1.1 Prices quoted are correct for the duration of this catalogue and are subject to variation thereafter. Prices quoted exclude delivery charges and VAT, charged at the current rate at the time of invoicing. 1.2 Occasionally an error may occur with our web site or catalogue and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
Payment with order by credit card, debit card or cheque; Cheques should be made payable to engelbert strauss Limited. The company reserves the right to clear cheques before goods are dispatched. The company may also make enquiries about the principal directors with a credit reference agency.
2.1 If you are an account customer, terms of payment are 30 days from the date of invoice and in default engelbert strauss Ltd shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:
2.1.1 terminate any outstanding order or quotation;
2.1.2 withhold and/or suspend supplies; or
2.1.3 reduce the Purchasers credit limit.
2.2 engelbert strauss Ltd shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.
2.3 In addition engelbert strauss Ltd shall be entitled to charge the Purchaser interest on the amount unpaid at the rate of 8% above NatWest Plc base rate until payment in full is made and the Purchaser will indemnify engelbert strauss Ltd in respect of all costs incurred by engelbert strauss Ltd in recovering payment, including the cost of instructing solicitors.
2.4 No payment shall be deemed to have been received until engelbert strauss Ltd has received cleared funds.
2.5 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchasers Bankers unpaid, the Purchaser will also indemnify engelbert strauss Ltd in respect of all resulting bank charges incurred by engelbert strauss Ltd.
2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by engelbert strauss Ltd to the Purchaser
3.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact engelbert strauss Ltd export department. 3.2 Unless otherwise agreed delivery of the goods shall take place at the Purchasers place of business. 3.3 Claims for shortages or damaged goods must be made in writing to engelbert strauss within 3 days of receipt of the goods. 3.4 A surcharge of max. £45 (excl. VAT, non-refundable) applies to all orders with delivery post codes beginning with: GY, JE, BT, IM, HS and ZE.
While we endeavour to hold sufficient stock to fulfil all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
In the event that a product does not yet meet your requirements it must be returned to engelbert strauss in its original condition within 30 days of delivery. Extended guarantees on specific products exclude fair wear and tear. A returns note (part of the delivery note that accompanies the product) must accompany the product.
This warranty does not extend to any person obtaining the products from the buyer.
Any sizes, capacities and dimensions quoted are approximate and for guidance only.
8. Colour Reproduction:
The colour reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.
Any errata or changes in catalogue including pricing will be notified at time of ordering and before order is accepted. engelbert strauss reserves the right to make any such amendments at its sole discretion.
10. Limit of Liability:
engelbert strauss products are sold with the understanding that the buyer will test them in actual use and will have determined whether the products are suitable for the particular use for which they are to be applied. engelbert strauss warrants to the buyer that its products are free from defects in material and workmanship, but limits its obligations under this warranty to replacement of products. engelbert strauss’s liability is thus limited to the value of the goods supplied. engelbert strauss Limited cannot be held responsible, or liable for any other liabilities whatsoever, including, but not limited to consequential loss or personal injury.
11. Limited Companies - Guarantee:
11.1 Those signing the Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. 11.2 If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
13. Force Majeure:
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
Please note that telephone calls may be recorded.
15. Privacy Statement:
engelbert strauss will use your information in order to fulfil your order, and obtain payment. Unless you have indicated that you do not wish to receive such information, we may also use your details to provide you with information from time to time about our products, special offers, or services and other initiatives, which we believe may be of interest to you. engelbert strauss may also provide carefully selected third parties with your details. If you do not wish to receive such information you are asked to indicate this at the time of registration.
English Law shall be the proper law of this contract.