Trading Address: Elmstok Ltd, 4-6 Algores Way, Wisbech, Cambridgeshire, PE13 2TQ
Telephone: 01945 463434
Registered address: 27-29- Old Market, Wisbech, Cambridgeshire PE13 1NE
Registered in England & Wales: 08389442
VAT Number: 324 5454 68
These terms and conditions of sale apply to agreements to the sale of goods by Elmstok Ltd to its customers via the Elmstok Ltd website. By proceeding to place an order for goods on the Website, the customer agrees to the following terms and conditions. No variations to these terms and conditions will be binding unless expressly agreed in writing by an authorised representative of Elmstok Ltd.
In these Terms and Conditions of business, the following meanings shall apply:
1.1 'you' means the customer purchasing products from Elmstok Ltd;
1.2 'we' and 'us' and 'our' refers to Elmstok Ltd
1.3 'Force Majeure' means an event or sequence of events beyond Elmstok Ltd's reasonable control preventing or delaying it from performing its obligations under the agreement with the customer for the supply of Products including (but not limited to) and act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required by for performance of the agreement;
1.4 'Order' means an order placed by the customer for Products via the Website;
1.5 'Products' means the goods sold to the customer by Elmstok Ltd;
1.6 'Website' means the website of www.elmstok.co.uk operated by Elmstok Ltd which has facilities for customer to place Orders for Products.
2.1 Products Ordered: This website contains a brief description of the products we sell. If you have any further questions regarding the products, please call us or email before you place the order.
2.2 Product Availability: All Products are subject to stock availability. We may show stock figures on the Website as a guide to current stock, however we cannot guarantee availability of items based on the stock figures shown. We will always contact you should there be a shortage in stock levels.
2.3 Price of Products: All prices displayed for products on the Website are exclusive of VAT and delivery. The total price of your order including VAT and delivery will be shown at the 'Checkout' page of the Website before the order is placed. VAT is charged at the rate ruling at the date of sale.
2.4 P.O.A. Products: P.O.A. stands for 'Price On Application', therefore these items cannot be purchased online and can only be purchased by phone by calling us on 01945 463434. There may be occasions where P.O.A. shows the Product's price as £0.00. In these circumstances, any Products attempted to be purchased will be voided.
3.1 Where machines are returned under warranty, they will be repaired or replaced in accordance with the manufacturer's conditions. Elmstok Ltd shall exercise its sole discretion in decided whether to repair or replace the item returned under Warranty. Warranty DOES NOT INCLUDE routine service work or repairs necessitated by misuse.
3.2 All machines under 50kgs are return to base items, including machines under warranty. Customers are responsible for returning machines.
4.1 Your Order is an offer to us to purchase the Products you have selected on the Website. We must receive payment of the whole price of the Products (plus VAT and any delivery charges) before we can accept your order. Once payment has been received by us, we will send you an email confirming acceptance of your Order. Our acceptance of your Order brings a legally binding contract between us. You agree to the confirmation of the Order being sent to you via email to the email address supplied when placing the Order on the Website.
4.2 We reserve the right at all times to reject any Order in whole or in part at our sole discretion.
4.3 Products remain the property of Elmstok Ltd until we receive full payment in full by cleared funds from you.
4.4 Risk in the Products will pass to you when delivered to the location specified in your Order at which point we will not be liable for any loss of or damage to the Products. However, if you choose to arrange your own carrier for delivery, risk in the Products will pass to you once the Products are delivered to such carrier.
5.1 Except in respect of death or personal injury caused by Elmstok Ltd negligence, Elmstok Ltd shall not be liable to the customer by reason of any breach of any implied warranty, condition or other term, or any duty of common law, or under the expressed terms of the Agreement. For any direct or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Elmstok Ltd, its employees of agents otherwise) which arise out of or in connection with performance under this Agreement except as expressly provided for herein.
5.2 Elmstok Ltd shall not be liable for any loss or damage whatever due to failure by Elmstok Ltd to deliver the goods or services (or any of them) promptly or not at all. Notwithstanding that Elmstok Ltd may have delayed or failed to deliver the goods or services (or any of them) promptly the customer shall be bound to accept delivery and pay for the goods in full provided that delivery shall be tended at any time within 10 days of the date agreed for delivery.
5.3 In any liability that Elmstok Ltd may have to the customer shall be subject to a maximum sum of the sums payable by the customer to Elmstok Ltd only in relation to this sale and supply agreement.
5.4 Every reasonable effort will be made to complete a service repair in a reasonable time but Elmstok Ltd shall be under no liability to the Customer whatever nature including without limitation loss of profit occasioned by any delay in performance of the service repair arising out of any cause whatsoever.
6.1 Payment for the Products you wish to purchase (plus VAT and any delivery charges) is required before products can be dispatched to you. Payment can be made through our Website using most major credit cards and debit cards and the cards we accept are displayed on the Website. Payments can also be made by BACs, CHAPS and cheques by contacting us direct. Please note that Products will not be sent until payments have been processed and cleared.
6.2 Invoices in respect of goods supplied are payable on presentation for Customer with approved credit facilities, where payment should be received by the 28th day of the month following the month of invoice. All payments shall be made without deduction or set off. Elmstok Ltd reserves the right in accordance with the provisions of the late payment of Commercial Debts (Interest) Act 1998 to charge interest on overdue accounts at rate of 8% above the base rate of the Bank of England.
6.3 The Customer shall pay for the service repair on collection of the goods unless a credit account with the Company has been approved, in which case the credit terms in clause 7 below shall apply. Payment shall be in a form acceptable to Elmstok Ltd. Whilst in the possession of Elmstok Ltd, shall have a lien over the goods as a security for its charges.
7 Services Repairs and Print Finishing
7.1 Where the Customer's order comprises the supply of services repairs, the following conditions 5.4, 6 and 8 shall apply together with such of the foregoing conditions are capable of applying to such an order.
8.1 If collection of the goods has been requested, the Customer will collect the goods from Elmstok Ltd's premises within seven days of notification that the goods are ready for collection failing which a daily storage charge may be levied at our discretion.
The Customer shall pay for the service repair on collection of the goods unless a credit account with the Company has been approved, in which case the credit terms in clause 6 above shall apply. Payment shall be in a form acceptable to the Company. Whilst in its possession the Company shall have a lien over the goods as a security for its charges.
All prices shown on our website (i.e. in product and category pages) are subject to VAT which will be charged at the rate ruling at the date of sale.
11. Applicable Law
The contract (and any proceedings whereby one party might be entitled to join the other third party) shall in all respects be governed by and constructed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
All conditions, warranties or other items implied by statue to common law are hereby excluded to the fullest extent permitted by law.
Should any term in this contract be held to be invalid, such invalidation will not affect the validity of the remaining terms.
14. Free Gift & Voucher Offers, Including Seasonal (i.e. Christmas, Easter, etc.) Offers
Only one special offer gift/voucher allowed per transaction, per customer.
Offer deals can not be used in conjunction with each other (i.e. only the use of one offer can be used per transaction).
Only valid while stocks last.
Gift images/description may be subject to change or replaced by a similar product.
Online website offers are only valid for online orders.
Discount codes are only valid once per use per company, and the discount is not included on any delivery, training and installation charges. Elmstok reserves the right to withdraw this discount at our own discretion.