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All orders are subject to the terms and conditions set out below.

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Terms & Conditions

"Company" means Environmental & Mechanical Services Limited (registered number: 3373448. Registered office: Sentinel House, 11 High Street, Long Buckby, Northants NN6 7RE trading as EMS, or its permitted assigns.
"Conditions" means these terms and conditions.
"Contract" means any contract between the Company and the Customer for the sale and purchase of Supplies.
"Customer" means the person(s) or company whose order for the Supplies is accepted by the Company.
"Goods" means any goods supplied or to be supplied by the Company to the Customer.
"Services" means any services supplied or to be supplied by the Company to the Customer.
"Supplies" means any goods or services supplied or to be supplied by the Company to the Customer.
"in writing" includes electronic communications.

Conditions
All orders are accepted by the Company subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and the Customer or set out in the Customer's standard terms and conditions. If there is any conflict between the provisions of the order and these Conditions, then these Conditions will prevail unless the Company agrees otherwise in writing. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.

Prices
Prices for Supplies are in £ sterling, exclusive of VAT, which will be added at the time of despatch. The Company reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. Where Supplies are to be made in instalments ('Scheduled Delivery') the price payable for them will be that applicable at the time of acceptance for the total quantity ordered but, where Scheduled Delivery may continue for a period of 60 days or more, the Company reserves the right to charge the Customer further amounts if the price of the Supplies increases before the end of that period.

Payment
Payment is due not later than the end of the month following the month of despatch, without any deductions, withholding or set off. Time for payment is of the essence. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, the Company shall be entitled to:
i. cancel the order or suspend any further deliveries or performance;
ii. appropriate any payment made by the Customer to such of the Supplies (or the Supplies made under any other contract) as the Company may think fit; and
iii. charge interest (both before and after any judgement) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is made in full.
The Company reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Customer. If legal action is taken to recover monies due to the Company then the Company reserves the right to charge the Customer statutory compensation in accordance with the Late Payment of Commercial Debts Regulations 2002. The statutory compensation shall become payable immediately that legal action is commenced, whether demanded or not and may be claimed within the legal action.

New accounts
A Customer wishing to open a credit account must furnish such information as may be requested by the Company and the Company may make a search with a credit reference agency. The Company reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities or reduce or suspend any credit limit at any time.

Orders
The Company reserves the right to decline to trade with any company or person. To avoid duplication, written confirmation of telephone orders must be clearly marked 'Confirmation only'. The Company will not accept liability for orders not so marked and duplicate orders will be charged accordingly. Once accepted, no order may be cancelled without the prior written agreement of a director of the Company. Orders for Goods are accepted by the Company by despatching the Goods.

Delivery
The Company will use all reasonable endeavours to despatch Goods ordered before 3 p.m. Monday to Friday on the same day. Such deliveries are usually offered free of charge but may be subject to the handling charge. The Company reserves the right to levy a delivery and/or handling charge in the amount notified to the Customer prior to despatch for delivery of heavy or bulky items.

Delivery will be made to the address specified by the Customer. The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.

Inspection, defects and non delivery
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in the Warranty/Guarantee below, the Company shall not be liable for any defect in the Supplies unless written notice is given to the Company within 10 days of such date. The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company's place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 5 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Any liability of the Company for non-delivery or non performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition (Inspection, defects and non delivery) will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.

Returns
Except as detailed in the Condition below (Distance selling regulations), no order can be cancelled or accepted for credit without the prior written agreement of the Company. If cancellation/credit is accepted by the Company, the Customer must obtain a returns authorisation number from the Company prior to returning the Goods. Goods must then be returned, at the Customer's risk and expense, for receipt by the Company within 7 days of their delivery by the Company and must be undamaged, in re-saleable condition and in original packaging (which shall include any of the Company's outer packaging). The Customer should return the Goods to "The Returns Department, EMS Ltd Sentinel House, 11 High Street Long Buckby, Northants NN6 7RE" quoting the Customer's account number and order number. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return. Goods returned after 7 days as 'unwanted' or 'incorrectly ordered' may be accepted at the discretion of the Company but will be subject to a restocking fee of 30% of the invoice value of the Goods.

Distance selling regulations
If the Customer is buying as a 'consumer', as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided he or she has taken reasonable care of the Goods and returns the Goods complete, undamaged, in re-saleable condition and in their original packaging (including the Company's outer packaging), return the Goods and be repaid the price paid in respect of them within 7 working days (excluding Saturday and Sunday and any UK Bank Holiday) of their delivery. To return Goods on this basis, the Customer must notify the Company in writing and return the Goods, in their original packaging, within the 7 day period to " The Returns Department, EMSLtd Sentinel House, 11 High Street, Long Buckby, Northants NN6 7RE" quoting the Customer's account number and order number. Goods should be returned first class with proof of posting and the Customer is responsible for payment of all postage costs. Following receipt of Goods which comply with this Condition, the Company will refund to the Customer the price paid in respect of the Goods.

Description
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details contained on this web site are intended to give a general idea of the Supplies, but will not form part of the Contract. If the description of any Goods differs from the manufacturer's description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of details relating to Supplies, but accepts no liability in contract or tort or under statute or otherwise for any error or omission in such detail whether caused by the Company's negligence or otherwise. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.

Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company's carriers (or recieved postal service) at the Customer's premises. Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due in respect of the Goods. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as the Company's 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 is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company 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.

Quality Assurance
All Goods detailed on the web site have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001, unless indicated otherwise on the despatch documentation. Further details can be obtained from our telephone sales office at the time of ordering.

Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Company's negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer's, unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer's risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in the Liability Condition below, the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at the Company's option, the supply of replacement Supplies which are sufficient and suitable.

Warranty/Guarantee
The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods. Not all Goods are supplied with a manufacturer's or Company guarantee and guarantees which may be provided by manufacturers will vary in duration. It is the Customer's responsibility to check at the time of purchase as to the applicability of the Company's guarantee and/or the terms of any manufacturer's guarantee. Where the Company's guarantee is provided, the Company will, free of charge, repair or, at the Company's option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design. This obligation will not apply:

  • if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
  • because the Customer did not follow the manufacturers' instructions for storage, usage, installation, use or maintenance of the Goods;
  • if the Customer has failed to notify the Company of any defect in accordance with Condition "Inspection, defects and non delivery" where the defect should have been reasonably apparent on reasonable inspection; or
  • if the Customer fails to notify the Company of the defect within 12 months (or such other period as the Company shall specify at the time of acceptance of the order for the Supplies) of the date of despatch of the Goods or performance of the Services.
Any replacement Supplies made or Goods repaired under this Condition will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to the Company. The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any repair or replacement under this Condition. The Customer shall ensure that the Company's employees agents and representatives are provided with a safe and secure working environment while at its premises. The Company's sole obligation and the Customer's sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.

Liability
The Company does not exclude its liability to the Customer:

  • For breach of the Company's obligations under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;
  • For personal injury or death arising as a result of the Company's negligence;
  • Under section 2(3) Consumer Protection Act 1987;
  • For breach of the statutory implied conditions in sections 13,14 and 15 of the Sale of Goods Act 1979 where the Customer deals as a 'consumer' as defined in the Unfair Contract Terms Act 1997;
  • For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
  • For fraud, including fraudulent misrepresentation
And nothing in these Conditions shall affect the statutory rights of a Customer who deals as a 'consumer' as defined in the Unfair Contract Terms Act 1997. Except as provided in Conditions (inspection, defects on delivery and non delivery), (performance and fitness for purpose), and (Warranty and Guarantee) and this Condition above, the Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
  • Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by the Company or on part of the Company's employees, agents or sub-contractors;
  • Any breach by the Company of any of the express or implied terms of the Contract;
  • Any use made or resale or on-supply of any of the Supplies or any product incorporating any of the Goods or developed using the Supplies;
  • Any acts or omissions of the Company at the Customer's premises;
  • Any statement made or not made or advice given or not given by or on behalf of the Company; or
  • Otherwise under the Contract
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express (other than those set out in these Conditions) or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer. The Company's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company's option, refunding monies already paid in respect of the Supplies.

Intellectual property rights
The Supplies on this web site may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer's ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. The Company owns full copyright in respect of this web site and its reproduction in whole or part is prohibited without the Company's prior written consent.

Use of Personal Data
"Personal Data" means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Customer or that representative, regardless of how and when that data is provided. The Company may process Personal Data for all purposes contemplate in these Conditions or arising in the context of the relationship between the Company and the Customer including: i. Deciding whether to enter into any contract or arrangement with that Customer. This may include credit reference searches, against a Customer or its representatives; ii. Direct marketing of the Company's products and services and/or of the products and services of other companies in the Environmental & Mechanical Services Ltd Group or third parties which the Company believes may be of interest to the Customer or its representatives, whether by post, fax, telephone, email, SMS, MMS or otherwise ; iii. Crime prevention or detection. The processing of the Personal Data may involve: i. The disclosure of that Personal Data to the Company's agents, advisers and representatives; ii. The disclosure of that Personal Data to other companies in the Environmental & mechanical services ltd Group whose products and services the Company believes may be of interest to that Customer or representative; iii. The disclosure of that Personal Data to third parties whose products and services the Company believes may be of interest to that Customer or representative; iv. The transfer of Personal Data outside of the EEA, including to countries whose laws may not provide adequate protection to Personal Data. The Company will only transfer Personal Data outside the EEA to companies who have guaranteed to the Company the same level of protection as that Personal Data would have received in the UK. If, at any time, the Customer or its representatives does not wish his or her Personal Data to be used for any or all of the above purposes, he or she should contact the Marketing Manager, EMS Ltd 2, Market Place, Long Buckby, Northants NN6 7RR or notify any of our sales representatives when placing an order by phone.

Promotions
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.

Country of origin
Unless otherwise confirmed by the Company in writing, nothing on this web site is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.

Export
Separate Conditions of Supply apply to export transactions and are available on request from the Company's export department. The Customer is responsible at its own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined. The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Goods.

Euro
In the event that the UK changes to a single unified European currency (known as the Euro or otherwise), or agrees to the fixing of conversion rates between European Union member states, it will not have the effect of altering any term, or discharging or excusing performance under a Contract.

Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company's obligations under these Contract if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

Recording of telephone calls
The Company reserves the right to monitor, intercept or record telephone calls and many monitor or intercept all email or other electronic communications made to its premises for training, security and quality purposes.

Legal construction
All Contracts shall be governed by antransfer Personal Data outside the EEA to companies who have guaranteed to the Company the same level of protection as that Personal Data would have received in the UK. If, at any time, the Customer or its representatives does not wish his or her Personal Data to be used for any or all of the above purposes, he or she should contact the Marketing Manager, EMS Ltd 2, Market Place, Long Buckby, Northants NN6 7RR or notify any of our sales representatives when placing an order by phone.

Promotions
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.

Country of origin
Unless otherwise confirmed by the Company in writing, nothing on this web site is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.

Export
Separate Conditions of Supply apply to export transactions and are available on request from the Company's export department. The Customer is responsible at its own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined. The Company reserves the right not to supply certain customers or