Definitions

‘The Company’ means One Ton Bags, ‘the customer’ means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods of the Company.

General

All quotations are made and all orders are accepted subject to the following terms and conditions. Any terms and conditions contained in any acceptance of this quotation which vary, are contrary to or additional to those herein contracted shall be void and of no effect.  A customer desiring any reasonable amendment of those terms should communicate with the Company before forwarding an acceptance.  No amendment of these terms shall be valid unless made in writing signed by the Company.  Before using any of our products, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection herewith. One Ton Bags shall not be liable either in tort or in contract for any loss or damage – direct, incidental or consequential, arising out of the use of, or the inability to use, any of our products.

Description of Goods

All specifications, drawings, illustrations, particulars of weight and dimensions issued by the Company are approximate only and do not form part of any terms, conditions or warranties of any contract entered into by the Company.  The Company may vary such specifications, drawings, illustrations, particulars of weight and dimensions at any time and for whatever reason, without having to give a reason or explanation.

Catalogues, Prices etc

Catalogues, brochures and price lists and all other advertising material are only an indication of the type of goods offered by the Company they shall not constitute a sale by description.  All prices therein are intended to be correct on the date of publication but are subject to increase, alteration or withdrawal without notice.

Quotations

All quotations made are applicable only to quantities specified and are valid for 30 days from the date of quotation. The Company reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.

Orders

  1.            Verbal orders must be confirmed in writing within 48 hours. Orders are only actionable on receipt of a written order.
  2.            If the Customer cancels any order before its completion he shall immediately thereupon become liable to pay to the Company a sum equal of the cost of the labour, materials and overheads expended in the execution of the said order up to and including the date of the receipt of such cancellation plus the amount of the profit which the Company should have made but for such cancellation.

Delivery & Passing of Risk

  1.            Any dates and times quoted for delivery are to treated as an estimate and the Company shall not be liable whatsoever for failure to deliver by such date or time.
  2.            The risk in the goods shall pass to the Customer on delivery to the Customer’s premises or to any person or party authorised by the Customer to receive goods.
  3.            We shall not be responsible for loss arising from delay or failure to deliver arising from causes beyond our control.  These include Act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, sabotage or non-availability of materials.

Retention of Title

Goods shall remain the property of the Company until payment in full has been received.  Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of the Company.

Intellectual Property

Ownership of all intellectual property rights in relation to design work carried out by the company rests with the company unless otherwise provided for by a separate agreement.

Carriage

Goods will be despatched by the most convenient means unless otherwise agreed in writing.

Loss or Damage in Transit

The customer should notify, in writing, the Company and the Carrier within 3 days of delivery, any damage or loss of goods in transit. None delivery should be notified in writing within 14 days of the invoice. Goods should be checked on receipt to ensure they have arrived in good condition and not damaged.  If goods are signed for as ‘in good condition’ and subsequently found to be damaged we will not be able to pursue a claim on your behalf with the Carrier. 

Payment

  1.            Where credit terms have not been agreed, payment should be made in full order or, where appropriate, immediately prior to despatch of the goods.
  2.           Unless otherwise agreed in writing the Company’s credit terms are 30 days, that is, net cash 30 days from date of invoice.
  3.           Where payment is not normally to be made until after delivery and the latter is delayed by the Customer’s inability or unwillingness to accept such delivery at the time the goods are ready for despatch, the Company reserves the right to demand immediate payment in full after giving notice of its readiness to deliver the goods and to charge the customer any storage expenses it may have to incur, all such storage being entirely at the customer’s risk.

Defects

The Company shall not be under any liability to the Customer or any third party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly from such defects howsoever caused.  Without prejudice to the foregoing the Company reserves the right at its sole discretion to make replacement of goods or parts in respect of any complaint in writing relating to alleged defects received by the Company within one month of the date of delivery.  The date of delivery for the purpose of this clause shall be in the date of delivery to a carrier by the Company.

Refunds

When you receive confirmation of your order it does not mean that a contract exists between us. We will indicate acceptance of your order and therefore a contract between us when we send you an invoice. We include this term to protect us in the event that a mistake has been made in our  pricing or we are no longer able to supply a particular product for any reason. In the case of a price change we will always contact you in the first instance to ensure that the new price is acceptable. We aim to despatch orders placed before 3.00pm on the next working day. This means you will normally receive your order in three working days. However, as we use a third party courier service we cannot guarantee these lead times, but please be assured that we will always do our best. There are very few areas that our couriers do not deliver to on a daily basis, these areas including Northern Ireland and the Scottish Highlands & Islands would require one extra day for delivery. If the item(s) you wish to order are not in stock, we will email you for instructions on how you wish us to proceed. Any credit card details you enter are transmitted over a secure (SSL) link and stored using a 128-bit encryption. Refunds may be available under exceptional circumstances and only at the discretion of the company management. Please contact [email protected] within seven days of receipt of your goods giving details of any complaint. The exception to this is bespoke or customised goods that were produced to your specification, unless these are faulty they are non refundable.

Returns:

From time to time you may need to return goods back to us, all returns need to be back to us within 14 days of receiving the order for a refund to be made, if the return is sent back after this time we will only be able to exchange the product. All items need to be returned in the original packaging.

Please return goods using a trackable service such as Royal Mail Recorded Delivery as we cannot accept any responsibility for items lost on the way back to us, alternatively we're more than happy to arrange courier collection for convenience at a cost of £15.00, please email confirmation to [email protected]netonbags.co.uk and include your returns number.

We aim to refund or exchange products within 2 days of receiving them back to One Ton Bags. When exchanging goods you will receive email confirmation when your replacement has been dispatched. When refunding an order you will receive an email letting you know when the funds have gone back to you. Please note that it usually takes the banks 48 hours or so to give you your money back.

Please note we cannot refund any postage costs unless items are returned faulty. In the case of faulty goods, you will need to return them back to us, if we agree there is a genuine manufacturing fault we will refund the full transaction cost, plus your return postage.

 

Warranties

All statutory warranties and conditions are hereby excluded as well as warranties and conditions made orally or in writing by whosoever given which vary or are contrary to or addition to the above terms of business.

Law

The contract shall be subject to the Laws of England and construed in all respects as an English Contract.