Gaslow International Limited Terms and Conditions of Sale
These Conditions apply to the sale of all products by Gaslow International Limited trading as Gaslow Direct through its website or by telephone. By placing an order, the Customer agrees to be bound by them.
Business: means a business, trade or profession (including any person or organisation holding itself out as a business);
Business Days: means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
- Conditions: means these Terms and Conditions as amended from time to time;
- Consumer: means a Customer purchasing the Products other than for the purpose of a Business;
- Contract: means the contract between Gaslow and the Customer for the sale of the Products;
- Contract Documents: means the documents comprising the Contract, as specified in Clause 7;
- Credit Account: means a trading account that is available to business customers who on receipt of satisfactory trading references are granted a Credit Account to purchase Products from Gaslow and are able to pay for the same within 30 calendar days;
- Customer: means the person or organisation purchasing the Products from Gaslow;
- Delivery Location: means the address or addresses for delivery of the Products as confirmed by the Customer and defined at clause 1;
- Documentation: means any descriptions, instructions, manuals, literature, technical details or other related materials supplied by Gaslow to the Customer in connection with the Products;
- Force Majeure Event: means an event, circumstance or cause beyond the reasonable control of the party affected by it;
- Gaslow means Gaslow International Limited, a company incorporated under the laws of England and Wales with company number 01366914, whose registered office is at 1 Derby Road, Eastwood, Nottingham, NG16 3PA;
- Gaslow Representative: means WOOCOMMERCE a secure (off-site) server manager engaged by Gaslow to store all information in connection with an Order;
- Manufacturer means the organisation who supplies the Products to Gaslow to fulfil an Order;
- Order: means the Customer’s order for the Products;
- Price: means the price of the Products;
- Products: means the products, related accessories and other physical items to be supplied by Gaslow to the Customer in accordance with the Contract.
- SAGEPAY: means the payment service provider that Gaslow uses to receive payments from its Customers.
- Site: means https://www.Gaslowdirect.com/
- Specification: means any specification for the Products, including any related plans and drawings for gas cannisters, that is agreed in writing by the Customer and Gaslow.
- VAT: means value added tax under the Value Added Tax Act 1994 or any other similar sale or fiscal tax applying to the sale of the Products.
In these Conditions, unless the context does not so permit:
- clause headings are included for convenience only and shall have no effect on the interpretation of these Conditions.
- a reference to a ‘party’ means either Gaslow or the Customer and includes that party’s personal representatives, successors and permitted assigns.
- a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
- a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established.
- a reference to any gender includes each other gender.
- words denoting the singular include the plural and vice versa.
- a reference to ‘writing’ includes email and the expression “written” shall be construed accordingly.
- a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
- a reference to a statute or statutory provision includes all subordinate legislation made from time to time under that statute or statutory provision.
- FORMATION OF CONTRACT AND APPLICATION OF CONDITIONS
- These Conditions apply to and form part of the Contract. They supersede any previously issued terms and conditions by Gaslow.
- These Conditions apply to and govern the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate by any means, or which are implied by law, trade custom, practice or course of dealing.
- A quotation issued by Gaslow does not constitute an offer to supply goods and no order placed in response to Gaslow’s quotation will be binding unless accepted by Gaslow in writing.
- The Order shall only be deemed to be accepted when a Gaslow Representative issue written acceptance of the Order, at which point the Contract shall come into existence.
- When placing the Order the Customer must provide the following information:-
- the full legal name and invoice address of the Customer;
- the specific Products being ordered and the respective quantities of each; and
- the Delivery Location.
- If there is any inconsistency between any of the Contract Documents, then they shall prevail in the following descending order of priority:
- any document not mentioned in Clause 6(b) to 2.6(d) which the parties intend to be legally binding, including any correspondence between the parties setting out further specifications, minor adjustments or clarifications of the provisions of the other Contract Documents;
- the Order;
- the Order acknowledgment sent by email to Customer; and
- these Conditions.
- Gaslow reserves the right to amend the Specification if required by any applicable statutory or regulatory requirement, and Gaslow shall notify the Customer in any such event. The Customer shall remain bound to accept delivery thereof unless the variation shall be fundamental to the performance of the Products.
- No variation of any Contract Document shall be binding unless expressly agreed in writing by each of the Customer and Gaslow or their authorised signatories.
- Any descriptive matter, advertising or promotional material issued by Gaslow is provided for the sole purpose of giving an approximate indication of the appearance, dimensions, nature, physical properties, functionality or performance of the Products. Any such descriptive matter, advertising or material shall not form part of the Contract.
- Gaslow does not give the Customer any licence or right to use any images and descriptions of the Products published or supplied by Gaslow. If the Customer uses any such images or descriptions, it is the Customer’s responsibility to ensure that they are the most up-to-date in use by Gaslow. Gaslow does not accept any liability for any loss suffered by the Customer as a consequence of the Customer using images and descriptions of the Products to which Gaslow owns the copyright. Gaslow may, at its sole discretion, require the Customer at any time to withdraw use of any specific images and descriptions of the Products.
- Prices AND Payment
- Clauses 2 and 4.5 apply only to Consumers and Customers who do not hold a Credit Account with Gaslow.
- The price of the Products shall be the price set out in the Order, or, if no price is quoted the Price will be indicated on the Site and, unless otherwise expressly stated otherwise, is inclusive of VAT.
- Gaslow may, by giving notice to the Customer at any time before delivery, increase the Price of the Products to reflect any increase in the cost of the Products that is due to a factor beyond Gaslow’s reasonable control or as a result of an increase in accordance with the Consumer Price Index.
- It is always possible that, despite Gaslow’s best efforts, some of the Products may be incorrectly priced. Gaslow will normally check Prices before accepting the Order. Where the correct Price at the Order date is less than the advertised price, Gaslow will charge the correct Price. If, however the correct Price at the Order date is higher than the advertised price, Gaslow shall be under no obligation to accept the Order and will contact the Customer for further instructions.
- No Order is deemed placed by the Customer until payment of the Price, together with VAT and any applicable delivery charges has been received by Gaslow in full and cleared funds. Payment must be made by the Customer in the manner specified on the Site or through SAGEPAY.
- The Price does not include delivery charges, which will be charged separately to include charges incurred by Gaslow in respect of the transportation of the Products from the Manufacturer to Gaslow and then to Customer (including, but not limited to, parcel, courier and shipping costs) and any import and customs duties, storage and forwarding charges.
- For Customers who have Credit Accounts, the Customer shall pay each invoice submitted by Gaslow:
- within 30 days of the date of the invoice or in accordance with any credit terms agreed by Gaslow and confirmed in writing to the Customer; and
- payment of each invoice shall be made:
- in full and in cleared funds to a bank account nominated in writing by Gaslow, with notification of payment provided by the Customer to Gaslow; or
- by contacting Gaslow via telephone on 01509 377377 and making payment by credit or debit card, and
time for payment shall be of the essence of the Contract.
- If the Customer fails to make a payment due to Gaslow under the Contract by the due date, then, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 7 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
- AVAILABILITY OF PRODUCTS
- All Products are advertised for sale subject to availability. In the event of unavailability of the Products after the placing of an Order, the Customer shall be informed by Gaslow as soon as reasonably practicable and in which case Gaslow may contact the Customer to advise on alternative delivery dates (subject to the Products becoming available at a later date) or offer the Customer similar alternative Products which are available that the Customer may, at its sole discretion, order or alternatively Gaslow may provide a refund to the Customer of the Price of the unavailable Products as soon as possible.
- Where the Customer places an Order for Products to be delivered outside of the UK, the acceptance of the Order shall be in the sole and absolute discretion of Gaslow. Gaslow shall be under no obligation to accept an Order where the Delivery Location is based outside of the UK.
- Gaslow shall deliver the Products to the location set out in the Order or such other location as the parties may agree at any time after the Gaslow Representative notifies the Customerthat the Products are ready to be delivered.
- If the Customer has opted to use the click and collect service, Customershall collect the Products from Gaslow’s premises contained within the notification email. The Customer must collect the Products within three Business Days of Gaslow notifying the Customer that the Goods are ready. Upon collection of the Products, Customer must provide the email received from the Gaslow Representative confirming that the Products are ready to be collected.
- Delivery is completed on the completion of unloading of the Products at the Delivery Location.
- Without prejudice to Clause 5, Gaslow shall use reasonable endeavours to meet any delivery date but any such date shall be an estimate only and time shall not be of the essence.
- Gaslow shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer’s failure to provide Gaslow with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
- If the Customer has paid an additional charge for express or weekend delivery and the Products are not delivered within the timescales which the Customer has requested, the Customer shall be entitled to a refund from Gaslow of the difference between the standard delivery charge for the Products affected and the said additional charge. The refunding of any such additional charge shall be the sole and exclusive remedy of the Customer in connection with any delay in delivery of the Products, provided that, if Gaslow has not delivered the Products before the expiry of 30 days from the date on which the Contract came into effect in accordance with Clause 6, the Customer may cancel the Contract by giving notice of cancellation to Gaslow and receive a refund for any Products paid for but not received.
- If the Customer fails for any reason to accept delivery of Products, the Customer will be contacted by Gaslow’s nominated courier who may make further attempts in order successfully to deliver the Products in accordance with their standard delivery procedures, failing which the Products will be returned by the courier to Gaslow. Gaslow’s nominated courier may only make two attempts to deliver the Products, failing which the Products may then be returned to Gaslow. If the Customer requests Gaslow to make a further attempt to deliver the Products following the courier’s unsuccessful attempts, the Customer will be required to pay an additional delivery charge to Gaslow prior to such further attempt at delivery being made. If the Customer fails to accept delivery of the Products following the courier’s attempts at delivery Gaslow may cancel the Contract with immediate effect by giving notice of cancellation to the Customer. In the event of such cancellation the Customer shall be liable for any costs, losses or expenses of any kind incurred by Gaslow as the result of the Customer’s failure to accept delivery, including without limitation the cost of storage of the Products and any financial losses incurred by Gaslow in the resale of the Products.
- If the Customer does not collect the Products as instructed then Gaslow will contact the Customer for further instructions and may charge storage costs and any further delivery costs. If, despite Gaslow’s reasonable efforts, Gaslow is unable to contact Customer or re-arrange delivery or collection Gaslow may cancel the Contract with immediate effect by giving notice of cancellation to the Customer.
- Gaslow may deliver the Products in instalments. Any delay or defect in an instalment shall not entitle the Customer to cancel any other instalment.
- Risk AND title
- The risk of loss of or damage to the Products shall pass from Gaslow to the Customer on delivery or collection.
- For Customers who pay for the Products on placing an Order, title to the Products shall pass from Gaslow to Customer upon collection or delivery of the Products.
- For Customers who have a Credit Account with Gaslow and do not pay for the Products on placing an Order, title to the Products shall pass from Gaslow to the Customer upon the receipt by Gaslow of payment in full in cleared funds for the Products.
- If the Customer is a Consumer, the provisions of Clause 9 will apply. In the event of any discrepancy or inconsistency between this Clause 8 and Clause 9 the provisions of Clause 9 shall prevail.
- The Customer shall be deemed to have accepted the Products upon the expiry of five days from the date of delivery or collection if the Customer has not, within the said period of five days, notified Gaslow of any defect or damage. After acceptance the Customer shall not be entitled to reject Products which are not in accordance with the Contract.
- additional provisions applicable to sales to consumers
- The provisions of this Clause 9 apply only if the Customer is a Consumer and in no other circumstances.
- The Customer may cancel the Contract without a reason by giving Gaslow written notice of cancellation at any time before the expiry of 14 days from the date of delivery of the Products. If the Customer exercises this right to cancel the Contract: –
(a) the Customer shall at own expense, return the cancelled Products to Gaslow without undue delay and in any event no later than 14 days after the day on which the Customer cancels the Contract; and
(b) Gaslow will, within 14 days of receiving the returned Products back from the Customer, refund the Price and any delivery charges plus VAT, but may deduct a sum to reflect any reduction in the value of the Products as a result of handling of the Products by the Customer beyond what is necessary in order to establish their nature, characteristics and functioning.
- Gaslow has a legal duty to supply Products that are in conformity with the Contract. If the Products are not of satisfactory quality, not fit for their purpose or do not match the description provided, the Customer may be entitled to the following statutory remedies:-
- (a) The Customer has the legal right to a refund within 30 days of receiving the Product.
- (b) If the Customer finds a fault within the first six months from receiving the Product, Gaslow shall, at its option, either repair or replace any Product. If the Products cannot be repaired or replaced, or if the cost of repair is disproportionate to other remedies that may be available, then the Customer will be entitled to a full refund in most cases.
- If the Customer identifies a fault in the Products after a period of six months following delivery, it is the responsibility of the Customer to prove that the Products were faulty at the time the Products were delivered.
- For any questions or complaints about the Products, please contact Gaslow by sending an email or contacting Gaslow by telephone in accordance with the details provided at Clause 12.
- LIMITATION OF LIABILITY
- Nothing in these Conditions shall limit or exclude the liability of Gaslow for:
(a) death or personal injury caused by the negligence of Gaslow;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any other matter in respect of which it would be unlawful for Gaslow to exclude or limit its liability.
- Subject to Clause 1:
- (a) Gaslow shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss if business or business opportunity or diminution of goodwill, or for any indirect or consequential loss arising under or in connection with any Contract between us, regardless of how the same arose or of whether Gaslow had been advised of the possibility of such loss or diminution occurring; and
- (b) the total liability of Gaslow to the Customer for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by the Customer for the Products under the Contract.
- force majeure
Gaslow shall not be in breach of the Contract nor liable for any delay in performing or a failure to perform any of its obligations under the Contract to the extent that such delay or failure result from events, circumstances or causes beyond its reasonable control (in each case a Force Majeure Event). In such circumstances, Gaslow shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for a continuous period of six weeks, either party may terminate the Contract with immediate effect by giving written notice to the other party.
- CONTACTING Gaslow
The Customer may contact Gaslow by either of the following methods:-
(a) by e-mail at email@example.com; or
- Gaslow warrants that it will, so far as it is able to do so, give the Customer the benefit of any express guarantee or warranty by the Manufacturer of the Products and of any rights which Gaslow has against the Manufacturer or Gaslow.
- Subject to the following provisions of this Clause 13, Gaslow shall, at its option, either repair, replace or refund any Product or, if applicable, a part or component of any Product which is damaged upon delivery or which suffers any material defect or otherwise fails in any material respect to conform to the Contract.
- The obligations of Gaslow under Clause 2 are subject to the following conditions:-
(a) the Customer must notify Gaslow in writing of the damage, defect or failure promptly upon the same being discovered and in any event, where the damage, defect or failure ought reasonably to have been apparent to the Customer from a visual inspection of the Product, within seven days from delivery;
(b) the Customer must return the defective Products at Gaslow’s reasonable expense or make them available for Gaslow to collect within such time period as Gaslow shall specify; and
(c) Gaslow shall, at its own expense, deliver repaired or replacement Products or, as the case may be, parts or components, to the Customer at the original Delivery Location.
- Without limiting the foregoing provisions of this Clause 13, Gaslow shall have no liability for any damage, defect or failure affecting the Products to the extent that:-
(a) the defect, damage or failure arises by reason of wear and tear, wilful damage, negligence or could be expected to arise in the normal course of use of the Products;
(b) the defect, damage or failure is caused by the failure of the Customer, its employees, officers, workers, agents or representatives to comply with any instructions or recommendations issued from time to time by Gaslow or the manufacturer in relation to the use, storage, operation, adjustment, maintenance or repair of the Products, whether contained in the Documentation or elsewhere; or
(c) the Products are used after the Customer has notified Gaslow of the defect, damage or failure or ought reasonably to have done so.
- MISCELLANEOUS AND GENERAL
- Gaslow may transfer its rights and obligations under the Contract to another organisation. Gaslow will notify the Customer in writing of any such transfer.
- The Contract is between Gaslow and the Customer. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If Gaslow does not insist immediately that the Customer perform any of its obligations or functions under the Contract or if it delays in taking steps against the Customer in respect of any breach of contract, this does not constitute a waiver by Gaslow of it rights, and will not prevent Gaslow from enforcing the Contract or taking steps to obtain a right or remedy from the Customer at a later date.
- The Contract Documents, together with any other documents referred to in any of them, constitute the entire agreement between Gaslow and the Customer, and supersede any previous agreements, arrangements, representations, statements or warranties given or made by either party, with regard to its subject matter. Each party acknowledges that, by entering into the Contract, it has not relied on any representation, statements or warranty by or on behalf of the other party which has not been incorporated into the Contract by way of express provision.
- The Contract is governed by English law and Gaslow and the Customer submit to the non-exclusive jurisdiction of the English courts.