Terms & Conditions

Terms & Conditions of trade for Harry Dalby Engineering Ltd E-commerce website. By using this site, you agree to these terms, if you do not agree you may not use this site. Harry Dalby Engineering Ltd reserves the right, at any time to modify, alter or update these terms of use and you agree to be bound by such modifications, alterations or updates on subsequent visits. 
1. Definitions 
1.1 "the buyer" means any person firm or company buying goods from us. 
1.2 "the seller" means Harry Dalby Engineering Ltd trading as Dalby Direct Filters (DDF)
1.3 "these conditions" means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by the seller with the buyer. 
1.4 "products" means the goods supplied by the seller to the buyer. 
1.5 any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 
1.6 the headings in these conditions are for convenience only and will not affect their interpretation. 
2. The agreement between the buyer and seller 
2.1 These conditions shall apply to all contracts for the sale of products by the seller to the buyer to the exclusion of all other terms and conditions which the buyer proposes should apply under any purchase request or order, confirmation of order or any similar document. 
2.2 No variation to these conditions shall be binding upon the seller unless that variation has been agreed in writing by the sellers authorised representatives and the buyer. 
2.3 The seller’s employees or agents are not authorised to make any representations concerning the product unless confirmed by the seller to the buyer in writing. In entering into any contract to buy products the buyer acknowledges that the seller does not rely on any such representations which are not so confirmed. 
2.4 Any advice or recommendation given by the seller or their employees or agents to the buyer or their employees or agents as to the storage, application or use of any product which is not confirmed in writing by the seller is followed or acted upon entirely at the buyers own risk and the seller will not be liable for any such advice or recommendation which is not so confirmed. 
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by the seller will be subject to correction without any liability on the seller’s part. 
2.6 Dispatch or delivery of the product by the seller to the buyer will be deemed to be conclusive evidence of the buyer’s acceptance of these conditions. 
2.7 All orders for products shall constitute an offer by the buyer to purchase those products from the seller pursuant to these conditions. 
2.8 All specifications, dimensions, descriptions and illustrations contained in any sales literature, quotation, or pricelist or other advertisement matter are intended merely to present a general idea of the product that we sell. The seller reserves the right from time to time to make changes to these provided that these changes will not materially affect the quality or fitness for purpose of the product you purchase from the seller. 
3. The Price and Payment 
3.1 Unless otherwise stated the price for the product shall be the price stipulated on the sellers published price list current at the date of order of the product. The price is exclusive of VAT. 
3.2 If the seller gives the buyer a price for any product this will be binding on the seller provided the buyer accepts the price within 30 days. The seller may by giving the buyer notice at any time up to 7 days before delivery increase the price of the product to reflect any increase in the cost to the seller which is due to factors occurring which are beyond the sellers reasonable control (including without limitation foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). The buyer may cancel the purchase order for the product within 7 days of any such notice. The price is inclusive of VAT. 
3.3 The price for the product must be paid in full at the time of ordering by any one of the following methods:- (i) credit card(ii) debit card 
3.5 If any bank charges are incurred as a result of failure for any reason of the buyer paying bank to honour any payment made by the buyer, the buyer will reimburse the seller within 7 days of such charges being notified to the buyer and any such sums shall constitute a debt payable immediately on demand. 
3.6 If the buyer fails to make any payment on the due date then without prejudice to any other remedies the seller has, we may: - 
3.6.1 suspend or cancel deliveries of any goods to the buyer; and/or 
3.6.2 appropriate any payment made by the buyer to such goods (or any other goods supplied or to be supplied to the buyer as we in our sole discretion think fit). 
3.8 Payment of the price is of the essence. 
4. Delivery of the product 
4.1 the seller will deliver the product to the address specified by buyer provided that address is within the United Kingdom Mainland. 
4.2 The seller reserves the right to charge a reasonable fee for any delivery that the buyer cancels once a delivery date has been agreed. The buyer must pay this to the seller before the seller will make any further attempt to deliver the product. 
4.3 It is the buyer’s responsibility to ensure the buyers own availability to take delivery once a delivery date has been agreed. It is also the buyer’s responsibility to ensure there is adequate access to the premises where the product is to be delivered. If either the buyer or someone on the buyer’s behalf is not available to take delivery or if as a result of inadequate access for any reason the seller is unable to deliver the product the buyer may be required to pay a further delivery charge before any further attempt to deliver the product is made. The seller reserves the right to retain all delivery charges once a delivery date has been accepted. 
4.4 Any dates the seller gives the buyer for delivery of the products are approximate only and the seller will not be liable for any delay in or non-delivery of the product however this is caused. The product may be delivered by the seller in advance of any estimated delivery date upon reasonable notice. 
4.5 The seller does not accept liability for any loss or damage of any kind suffered by the buyer in consequence of any failure or delay in delivery. 
4.6 The product will be at the buyer’s risk from delivery which shall be deemed to have taken place: - 
4.7.1 if the seller has delivered the product, when they are unloaded from the seller’s transport and (where reasonably practicable) placed in the property specified by the buyer or unloaded into the possession of the buyers nominated carrier. Any such carrier will be deemed to be the buyer’s agent.  
5. Ownership of the Product 
5.1 Ownership of the product will not pass to the buyer until we have received in cleared funds payment in full of the price of the product together with any delivery or other charges the buyer is required to pay. 
5.2 Where the contract between the seller for the sale and purchase of the products has been cancelled for any reason the goods will become the property of the seller (where ownership has already been transferred to the buyer) though the buyer must take reasonable care of the product until the seller has collected them from the buyer. 
6. Bringing a Claim 
6.1 the seller requires that you inspect the product as soon as reasonably possible after delivery. The buyer must notify the seller within two working days of delivery of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The buyer must allow the seller an opportunity to inspect the product within a reasonable time after delivery and before the buyer makes any use of the product. If the buyer fails to comply with these provisions the product will be conclusively presumed to be in accordance with the agreement between the buyer and the seller and free from any defect or damage which would be apparent on a reasonable examination of the product and the buyer will be deemed to have accepted the product. 
6.2 The buyers remedy shall be limited to requiring the seller to make good any shortage defect damage or failure to comply with description or sample by either replacing the product or, if the seller elects to do so, by refunding a proportionate part of the price. 
7. Cancellation 
Once an order for a product has been accepted it can only be cancelled in the seller’s absolute discretion and subject to such terms as the seller shall impose. 
8. Returns Policy 
8.1 Goods will be accepted for return if the seller is notified within 7 days of delivery and if the packaging is unopened and the product is in a saleable condition. Return shipping will be at the cost of the buyer. 
8.2 Refund for returned items will be processed within 14 days of receipt and after inspection by the seller of the goods that verifies the packaging has been unopened and the goods are in a saleable condition.
8.3 Cut to size filters may only be returned with the express permission of seller which will only be given if the seller believes they have a reasonable chance of reselling the special size filters. Alternate options for return for partial refund may be offered by the Seller if the Seller believes it can resell the filters if they are cut to a smaller size.
8.4 Goods ordered in error may only be returned in compliance with the terms above.
9. Limitation of Liability
9.1 The Company will have no liability for any consequential loss arising out of any damage in transit shortage of delivery or loss of goods.
9.2 save as otherwise provided in these conditions the Company's liability in respect of any defect in or failure of goods supplied or work done is limited to replacing or (in its discretion) repairing or paying for the repair or replacement of goods which, in the case of defects apparent upon inspection, within 28 days or delivery and (in the case of defects not so apparent) within 12 months of delivery to the Customer, by reason of faulty or incorrect design workmanship parts or materials are found to be defective or fail or are unable to perform in accordance  with the contract and carrying out again any services  which the Company is found within 1 month of completion of such services to have failed properly to perform in accordance with the contract.
ii) in the event of any error in any weight, dimensions, capacity, performance or other description which has formed a representation or is part of a contract the Company's liability in respect of any direct loss or damage sustained by the Customer as a result of such error shall not exceed 25% of the price of the goods in respect of which the description is incorrect.
iii) conditions precedent to the Company's liability hereunder shall be that as soon as reasonably practicable the Customer shall have given to the Company reasonable notice of the defect, failure or error and shall have provided authority for the Company's servants or agents to inspect the goods.
iv) the Company shall have no other or further liability in respect of any direct or consequential loss or damage sustained by the Customer arising from or in connection with any such defect failure or error as aforesaid.
9.3 Where to Company agrees to repair or replace goods in accordance with the foregoing provisions of this paragraph or otherwise any time specified for delivery or for the provision of any services under the contract shall be extended for such period as the Company may reasonably require.
9.4 For the purpose of sub-clause b) hereof the expression "work done" shall, without prejudice to its generality, include all work done in connection with design, manufacture, treatment, testing, delivery, erection, installation, repair or servicing of any goods or preparation or provision of any information or advice.
9.5 All goods sold by the Company are supplied with the benefit of the terms implied by section 12 of the Sale of Goods Act 1979.  Subject thereto, and whether or not the contract is a contract of sale, all other conditions, warranties and other terms expressed or implied, statutory or otherwise, are expressly excluded, save insofar as contained herein or as otherwise expressly agreed by the Company in writing PROVIDED that if and insofar as any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the contract any term or shall have made unenforceable any attempt to exclude any such term, the foregoing provisions of this paragraph will not apply to any such term.
10.1 Negligence
10.1The Company shall not be liable to the Customer in negligence.
10.2 In the event of any negligence or wilful default on the part of its servants, agents or sub-contractor in or in connection with the supply of any goods or the design or manufacture thereof or in the carrying out of any work the Company shall have no liability to the Customer save as otherwise provided in these conditions.
10.3 For the purpose of sub-clause b) hereof the expression "the carrying out of any work" shall, without prejudice to its generality, include the carrying out of all work done in connection with design, manufacture, treatment, testing, delivery, erection, installation, repair or servicing of any goods or in preparation or provision of any information or advice.
10.4 This clause shall have effect subject to the provision of section 2(1) of the Unfair Contract Terms Act 1977. 
11. Use and Safe Handling
11.1 The Customer warrants that it will pass on to all third parties to whom it may supply the goods or any of them all information as the use and safe handling of such goods as may have been provided to the Customer by the Company.
12. General
12.1 The proper law of all contracts with the Company shall be English law which shall govern in all respects the construction and effect of such contracts and of these conditions.  The Customer agrees that in the event of any dispute arising out of the contract or the performance thereof he will submit to the jurisdiction of the English court.
12.2 The headings of the paragraphs of these conditions are for ease of reference only and shall not affect the interpretation or construction thereof.
12.3 If any provision of these contracts is or becomes illegal, void or unenforceable for any reason, the validity of the remaining provisions shall not be affected.
12.4 Failure by the Company to enforce strict compliance with these conditions by the Customer will not constitute a waiver of any of the provisions of these conditions.
12.5 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.