SpeedTape

In these conditions ‘Artex’ shall mean Artex Limited, ‘the Goods’ shall mean the products supplied or to be supplied by Artex under any Contract; ‘the Customer’ shall mean the company, firm or person buying the Goods from Artex under any Contract and ‘Contract’ shall mean a contract between Artex and the Customer for the sale of Goods by Artex and the purchase of Goods by the Customer.

All Goods supplied by Artex to the Customer are supplied on the following terms and conditions and no variation of these terms and conditions shall have effect unless expressly accepted by a Director of Artex in writing. These terms and conditions apply to all Contracts entered into by Artex to the exclusion of all other terms and conditions which the Customer may seek to impose whether or not the Customer's conditions are contained in any other document forwarded by the Customer to Artex.

All orders to purchase Goods which are received by Artex from the Customer are subject to acceptance by Artex. No order submitted by the Customer shall be deemed to be accepted by Artex unless and until it is confirmed by Artex in an Acceptance of Order. Once Artex has issued an Acceptance of Order, the Contract between the parties will be formed and it shall be binding on the parties.

If any of the Goods ordered are unavailable or should events occur beyond its reasonable control, Artex reserves the right to cancel the order and shall inform the Customer that this is the case as soon as is reasonably practicable.

The quality quantity and description of the Goods shall be as set out on the Artex website or in the Artex catalogue from time to time. All descriptions, specifications, drawings and particulars of weights and dimensions submitted by Artex or otherwise contained in Artex's price list, published materials or on the Artex website are provided by Artex in the belief that they are as accurate as reasonably possible. The Customer acknowledges that the Goods may not be exactly the same as that description, specification, drawing or particulars and that Artex does not guarantee that these are completely accurate or that the Goods will meet them.

Artex reserves the right to make any changes to the description, specification, weight or dimensions of the Goods which are required to comply with any applicable statutory or EU requirements and which do not materially affect their quality or performance.

It is the responsibility of the Customer to check that all details and aspects of the order as confirmed in the Acceptance of Order are acceptable and suitable for its requirements.

All prices quoted in the Artex catalogue from time to time or on the Artex website are Artex's current prices at the time at which the order is accepted by Artex and are exclusive of VAT unless otherwise stated. The price payable for the Goods shall be the price ruling at the date of despatch and Artex shall be entitled to adjust the price of the Goods at any time between the date on which the order is accepted by Artex and the date on which the Goods are delivered or collected in order to take account of any increase in costs incurred by Artex. [If this is the case Artex will give the Customer the opportunity to affirm the Contract at the increased price or to decline to proceed with the Contract].

Where the Customer places an order for Goods which are to be delivered by Artex or its agent, to the delivery point (as specified in the Acceptance of Order) which is located within the United Kingdom, the delivery charge payable by the Customer will be as follows:

for an order of Goods which does not exceed the value of £10, the Customer will pay to Artex the sum of £2 in respect of delivery of the Goods to the delivery point set out in the Acceptance of Order;

for an order of Goods which exceeds the value of £10 but does not exceed £49, the Customer will pay to Artex the sum of £5 in respect of delivery of the Goods to the delivery point set out in the Acceptance of Order; and

orders of Goods which exceed the value of £50 will be delivered by Artex to the delivery point specified in the Acceptance of Order free of charge.

For the avoidance of doubt, where orders for Goods are to be delivered to a delivery point located outside the United Kingdom all costs and expenses incurred in relation to the carriage and delivery of the Goods will be paid by the Customer.

Delivery of the Goods shall be deemed to have been effected:

Where the Goods are carried in a vehicle owned by Artex or in a vehicle owned by a carrier employed by Artex, when the Goods are unloaded at the point of delivery designated by the Customer at the time of placing the order and as set out in the Acceptance of Order.

In the case of export orders, upon delivery F.O.B. to the Company's nominated port of shipment

In all other cases when the Goods leave Artex's premises.

Time for delivery is not of the essence and Artex shall not be liable for any loss or damage caused by late delivery or non-delivery of Goods.

Artex shall be entitled to make delivery by instalments and to invoice separately for each instalment. Where delivery is made by instalment each instalment shall be construed as the subject of a separate agreement to which all the provisions of these conditions shall apply. Failure of Artex to deliver any one or more instalment of the Goods shall not entitle the Customer to treat the Contract as a whole as repudiated.

If the Customer fails to take delivery of the Goods (or any instalment) for any reason or fails to give Artex adequate delivery instructions at the time of placing the order (other than by reason or any cause beyond the Customer's reasonable control or by reason of Artex's fault) then without prejudice to any other right or remedy available to Artex, Artex may:

store the Goods until actual delivery takes place and charge the Customer for the costs of storage; or

sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price payable for the Goods under the Contract or charge the Customer for any shortfall below the price payable under the Contract.

Where Artex has agreed to defer delivery such delivery shall be accepted by the Customer within six months from the date of the order.

Goods which the Customer agrees to collect ex-works must be collected from the Artex premises within seven days of Artex notifying the Customer that the Goods are available for collection. If the Goods are not collected within this period Artex shall be entitled to charge the Customer for storage of the Goods during such period and the Goods are so stored at the Customer's risk.

Unless otherwise agreed in writing, all export orders will be delivered F.O.B. at a Company nominated British port.

Deviations in quantity of the Goods delivered from those stated on the Contract shall not give the Customer the right to repudiate the Contract, to reject the Goods (save insofar as they materially exceed the amount ordered) or to claim damages for breach of Contract and the Customer shall be obliged to accept and pay for the quantity delivered in accordance with the pricing set out in the Acceptance of Order.

The Customer shall ensure that the point of delivery designated by the Customer and specified in the Acceptance of Order and all access routes to it are reasonably accessible for motor transport and shall also take such further steps as are reasonably necessary to facilitate delivery of the Goods by Artex to that point.

If an import, licence, permit or other authorisation is required for the importation of the Goods into the country of destination, such licence, permit or authorisation must be obtained, or will be obtained prior to shipment.

The price payable for the Goods shall be paid at the time at which the Goods are despatched by Artex. The time of payment of the price shall be of the essence of the Contract.

Where the Customer places his/her order and wishes to make payment for the Goods over the telephone:

he/she shall at the time of placing the order, provide to Artex details of the account from which payment for the Goods shall be made (the ‘Nominated Card’);

once the Customer has placed the order Artex will check to confirm that Artex have sufficient stock of the Goods in order to fulfil the order. Once this has been confirmed, the Acceptance of Order will be issued to the Customer;

unless agreed otherwise in writing by Artex, Artex shall be entitled to deduct payment for the Goods from the Customer's Nominated Card upon despatch of the Goods; and

if payment cannot be effected at the time of despatch of the Goods, then without prejudice to any other right or remedy available to Artex, Artex shall have the right to cancel the order or to suspend any further deliveries to the Customer.

Where the Customer places his/ her order online and therefore wishes to make payment online, payment will be effected through Googlecheckout and in accordance with the following:

once the Customer has selected the Goods that they wish to order from Artex and click [‘Buy Now’] they will be redirected to the Googlecheckout website. In order to ensure the security of the Customers personal information, before payment can be effected for the Goods Googlecheckout will require that the Customer logs in using a username and password. If the Customer does not already have an account with Googlecheckout, they will be able to create one on the site;

once all necessary details have been inserted, including the details of the Customer's Nominated Card, Googlecheckout will contact Artex via email to confirm that an order has been received;

on receipt of that email, Artex will check to confirm that they hold sufficient stock of the Goods in order to fulfil the order. Once this has been confirmed, an Acceptance of Order will be issued to the Customer;

unless agreed otherwise in writing by Artex, Artex shall be entitled to deduct payment for the Goods from the Customer's Nominated Card upon despatch of the Goods; and

if payment cannot be effected at the time of despatch of the Goods, then without prejudice to any other right or remedy available to Artex, Artex shall have the right to cancel the order or to suspend any further deliveries to the Customer.

Risk of damage to or loss of the Goods shall pass to the Customer on delivery of the Goods or where the Goods are to be collected by the Customer or its agent, at the time when Artex notifies the Customer that the Goods are available for collection.

If the Customer wrongfully fails to take delivery of the Goods from Artex, the risk of damage to or loss of the Goods shall pass to the Customer at the time when Artex tendered delivery of the Goods.

The Customer shall inspect the Goods on delivery or on collection as the case may be.

Artex shall be under no liability for any defects or shortages that would be apparent on careful inspection if the terms of this condition 9 are not complied with and in any event will be under no liability unless a written complaint is received by Artex within seven days of the date of delivery or collection of the Goods detailing the alleged defect or shortage.

In all cases where the Customer complains of defects or shortages Artex shall without prejudice to the question of liability generally be under no liability in any event if it has not been given an opportunity to inspect the Goods before they had been used by the Customer.

Where a complaint is received by Artex and Artex, having had the opportunity to inspect the Goods in accordance with condition 9.3, finds that the complaint is reasonable based on faulty design, manufacture, materials or workmanship, Artex shall be entitled to replace the Goods (or the part in question) free of charge or at its sole discretion refund to the Customer the price paid for the Goods (or a proportionate part of the price) but shall have no further liability to the Customer.

Artex warrants that it has title to and the right to sell the Goods.

Subject to these terms and conditions, Artex warrants that the Goods will in all material respects correspond with their description at the time of delivery and will be free from material defects in material and workmanship for a period of [12] months from the date of delivery.

The above warranty is given by Artex subject to the following conditions:

Artex shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions of the Customer, failure to follow Artex's instructions (whether oral or in writing), misuse or alteration or repair of the Goods by the Customer without Artex's prior written approval;

The above warranty does not extend to those parts materials or equipment not manufactured by Artex in respect of which the Customer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer to the Customer.

Subject as expressly provided in these terms and conditions and except where the Goods are sold to a person dealing as a consumer and not in the course of business, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Where the Goods are sold to the Customer acting as a consumer:-

the Goods will be of satisfactory quality;

Artex will not be liable for any loss or damage caused by it or its employees or agents in circumstances where:

there is no breach of a legal duty of care to the Customer by Artex or any of its employees or agents;

such loss or damage is not a reasonably foreseeable result of any such breach;

any increase in loss or damage results from breach by the Customer of any of these terms and conditions; and

nothing in these terms and conditions affects any liability for death or personal injury caused by a breach of a legal duty of care by Artex or for fraud or the Customer's statutory rights as a Consumer.

Where the Customer purchases the Goods from Artex other than as a consumer, Artex's liability in respect of any breach of these conditions and/or any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract shall be subject to the following:

all warranties conditions and other terms implied by statute or common law (save for the conditions implied by the section12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law, excluded from the Contract;

Artex shall not be liable to the Customer 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) which arise out of or in connection with this Contract.

nothing in these terms and conditions however shall exclude or limit Artex's liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

Under no circumstances will Artex sell its Goods by sample and their supply of sample Goods to Customers or prospective Customers is not intended to provide them with a contractual specification of the Goods or to constitute a sale or offer of sale by sample.

Artex gives notice to the Customer that information and product literature is available concerning the conditions necessary to ensure that the Goods supplied against the Contract will be safe and without risk to health when used, handled, processed, stored or transported by a person at work. The Customer should immediately contact Artex if he is not in possession of such information or literature.

The Customer shall not assign or transfer or purport to assign and transfer any Contract to which these conditions apply or the benefit thereof to any other person whatsoever.

Artex shall not be liable for any loss or damage which may be suffered by the Customer as a direct or indirect result of the supply of Goods being prevented or hindered as a result of circumstances outside Artex's reasonable control including for example acts of god, war, riot, explosion, abnormal weather, fire, flood, strikes, lock outs, Government action or Regulation (UK or otherwise) delays by suppliers, accidents and shortages of materials, labour or manufacturing facilities.

The Customer has the right to cancel an order at anytime before the Goods have been delivered or for a period of 7 days starting on the day after the day on which the Customer received the Goods.

If the Goods have already been despatched by Artex the Customer is advised to return them to Artex upon delivery.

If the Goods are returned to Artex within 14 days of the Customer receiving them, the Customer will be entitled to a full refund of any payment made to Artex for the Goods (but not the cost of packaging and transportation).

When returning Goods, they must be accompanies by proof of purchase (a receipt), be unused and in the same condition as they were in at the time of delivery (including all original packaging) otherwise Artex will not be obliged to issue a full refund to the Customer.

If Goods are returned more than 14 days after receipt by the Customer, any refund will be at the sole discretion of Artex and subject to a restocking fee equal to 15% of the value of the Goods.

Artex shall not accept returns of Goods which are made more than [90] days after the date on which they were despatched unless Artex deem them as faulty.

Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to Artex at its address (given above) or such other address as that party may from time to time notify in writing and shall be deemed to have been served and sent by post 48 hours after posting.

Artex is a subsidiary of and trades exclusively as an agent for BPB United Kingdom Limited and Artex may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of its group, provided that any act or omission of any such member shall be deemed to be the act or omission of Artex.

No waiver of Artex of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

All Contracts between Artex and the Customer shall be governed and constructed in accordance with English law and all disputes arising in relation to such Contracts shall be submitted to the jurisdiction of the English courts save that Artex retain the right to take proceedings in any other court of competent jurisdiction.

Headings in these conditions are for ease of reference only and do not from part of the conditions and shall not be deemed to alter or affect the meaning of any of the conditions.