulent orders.
Intellectual property rights
This Website consists of images, illustrations, graphics, video sequences, sounds, text, photographs, tools (including calculators), formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material), some of which constitutes User Content (which is discussed further below). All copyright and other intellectual property rights in the Website and the Material are either owned exclusively by or are licensed to us or one of our affiliates or partners.
Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us, our affiliates, our partners, or our or their licensors. You must not assert or attempt to obtain any such rights.
You acknowledge our (and our affiliates’ and partners’) rights to the Material. Save as provided elsewhere in these Terms of Use or otherwise permitted under law, you must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through this Website. Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice.
You may use, and download and print extracts from, this Website for your own personal use only to the extent necessary to utilize the Website and the services offered through it. If you are a Trade customer, you may use, and download, and print extracts from, this Website solely to the extent necessary to utilize the Website and the services offered through it to provide services to your customers. No right, title, or interest in any downloaded Material is transferred to you. You may not make any other use of Material on this Website under these Terms of Use. Except as expressly set out in these Terms of Use or otherwise permitted under law, you are not allowed to copy (whether by printing onto paper, storing on disk, or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any Material contained in this Website.
Except as expressly set out in these Terms of Use or otherwise permitted under law, you are not allowed to copy or use any Material on this Website for any commercial purpose.
You are not allowed to remove any copyright, trademark, or other intellectual property notices or watermark contained in the original Material or from any material copied or printed from the Website.
The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use, and you must (at our option) return or destroy any copies of the materials you have made pursuant to rights granted under these Terms of Use.
This Website also contains certain of Mortuary Equipment Direct’s (or an affiliated company’s) trademarks (whether granted or applied for), graphics, logos, and service names. The Products / Services are owned exclusively by us or the affiliated company’s Product / Services and may not be copied or reproduced in any format (save as expressly provided elsewhere in these Terms of Use), or used in connection with any product or service without our prior written consent. All other trademarks not owned by us or our affiliated companies that appear on this Website are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us or our affiliated companies and you must not use those trademarks without the permission of the respective owners.
User-generated content
Certain features of this Website (including the Ratings and Reviews section) may allow you or other users to upload and publish materials, reviews, images, content, and information to the Website, create bespoke materials or designs, and/or save customized content (collectively, User Content). Where you upload, publish or otherwise store User Content through this Website you are responsible for ensuring that you have any and all necessary rights, licenses, and permissions to use that User Content. We will not be responsible for any use of information, materials, or content not provided by us. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.
Any User Content you upload to the Website will be considered non-confidential and non-proprietary, and you grant us the right to, and (to the extent necessary for us to grant the rights granted under these Terms of Use) to permit third parties to, use, copy, host, display, publish, distribute and disclose to third parties (including, in each case, on or through our, and our affiliates’, social media accounts) the User Content. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their rights (including their intellectual property rights or their right to privacy).
The views expressed by other users on our Website (in particular in product reviews) do not represent our views or values and do not form part of any product description.
Any designs, plans, or other similar materials created by you using this Website will be owned by us and may only be used by you in connection with a quotation or order for goods and/or services from us and/or the provision of goods and/or services by us to you. You assign to us all right, title, and interest (including any intellectual property rights) in and to any designs; plans, or other similar materials created by you using this Website (and agree to sign any document at our request and our reasonable expense to give effect to this assignment).
You waive all moral rights to the User Content.
Where you are acting as a business user, we accept no liability or responsibility for any loss, damage, or injury (including loss of revenue, sales, income or profits, loss of business, loss of opportunity, business interruption, contracts, goodwill, or reputation (in each case whether direct or indirect), and any indirect or consequential loss) arising as a consequence of the display of any User Content on the Website.
Accuracy of information
This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material (in particular, User Content) on the Website is not intended to amount to advice, authority, or a representation on which reliance should be placed. We make no promise and give no assurance that any information or a representation is accurate, complete, or up to date. To the extent permitted by law, we accept no liability or responsibility for any loss, damage, or injury arising as a consequence of any reliance placed upon any Material, whether by a visitor to the Website or by anyone who may be informed of its contents.
On-screen Video Guides and How-to Manuals
Without limiting the provisions of the section entitled Accuracy of information, this Website may from time to time contain film Video Guides, How to Manuals, and other guides (collectively, Guides) that are provided for general information and background purposes only. The Guides should not be relied upon as advice or as the sole source of information on how to complete a task.
Before commencing any task please: assess the risks associated with what you are about to do – taking any necessary precautions; and read and follow all manufacturer’s instructions relating to the equipment, products, or task you are about to use or carry out. If you are in any doubt, please stop and seek advice from a professional.
The tasks shown in the Guides should not be attempted by anyone under the age of 18 or who is inexperienced. Some tasks (for example, tasks like fitting shelves) should only be carried out by qualified professionals.
To the extent permitted by law, Mortuary Equipment Direct accepts no liability for any loss, damage, or injury arising as a consequence of any reliance placed upon the Guides, whether by a visitor to the Website or by anyone who may be informed of their contents.
In relation to the Video Guides, all references are correct at the time of filming.
Links to and from this Website
From time to time we may also establish relationships with third parties that will enable you to access the websites of such third parties directly from our Website. Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. The inclusion of these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.
You may not link from another internet site to any page on this Website without our prior written consent and after entering into such agreement as we may require. We are not responsible for external websites that link to this Website.
Liability
If you are acting as a consumer
If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade, or profession) in your use of our Website, to the extent not prohibited by law, we accept no liability for any:
• loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started to use our Website);
• loss which arises when we are not at fault or in breach of these Terms of Use; and
• business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity, and other similar losses).
If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Terms of Use is intended to limit your legal rights as a consumer. For further information about your legal rights, you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
If you are acting as a business user (including Trade customers)
If you are acting in the course of a business, trade, or profession (including Trade customers) in your use of our Website (a business user), we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) and offer no promises or assurances in relation to the Website or its content (including the Material), to the fullest extent such liability, promises and assurances can be excluded by law, and to the fullest extent permitted by law, all promises, assurances and other terms implied by law are excluded. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise), except for any refund we make under any other agreement between us or otherwise at our discretion.
If you are acting as a business user in your use of our Website, without prejudice to the preceding paragraph, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) for any of the following losses:
• loss of data, loss of revenue, sales, income or profits, loss of business, loss of opportunity, loss of use or production, business interruption, contracts, goodwill or reputation (in each case whether direct or indirect); or
• any indirect or consequential loss.
If you are acting as a business user in your use of our Website, you will indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs, and expenses arising out of, or in any way connected with, use of this Website by you or any other person using your login information.
Liability provisions that apply whether you act as a consumer or business user
We will not be liable to you where the performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
We will not be liable for the accuracy and suitability of (i) design and quotation tools (including calculators) on this Website and (ii) designs, plans, or other similar materials created using this Website or the design or quotation tools hosted on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any work based on such tools, designs, plans, or similar materials. You (or your installer if you have engaged one) must ensure that any goods (including their dimensions) and/or services that you purchase based on such tools, designs, plans, or similar materials are appropriate for your project.
Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law.
Contacting us
To contact us (including to discuss any complaint), please see our Contact Us page on the Website. Any formal legal notices should be sent to us at the postal address specified in the Introduction section of these Terms of Use, marked for the attention of the Company.