Welcome to Collister and Glover’s website terms and conditions for use.
Please read carefully through our Terms and Conditions which govern the use of our website. When using the website or purchasing goods, you are agreeing to the Terms and Conditions we provide. If you do not agree to these terms and conditions then you will not be able to purchase from our website.
If you have any queries before placing an order relating to these terms and conditions then do not hesitate to contact us, through email at [email protected] or call us on 01244 288000, Monday to Friday, 7am – 5:00pm.
These terms and conditions apply to all transactions and enquiries received after 6th July 2015.
“The company” - meaning Collister and Glover (Pipeline Materials) Ltd.
“The purchaser” – meaning the individual or company that view or use the company website.
“The goods” - meaning the products or services that are agreed to be sold.
Copyright and trademark:
The website is owned and administered by the company itself. The content on the website includes text, images, designs, graphics, programming code, selections, agreements and information which are under the copyright ownership of the company, licensees, content providers or technology providers. All rights of the copyright owner are reserved.
Permission is given to copy, print and distribute hard copies of the webpage in order to browse the company website.
Industrial property rights:
If goods are supplied by the company to the purchaser's specifications, infringe any patent design, registered design rights or copyright the purchaser will indemnify the company against all damages, costs and expenses incurred by the company as a result of the infringement. The purchaser will give the company all possible help in meeting any infringement claim brought against the company.
Cookies are unique identifiers that our web pages transfer to your device. This is so our systems recognize your device. They provide features such as the shopping cart and checkout. The help feature on our website under ‘cookie information’ will tell you how to prevent your browser from accepting new cookies and how to have the browser notify you when you receive a new cookie. In Addition, you can disable or delete data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of the browser manufacturer.
Cookies allow you to take advantage of some of the Colglo websites essential features, we recommend that you leave them turned on. If you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any services that require you to sign in. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.
More information is available on the Website Cookie Page http://www.colglo.co.uk/index.php?pagename=Cookies
The contract between us:
We must receive the whole payment for the goods that you order before the order can be accepted (unless a Credit Account Facility has been agreed between the company and the purchaser). Once the payment has been received by us we shall confirm that your order has been accepted which brings into existence a legally binding contract.
Credit Account Facility: Acceptance:
Unless a purchaser has a Credit Account Facility the company will provide goods only on receipt of pre-paid cleared funds. A Credit Account Facility is an account set up and approved by us to enable you to purchase goods from our website.
You cannot purchase goods from our website using a Credit Account Facility unless you have signed our Credit Account Facility Terms and Conditions and the facility has been approved. Our acceptance of your order brings into force a legally binding contract between us. We have the right to cancel your Credit Account Facility with immediate effect and to request the payment of outstanding money within 30 days.
Orders received and acknowledged by the company using the Credit Account Facility shall not be subject to cancellation, without the company's consent, and cancellation of any contract to which the purchaser is a party will not constitute sufficient cause for cancellation of any order placed by the purchaser.
In all cases, the contents of our credit accounts terms and conditions are implied as part of our online terms and conditions agreements, where a credit account facility is in place. Where a credit account facility is not in place this section does not apply.
Except where it is expressly stated, the goods comply with a recognized industry standard, all descriptions, specifications, drawings and particulars of weights or dimensions submitted by the company or otherwise contained in the company’s website, catalogues, brochures, price lists, quotations and publicity materials are approximate and should be used for guidance only, which may vary at the company's discretion. The company shall not be liable for their accuracy unless they are expressly incorporated into the contract in writing.
These terms are the whole agreement between the company and the purchaser relating to the goods and these terms supersede any previous terms used by the company. The purchaser shall not rely on any statements, recommendations and advice whether given verbally or in writing (before or after the acceptance by the company or the purchasers order) by the company, its employees or agents as to any matter relating to the goods except where such statements recommendations or advice are given in writing and signed by a director of the company answering a specific written request from the Purchaser before or at the time when the Company accepts the order.
The Goods: Title to the Goods:
The goods shall remain the sole and absolute property of the company as legal and equitable owner until the purchaser has paid to the company the agreed amount.
Until the purchaser becomes the owner of the goods he/she will store them on their premises separately from their own goods or those of any other person and in a manner which makes them identifiable as the goods of the company. The purchaser acknowledges that until such time as the property in the goods passes to the purchaser he is in possession of the goods as a bailee for the company.
Until payment is due under all contracts between the Purchaser and the company has been made in full, in the event of sale of the goods by the purchaser:
1. The company shall be entitled to trace all proceeds of sale received by the purchaser through any bank or account maintained by the purchaser;
2. The purchaser shall if requested by the company in writing to do so assign its rights to recover the selling price of the goods from the third parties concerned.
The company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
Until the company has received in cash or cleared funds payment in full of the price of the goods the purchaser shall not be entitled to dispose of any property of the goods (by sale or otherwise) to the holding company of the purchaser or any other business or person or to any subsidiary of the purchaser or any such holding company.
The price of our goods are set out in our website. You may be required to pay extra for delivery and it might not be possible to deliver to some locations. Our delivery charges and delivery locations are set out in our website.
The prices quoted by the company on the website are those in effect at the date of quotation. Unless otherwise agreed in writing, the Company reserves the right to increase prices:
- Any variation that may have happened in the costs of labour, materials, suppliers, overheads and transport.
- Any variation in duty, tax, surcharge or levy of any kind whatsoever affecting the sale price of the goods.
- Any cost to the company resulting from delay by the Purchaser in giving to the company information sufficient to enable it to supply the goods or provide the services or any alteration made at the request of the Purchaser in the specification of the goods or in the place they are to be delivered.
- Any extra cost to the company resulting from the goods being carried by modes of transport more expensive than the company's normal form of transport at the request of the purchaser.
- If the list price used on our Website is not the prevailing selling price at any specific time and place. The List Price represents the manufacturers or our own recommended selling price.
- The company's internet price - It is possible despite our careful attention to pricing that an item is unintentionally mispriced. If an items correct price is lower than our quoted price then we will charge the lower correct amount. If an items correct price is higher than our quoted price, the Company retains the right to refuse or cancel any such order whether or not that order has been confirmed and your credit or debit card charged.
Unless you have a Credit Account Facility the price for the goods will be due and payable upon placement of your order. If the purchaser fails to give reasonable instructions to the company and /or necessary documents, licenses, consents and authorities for forwarding the goods or is unable to accept delivery of the goods at the time when the goods are due and ready for dispatch or delivery or shall otherwise cause or request delay, the Purchaser shall pay to the company all costs and expenses, including storage and insurance charges incurred or arising from such delay during which at the company's absolute discretion if its storage facilities permit, the goods will be stored at the purchaser's sole risk. This provision shall be in addition to and not in substitution for any other payment or damages for which the purchaser may be liable in respect of his failure to take delivery at the appropriate date.
The purchaser shall not be entitled to make any deduction from the price of the goods which have been delivered to the purchaser in respect of any set off or counter claim unless both the validity and the amount thereof have been expressly admitted in writing by the company and such admission is signed by the director of the company.
In the absence of any specific appropriation by the purchaser, the company shall have the right to appropriate any payment made by the Purchaser towards the satisfaction of any outstanding invoice including in relation to a credit account facility from time to time as the company shall in its absolute discretion think fit
Delivery dates are estimates only. The company will make every reasonable effort to keep them, but accepts no liability for any financial or other loss or damage (whether direct or indirect) if delivery is nonetheless delayed, nor shall any such delay entitle the Purchaser not to accept and pay for the goods when they are delivered. The company will arrange delivery of goods by means, at the company's discretion, of ordinary goods transport, unless the purchaser otherwise requires.
The risk in the goods will pass to the purchaser when they are loaded onto the purchaser's transport (or if they are off-loaded at their destination, if being delivered by the company or common carrier). Where deliveries are made by instalments against the contract the company's failure to make any delivery shall not entitle the purchaser to repudiate the contract. Without accepting liability for failure in any case to do so, the company will pursue for the benefit of the Purchaser any claim for damage or short delivery or loss of goods in transit provided that the company and the carrier are notified in writing of the claim. The claim needs to be addressed within 24 hours of the delivery in the case of shortages, or damage. In the case of a complete loss the claim should be addressed within 7 days of the date of the advice note or other dispatch notification.
If the purchaser is unable to verify the quantity or the condition of the goods, they must be signed for as ‘unexamined, short delivery’ or ‘damaged’ to pursue a claim. The purchaser must ensure that this is recorded in the carriers’ documentation.
Cancellation & Returns of Goods – Distance Selling Regulations:
Where the purchaser has bought Goods from the company by the website, phone or by fax, the purchaser has fourteen working days from receipt of the goods in which to cancel the contract for any reason. The following exceptions apply;
- If the purchaser bought the goods as a business customer
- If the goods have been made to the purchaser's specification
- If more than fourteen working days have passed since the purchaser received the goods
- Where the price depends on fluctuations in the financial Markets beyond our control
- Goods that by reason of their nature cannot be returned
Should the purchaser wish to cancel the contract within fourteen working days from receipt of the goods then the purchaser must notify the company in writing either to the company's head office or emailing the company. The purchaser must return the goods to the company in saleable condition. The purchaser is advised to wrap the goods carefully to avoid damage when returned. The purchaser should enclose their name and address and the company's order reference number. The purchaser is advised to return the goods by recorded delivery. Proof of postage will not be accepted as proof of delivery. The company cannot accept liability for returned goods damaged in transit.
If the company accepts return of goods, refund payments will be made to purchasers in full within fourteen working days of the contract being cancelled and following safe receipt of the returned goods by the company. (This includes credit cards, debit cards, cheque and cash). If the purchaser has cancelled the contract in writing during the fourteen day, cooling off period the purchaser must return the goods which have already been delivered or are in transit to the company. The purchaser is responsible for the payment of the return of the goods. If the purchaser does not return the goods delivered or does not pay the costs of return, the company shall be entitled to the direct costs of recovering the goods.
The purchaser must take reasonable care of the goods whilst they are in their possession. The goods must be returned to the company in a saleable condition and as they were received by the purchaser in the original packaging undamaged. If the goods are not returned to the company in a saleable condition or as they were received by the purchaser, the company shall be entitled to the direct costs of replacing the goods or packaging. The decision as to whether the returned Goods are of saleable condition rests at the absolute discretion of the Company.
Return of Faulty or Damaged Goods
If upon receipt the items you ordered are damaged or faulty, you should inform our Sales team on 01244 288000 or email at [email protected]. This should be done within 30 days of receiving the goods. Please have the details shown on your delivery documentation to hand or include them in your e-mail. We can then arrange to send replacements or offer you a refund.
If the items are to be returned to us please use the existing packaging if possible. You may use a carrier of your choice and we will reimburse the costs of delivery to you. We ask that you send us a copy of your original delivery receipts with the goods. Refunds will be credited to the original payment method used to make the original purchase.
Many pump manufactures require a faulty pump to be sent directly to them to determine if any fault was caused by a manufacturing defect. We will reimburse this cost. If the fault is a manufacturing fault, a full refund or replacement will be provided. If the item's fault was caused by an incorrect installation a refund cannot be offered. A full pump fault report will be provided upon request.
When Distance selling Rules Do Not Apply
Where the Consumer Protection (Distance Selling) Regulations do not apply for instance if the purchaser is acting in the course of business or more than fourteen working days has passed since receipt of the goods by a non-business purchaser, the following provisions apply. The purchaser cannot cancel whole or part of the contract, whether it is an order by instalment or otherwise, except where this has been agreed in writing by the Managing Director of the company.
If the company accepts return of goods, refund payments will be made to purchasers in full within 30 working days of the contract being cancelled and following safe receipt of the goods returned goods by the company. (This includes credit cards, debit cards, cheque and cash). Cancellation may be subject to a cancellation charge at the absolute discretion of the company. Goods once delivered, may not be returned unless authorization has been given as specified above and provided that the following conditions are satisfied.
- Goods will only be accepted if they are in brand new and unused condition
- Packaged items will only be accepted if the packaging remains unbroken and in reasonable condition.
- Goods will only be accepted if returned within three weeks of the date of collection or delivery.
- In every case the invoice number and date together with reason for return must be stated.
- In every case a restocking charge will be made.
Unless otherwise agreed, this contract will be concluded upon receipt of the purchaser, and delivery completed within 30 days of that date
All goods carry a manufacturer’s warranty which will vary with each product but will unless otherwise specified be at least six months from the date of manufacture. Warranty will be given only in support of defective manufacture. We reserve the right to repair or replace defective goods at our discretion. Warranty claims must be made in writing or by email to our head office address.
If we supply substitute products because the goods originally ordered are no longer available, purchasers may return the goods. In which case we will pay the cost of returning those goods and refund the cost of the goods.
Any correspondence including cancelation notice and complaints should be made in writing to our Head Office at the address below.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address below. All notices from us to you will be displayed on our website from time to time.
Collister and Glover Limited
10th Avenue Zone 3
Deeside Industrial Par
Email: [email protected]
The Sale of Goods Act 1979:
Nothing in these Terms and Conditions affects the purchaser's statutory rights under the Sale of Goods Act 1979 and any other applicable legislation.
Events beyond our control:
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so. In addition we have no liability for any damage or defect to goods delivered that is caused by any events beyond our reasonable control, (including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident).
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Third Party Rights:
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that ACT.
The contract between us shall be governed by and interpreted in accordance with English law and the purchaser submits to the jurisdiction to the High Court of Justice of England and Wales, but Collister and Glover (Pipeline Materials) Ltd may enforce the contract in any court of competent jurisdiction.
Your statutory rights are not affected by any of the provisions in these Terms and Conditions.