Stormsure has carefully put together the perfect repair kit solutions for the most specialist repairs. Repair kits for Neoprene, Watersports, PVC, Silicone, Footwear, Clothing, Hot Tubs, Motor Vehicles and many more...
These terms and conditions of sale override any clauses.
FORMATION OF CONTRACT
In these conditions references to The Company shall mean Stormsure Limited and its subsidiaries. All offers, quotations and acceptances by the company shall be deemed to incorporate these terms and conditions. No variation of, or addition or substitution for these terms shall be binding on the company and no agent, employee or representative of the Company has any authority to vary these terms.Any terms and conditions printed on the customer's order forms or websites are binding in so far as they are not at variance with these terms and conditions.
The contract is deemed to be made within the county of Cambridgeshire, United Kingdom, and any claims will be dealt with in the Cambridgeshire County Court or other British courts.
All prices are ex-works quoted. The Company reserves the right to alter the prices or the terms offered to any buyer without notice. Prices and terms shall be those ruling at the date of dispatch. Price Lists are updated annually and are available in British Pounds, Euros and United States Dollars. Consumer prices in British pounds can be viewed on the company website (www.stormsure.com). Reseller price lists are available for retailers and can be seen on the reseller website reseller.stormsure.com. Further discounts are available for bona fide wholesalers and distributors. Determination of a customer’s trade status is at the discretion of the company. Minimum order values apply.
Unless otherwise stated and agreed in writing, payment is to be made strictly on a proforma basis for the goods. In the event of default of payment, the Company reserves the right to charge interest to the Customers at the rate of 4% per annum above the company’s borrowing rate on the unpaid balance. Such interest shall accrue daily from the due date of payment (as well as before any judgement). The Proprietors, directors and partners of the buyer are jointly and severally liable for the payment in full, for the goods and services supplied by the Company.
Time for delivery is given as accurately as possible, the customer has no rights to damages or to cancel the order for failure, for any cause, to meet the delivery time stated. Ex-works goods shall be deemed to have been delivered when they leave the supplier's premises and become the responsibility of the customer. Goods dispatched with couriers on a DDU or other basis are deemed to have been delivered when they are delivered to the customer's premises. Such acceptance is without prejudice to any right of rejections that may accrue to the customer under these terms and conditions.
PROPERTY AND RISK – RETENTION OF TITLE
Ownership of the goods remains with Stormsure Ltd and will not pass to the buyer until one of the following has occurred:
The Customer has paid for the goods in full and no other amounts are owed by the customer to the Company in respect of any other goods by the Company.
The buyer sells the goods in accordance with these conditions in which case the ownership will immediately pass to the buyer before the goods are delivered to the Buyer’s customer.
If the Customer is overdue in paying for the goods, then Stormsure Ltd may, if still the owner of the goods, recover and resell them. Stormsure Ltd may enter the customer's premises for this purpose and may if necessary remove the goods.
The buyer must store the goods separately from all other goods until one of the following events occurs:
The goods become the property of the buyer
They are attached to or incorporated into other goods
They are delivered to a purchaser by the buyer.
No liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss of person, firm or company or, for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the company. The liability for use of the products remains with the customer. Stormsure Ltd’s liability, whether in one claim or in the aggregate, arising out of any contract shall not exceed the purchase price of the product payable under the contract.
This disclaimer is issued by Stormsure Limited ("the Company") and applies to the use of any products supplied by the Company ("the Products"). Please read this disclaimer carefully before using any of the Products. Using a TDS, an MSDS and/or the Product constitutes your acceptance of this disclaimer. Its contents shall prevail over any directions of use and any disclaimer and/or exclusion or limitation of liability of the Company which may appear on the packaging of the Products.
This disclaimer sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to any user of the Products ("Product User") in respect of any use made or resale by the Product User, of any of the Products in these datasheets.
This disclaimer does not affect the Company's liability for death or personal injury arising from the Company's negligence in respect of the Products, nor its liability for fraud, or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
The Company's total liability however arising and whether caused by tort (including negligence and breach of statutory duty), breach of contract or otherwise, arising in connection with the use made or resale by the Product User of any of the Products in these data sheets shall be limited to the price paid for the Product by the Product User.
The Company shall not be liable to the Product User for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims (including in respect of personal injury insofar as not caused by the Company's negligence) for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the use made or resale by the Product User of any of the Products in this TDS.
The Company shall not be liable to the Product User in relation to any loss for any use which is inappropriate or use which is otherwise than in accordance with the relevant instructions for use of the Products in these data sheets or on the Product. Product Users are advised to confirm the suitability of the Products by their own tests.
GOODS LOST OR DAMAGED IN TRANSIT
No claim can be entertained unless notification within 24 hours of delivery of goods has been received in the event of any shortage or damage and within 3 days of receipt of the invoice (if the goods have been delivered) otherwise the goods shall be deemed to have been accepted by the customer as being in good order and in conformity with the contract. Loss of goods in transit to the customer must be notified in writing to the company within 7 days of the expected delivery date.
The company warrants that the goods manufactured are free from defects in materials and workmanship. Stormsure Ltd’s sole liability under such warranty will be limited to replacing, repairing or issuing credit at its option for any goods which within six months of delivery are returned carriage paid to the company and which the company accepts as having been defective in materials or workmanship.
The Company shall incur no liability under this warranty:
Unless the Company is promptly notified in writing upon discovery of any defects by the customer within 5 days.
For any goods in which an alleged defect is found on examination to have been caused whole, or in part, by misuse, neglect, incorrect storage or application, alteration, or accident or are due to normal wear and tear.
For any transport, removal, labour or other costs
For any proprietary or other goods not manufactured by the company, but the Company will use its best endeavours to pass on to the customer the benefit of any claim made by the company and accepted by the manufacturer of such goods under warranty given by the manufacturer.
For any products submitted as samples, for a test, report or evaluation.
THIRD PARTY CLAIMS
The customer shall indemnify Stormsure Ltd against all damages, penalties, costs and expenses arising out of the infringement of any patent, registered design or trademark (or any claim from such infringement) resulting from the manufacture of goods to the customers own specifications, drawing, designs or instructions. The customer shall keep the Company fully indemnified in respect of any such claims which may be made against the Company by any third party (which expression shall include servants and agents of the customer) arising out of the supply of any goods howsoever such may arise.
Where any trade descriptions or other indication or representation is applied to any goods at the customer's request, the customer warrants that the same will be true and accurate in all respects and that the supply, or offer of supply of any such goods by a person, will not give rise to an offence by the company under the Trade Descriptions Act 1968.
RETURN OF GOODS
Goods supplied in accordance with the buyer’s orders may later be returned to the Company only with the Companies permission in writing. For standard stock items, the buyer will require to pay the company a handling charge of 10% of the list price of such returned goods.In the case of special items the handling charge will depend on the value to the company of the returned goods.
This contract will be deemed to be subject to the Laws of England.