- Company details. First Base Ground Screws UK Ltd (registered in England and Wales with company number 12813390) (we and us)
- Value Added Tax Our VAT number is GB357 2672 76
- Web Address. We operate the website www.firstbasegroundscrews.co.uk.
- Contacting us. To contact us email Info@firstbasegroundscrews.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 13.2.
Our contract with you
- Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
- Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- Language and Time. These Terms and the Contract are made only in the English language. All references to time are to UK time.
- Your copy. You should save these Terms to your computer or print a copy for future reference.
Placing an order and its acceptance
- Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
- Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause
- Accepting your order. We will confirm our acceptance of your order to you by sending you an email that confirms that the Goods have been dispatched (Order Confirmation). The Contract between you and us will only be formed when we send you the Order Confirmation.
- If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
- A product or its packaging may be slightly different from its appearance on our website
Return and refund
- You may cancel the order and receive a refund, if you notify us as set out in clause 5.2.
- If you place your order after 17:00 (5pm) but before 12:00 (noon) on the following day and you want to cancel it before it is dispatched, you must email us within those times. Your email must include full details of your order to help us to identify it.
- If you have returned the Goods to us under this clause 5 because they are faulty or misdescribed, we will refund the price of the Goods and will refund you by the payment method you used when you paid.
- If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back or hand them to our authorised carrier. Please contact us for our returns address, printable returns labels and/ or information about our authorised carrier and how to arrange a return.
- If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
Delivery, transfer of risk and title
- We will contact you with an estimated delivery date, which will be within 2 days after the date of Order Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 (Events outside our control) for our responsibilities when this happens.
- Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
- You own the Goods once we have received payment in full, including of all applicable delivery charges.
- If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
- If you fail to accept delivery within 10 days after the day on which we notified you that the Goods were ready for delivery delivered, we may resell part of, or all the Goods.
- Unfortunately, we do not deliver to addresses outside the UK.
- You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
Price of goods and delivery charges
- The prices of the Goods will be as quoted on our site at the time you submit your order.
- We use our best protected efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.6 for what happens if we discover an error in the price of Goods you ordered.
- Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
- The price of Goods excludes VAT where applicable at the current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the VAT takes effect.
- The price of the Goods does not include delivery charges. Our delivery charges can be found on our pricelist.
- We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
How to pay
You can pay for Goods using our webportal:
- debit card or credit cards;
- Payment for the Goods and all applicable delivery charges is in advance.
- You can pay for Goods using our webportal:
Our warranty for the goods
We provide a warranty that on delivery and for a period of 12 months from delivery, the
- subject to clause 4, conform with their description; and
- be free from material defects in design, material and workmanship; and
- be fit for any purpose held out by us.
Subject to clause 10.3, if:
- you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.1;
- we are given a reasonable opportunity of examining the Goods; and
- we ask you to do so, you return the Goods to us at your cost,
We will not be liable for breach of the warranty set out in clause 10.1 if:
- you make any further use of the Goods after giving notice to us under clause 10.2;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the Goods without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
- We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 10.1 to the extent set out in this clause 10.
- The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- These Terms also apply to any repaired or replacement Goods supplied by us to you.
- We provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall:
Our liability: your attention is particularly drawn to this clause
- References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- any other liability that cannot be limited or excluded by law.
Subject to clause 11.3, we will under no circumstances be liable to you for:
- any loss of profits, sales, business, or revenue;
- loss of business opportunity;
- loss of anticipated savings; or
- any indirect or consequential loss.
- Subject to clause 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
- Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations
under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us
- When we refer to “in writing” in these Terms, this includes email.
- Any notice or other communication given under or in connection with the Contract must be in writing and be delivered by hand, sent by next working day delivery service, or email.
A notice or other communication is deemed to have been received:
- if delivered by hand, on signature of a delivery receipt;
- if sent by next working day delivery service, at 9.00 am on the second working day after posting or at the time recorded by the delivery service; or
- if sent by email, at 9.00 am on the next working day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed and placed in the hands of the delivery service provider and, in the case of an email, that such email was sent to the specified email address of the addressee in the Dispatch Confirmation.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer.
- We may assign or transfer our rights and obligations under the Contract to another entity.
- You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
- Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
- Assignment and transfer.