TERMS AND CONDITIONS OF SALE FOR ELECTRIC MOTOR SHOP "EMS" (AN ON-LINE TRADING NAME FOR KB REWINDS)
These terms and conditions shall be solely governed by and interpreted in accordance with English law.
I. General and Definitions
All orders placed with ElectricMotorShop.co.uk are subject to our Standard Terms and Conditions as reproduced below, these terms and conditions apply to all sales, services contracts, quotations, supplies and deliveries of goods by EMS or it’s representatives to the buyer, to the exclusion of all and any standard terms of the Buyer and of all or any other conditions, warranties or terms otherwise implied or expressed.
If any part of these terms and conditions are invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected.
These Terms and Conditions govern the supply of goods sold by KB Rewinds, Unit 1a, Wotton Road, Kingsnorth Industrial Estate, Ashford, Kent TN23 6LN, United Kingdom. Within these terms and conditions the seller KB Rewinds shall be referred to as us and we and the supplier, the customer as you and the buyer and the customer. This agreement shall constitute the entire and only agreement between the two parties in relation thereto. We must accept all orders by delivery of the goods to you at which point a legally binding contract is formed between the two parties. The handling of your payment and order acknowledgment does not constitute legal acceptance of your order by us.
All images displayed on this site are for indication only and may not accurately represent product delivered to customer.
II. Delivery of Product and Services
We aim to deliver your goods or services in accordance with your order. In the unusual event that you do not receive all your goods or services within the quoted delivery time, you must tell us immediately. You must not plan or start any work relating to ordered goods or services until after receipt of your completed order and you have ensured all products and services meet expected quality levels. To avoid damage to goods and for Health and Safety reasons large products may be dropped off at ground floor level. It is the customer’s responsibility at his or her own risk to arrange transport to the final destination if required. Once delivered to you, all goods and services shall be at your risk. Even though delivered to you, title in the goods shall not pass to you until you have paid full price for the goods or services. Until title in the goods or services passes to you, you shall hold the goods or services on a fiduciary basis as bailee.
III. Stock Levels
Although we will always try to hold sufficient goods or services to meet demanded requirements, if for some reason we can not, then at our discretion and with your consent we may supply a similar product or refund you the cost of the ordered goods as soon as possible we may, at our discretion raise a credit for the relevant amount to you.
IV. Payment for Goods and Services
The price of each product or service is as stated on our website at time of order placement. The price may include delivery, which will be clearly set out on our order details. We may change the price of any goods or services due to changing trading conditions but will inform you of this before delivery of order. We reserve the right to accept your order for any goods or services and reserve the right to limit the order quantity. It is possible that an error in price may be displayed on our web site we will not be obliged to sell the goods to you at the incorrectly displayed price. We may revoke credit if you fail to make payment when due. If payment for any goods or service is not received when due, interest on the outstanding amount is payable at 2% per Month above the current base interest rate until all related payments are fully cleared.
V. Return of purchased goods
Once goods have been delivered it is at the discretion of EMS as to whether such goods will be accepted in to the returns procedure, with payment refunded or not. All returned goods must be returned at your cost within 7 working days from date of purchase. On cancellation of an order whatever the reason, you must return the goods to EMS at your cost, and you will be subject to a restocking fee of 40%. However if we agree that you may dispose of them you must comply with the manufacturer's safe disposal recommendations. Where the goods are being returned because they are faulty or incorrect goods, we will meet the cost of transit from you to us, we operate a return to base warranty only (unless otherwise agreed) however we reserve the right to nominate transport courier. Transport for returned faulty goods will only be paid from the point of of our delivery back to us. If you have notified us of a problem with the goods within seven days of delivery, we will either make good any shortage, replace or repair any goods that are damaged or defective at the point of delivery or refund to you the amount paid by you for such goods. We will not be liable to you for any loss of profits, indirect or consequential loss or damage and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. All goods are for use in Great Britain only we make no warranties that goods are suitable for use outside Great Britain, or comply with any laws or standards outside of Great Britain unless otherwise stated.
VI. Liability
Subject to conditions set out in KB Rewinds warranty policy, KB Rewinds shall offer no liability to you for any loss or damage both direct and or indirect resulting from poor workmanship, design defects or faulty materials used during product manufacture, thus no liability will be offered by us for any consequential loss or expenses suffered by you due to the afore mentioned issues. Nothing in these Conditions shall be interpreted as excluding or restricting any legal liability of the Company for death or personal injury resulting from the negligence of the Company, its employees, agents or sub-contractors or restricting any of the Company's legal obligations arising under Section 12 of the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 or under the Consumer Protection Act 1987, the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods. Nothing in these conditions excludes or limits the liability of the supplier for death or personal injury caused by the supplier's negligence or fraudulent misrepresentation. The supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement. Under no circumstances will the supplier be held responsible for additional charges or any other contractor fees that arise because of late, damaged or incorrect delivery of goods.
VII. Warranty
KB Rewinds warrants that the goods shall at the time of delivery correspond to the published specifications when used for the purpose for which goods of that type are normally used. Although KB Rewinds uses every effort to ensure that all products are manufactured or supplied to specification, it is in all cases including repeat orders, for the buyer to ensure by adequate tests or otherwise that the goods are fit and suitable for the purpose for which the buyer requires them and in the specific conditions and on the specific substrate's in which they will be used or applied and to be within such reasonable tolerance and variations as are generally acceptable within the industry. If any of the products are proved to be defective, KB Rewinds entire liability hereunder shall be strictly limited to, replacement at the sellers expense of any products which are proved to the seller's satisfaction to be defective or bringing the products into conformity with the published specifications of the product. The liability of KB Rewinds under the foregoing is conditional upon the buyer conforming with the delivery conditions as laid out by KB Rewinds, goods must be returned to the seller's premises at the cost of the buyer. Replacement goods must be returned from the seller to the buyer at the cost of the buyer. The buyer shall advise KB Rewinds immediately by telephone or email, the buyer giving written notice or by facsimile to KB Rewinds within six days of the alleged defect, the buyer affording KB Rewinds reasonable opportunity to inspect the products, application and site conditions the buyer making no further use of the products that are alleged to be defective after the time at which the buyer discovered or ought to have discovered the alleged defect. While KB Rewinds will use its best endeavors to give instructions, recommendations and advice to a buyer in respect of storage, application and use of the products, it shall be understood that it shall be the responsibility of the buyer to satisfy himself that the intended application of the products is suitable in each particular application and use. Save as stated above all conditions and warranties expressed or implied whether by statute, common law or otherwise as to the conditions or fitness for any purpose of the products are hereby excluded and KB Rewinds shall be under no liability for any direct or subsequent loss or damage howsoever arising, which may be suffered by the buyer by reason of any defect in or failure to perform on the part of the product. The liability of KB Rewinds under this contract shall be limited to any defects which appear in the course of normal usage and application, during the period stated by the product manufacturer which is typically twelve months from the date of delivery to the buyer.
On any engineered system with sub components potentially faulty sub components will be covered within this warranty policy, however any labour needed to replace these will be charged at an agreed rate.
Warrenty Procedure in short
Providing goods are within warranty they must be returned to KB Rewinds at the customers cost. Once the goods are received, they will be inspected & tested. Should the goods prove to be deemed a warranty claim, then a credit will be issued to the original purchase price. Should the goods show general wear and tear due to miss-use or neglect, then the warranty becomes void and the customer is liable to a test & inspection fee plus any carriage costs incurred by KB Rewinds for collection and/or return of the goods.
VIII. Passing of Property
The risk of damage to or loss of goods will pass to the customer when the goods are unloaded from KB Rewinds carriers at the customer's premises. Ownership of the goods shall not pass to the customer until KB Rewinds has received in full (in cash or cleared funds) all sums due from the customer to KB Rewinds on any account whatsoever. Until ownership passes to the customer, the customer must hold the goods on a fiduciary basis as KB Rewinds bailee. If payment is not received in full by the due date, or the customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the customer or an execution or distress is levied against the customer, KB Rewinds shall be entitled, without previous notice, to retake possession of the goods and for that purpose to enter upon any premises occupied or owned by the customer. This web catalogue remains at all times the sole and exclusive property of KB Rewinds.
The expression 'force majeure' shall imply any event or circumstance beyond the immediate control of us and you. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).