These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information About Us
1.1 We operate the website www.nabicvalves.com. We are Crane Limited, a company registered in England and Wales under company number 00098677 and with our registered office at Crane House Epsilon Terrace, West Road, Ipswich, Suffolk IP3 9FJ. Our VAT number is GB243188267.
1.2 You may contact us by telephoning our customer service team at +44 (0)1462 443322 or by e-mailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are subject to reasonable variation.
2.3 The packaging of the Products may vary from that shown on images on our site.
3. Use of Our Site
3.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How We Use Your Personal Information
5. Your Status
5.11 By placing an order through our site you warrant that:
(a) you have authority to bind any business on whose behalf you use our site to purchase Products; and
(b) you are placing an order as a business and not as a consumer (if you wish to purchase Products as a consumer please contact us direct).
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6. How the Contract is Formed Between You and Us
6.1 To place an order on site, select the Product of your choice and go through the checkout procedure. Our site will guide you through the steps you need to take to place an order with us.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. After placing an order, we will confirm such acceptance to you of your submitted order by sending you an email that confirms that your order for the Product(s) has been accepted (Order Confirmation). The Contract between us will be formed only when we send you the Order Confirmation.
6.4 The Contract will relate only to those Products within an order which we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
6.5 Products are sold subject to availability. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 9.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged within 10 working days of the confirmation email.
7. Our Right to Vary These Terms
7.1 We have the right to revise and amend these Terms from time to time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payments methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8.1 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for delay of the delivery of your Products that is caused by a Force Majeure Event, your failure to provide us with adequate delivery instructions or any delays in manufacturing and despatch that are relevant to the supply of the Products.
8.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us within your order and the Products will be your responsibility from that time.
8.3 You may place an order for Products from outside the United Kingdom, but this order must be for delivery to an address in the United Kingdom.
9. Price of Products and Delivery Charges
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
9.2 The price of a Product is exclusive of VAT and delivery costs, which will be added to the total amount due as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Policy. We may not be able to offer all delivery options in all address in the United Kingdom.
9.3 Prices for our Products may change from time to time, but changes will not affect any order in respect of which we have already sent you an Order Confirmation.
9.4 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide a Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.1 You can only pay for Products using Mastercard and Visa debit and credit cards.
10.2 Payment for the Products and all applicable delivery charges is in advance. We will take the payment when we accept your order for the Product(s).
11. Risk and Title
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including all applicable delivery charges.
12.1 If you wish to cancel an accepted order please email us as soon as possible at [email protected] quoting your order number.
12.2 For next day delivery options, if you email us within one (1) hour of your order being placed and the accepted order has not been dispatched we may be able to stop it.
12.3 For other delivery options, if you email us within twenty-four (24) hours of your order being placed and the accepted order has not been dispatched we may be able to stop it.
12.4 If your email is received between 14:00 and 15:00 GMT, the accepted order may have entered our dispatch process and we may not be able to stop the accepted order from being dispatched.
12.5 If we are unable to stop the accepted order from being dispatched, you will have to follow the returns procedure set out in clause 13.
13. Returns & Refunds
13.1 If an item is damaged, faulty or not what you ordered, please email us a completed Returns Form within ten (10) days of receiving the Product. We will use reasonable endeavours to contact with you within twenty-four (24) hours. It can then be returned to us within ten (10) days of notification provided the Product has been unused, is returned in the same condition in which you received it, including being in its original packaging for exchange or refund. We will ask you to return it by recorded post. We will reimburse you for the original delivery charges you paid and any reasonable costs incurred in returning the item to us (provided the method of return has been agreed by us prior to return) during this period.
13.2 If you wish to return or exchange an item where we are not at fault, please email us a completed Returns Form within two (2) days of receiving the Product. We will use reasonable endeavours to contact with you within twenty-four (24) hours. It can then be returned to us within ten (10) days of notification provided the Product has been unused and is returned in the same condition in which you received it, including being in its original packaging which must not be damaged or opened, for exchange or refund at our sole discretion. We will ask you to return it by recorded post. We will reimburse you for the original delivery charges and the invoice value of the order but with a deduction of the thirty percent (30%) restocking charge. If a Product is not returned in a fully resaleable condition, we reserve the right to refuse a refund.
13.3 When you return a Product to us we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within ten (10) days of the date we confirmed to you via e-mail that you were entitled to a refund.
13.4 We will usually refund any money using the same method originally used by you to pay for your purchase.
13.5 Except as set out in clause 13.1, we will not accept returns or exchanges on the following Products:
13.5.1 N-362 pressure gauge tester;
13.5.2 N-363 pressure gauge tester;
13.5.3 N-364 pressure gauge tester; or
13.5.4 Safety relief valves with special viton seat seal.
14 Our Warranty for the Products
14.1 Subject to clause 14.2, the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free of defects in material and workmanship for a period of 60 months from delivery
14.2 Should any valve fail to perform its mechanical function, due to causes other than corrosion, arising from manufacturing defects within the warranty period, it will be replaced. Replacement of the goods shall constitute the limit of the Company’s responsibility and liability in respect thereof and the Company shall not be liable for any injury, loss, damage, consequential losses or expense whatsoever, howsoever caused or occasioned, and whether or not by reason of the negligence of the Company, its servants, officers or agents.
This warranty in clause 14.1 is provided subject to the following conditions having been met:
14.3 Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (as defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
14.4 Where the Goods are sold under a consumer transaction (as defined by the Sale of Goods Act 1979) the statutory rights of the Buyer are not affected.
14.5 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with their specification shall be notified to the Seller within 7 days of the date of the delivery or (where the defect or failure was not apparent on reasonable inspection) within 48 hours after discovery of the defect or failure. If a Buyer does not notify the Seller accordingly then the Seller shall have no liability for such defect or failure.
14.6 The Seller shall not be liable to a Buyer or be deemed to be in breach of an Order by reason of any delay in performing or any failure to perform any of the Seller's obligations in relation to the Goods if the delay or failure was due to any cause beyond the reasonable control of the Seller.
14.7 Information on [www.nabicvalves.com] may contain inaccuracies or typographical errors. Information and product specifications may be changed without notice. No warranty is given that the information on [www.nabicvalves.com] is accurate, complete or current. [www.nabicvalves.com] may be temporarily unavailable from time to time. Nothing on [www.nabicvalves.com] shall be construed as a condition, warranty or representation.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
15.2 Nothing in these Terms limits or excludes our liability for:
15.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4 defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1 any loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings;
15.3.5 loss of goodwill; or
15.3.6 any indirect or consequential loss.
15.4 Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products under that Contract.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Force Majure
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event.
16.2 Force Majeure Event means any act or event beyond our reasonable control including, without limitation:
16.2.1 acts of God, flood, drought, earthquake or other natural disaster;
16.2.2 epidemic or pandemic;
16.2.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
16.2.4 nuclear, chemical or biological contamination or sonic boom;
16.2.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
16.2.6 collapse of buildings, fire, explosion or accident;
16.2.7 any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);
16.2.8 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.9 non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and
16.2.10 interruption or failure of utility service.
16.3 Our obligations under a Contract will be suspended for the period that the Force Majeure Event continues, and the time for performance of our obligations will be extended for the duration of that period.
16.4 Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
16.5 You may cancel a Contract affected by a Force Majeure Event which has continued for more than thirty (30) days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
17.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the third day after posting or if sent by e-mail, two (2) days after transmission.
17.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19. Transfer of Rights and Obligations
19.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
19.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.3 You may not transfer any of your rights or obligations arising under a Contract, without our prior written consent.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20. Third Party Rights
20.1 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21. Entire Agreement
21.1 These Terms and any document expressly referred to in them represents the entire agreement between us in relation to the subject matter of any Contract and supersedes any prior agreements, promises, assurances, warranties, representations and understandings between us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any statement, representation, assurance or warranty (whether made innocently or negligently) given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract and the other party’s only remedy shall be for breach of contract as provided in these Terms.
21.4 Nothing in this clause shall limit or exclude any liability for fraud or fraudulent misrepresentation.
22.1 If any of these Terms or any provisions of a Contract becomes invalid, illegal or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
23. Governing Law and Jurisdiction
23.1 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
23.2 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
11122804.V2 Birketts - January 2016