Terms & Conditions

Last updated on 1st May 2004

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER. THESE TERMS AND CONDITIONS APPLY TO ALL TRANSACTIONS ON THIS SITE. THEY DO NOT AFFECT YOUR STATUTORY RIGHTS. WE RECOMMEND THAT YOU PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE.

You will be asked to read and accept the terms and conditions each time you place an order. We may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site as shown above on the right.

1. CONTRACT

1.1 These terms of sale apply to all goods supplied by Bay Plastics Ltd.
1.2 After submitting an order to us we will give you an Order Reference Number and details of the products you have ordered. We will send the same details to you in an e-mail (1st e-mail). Please note that this e-mail is an acknowledgement, not acceptance of your order.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail (2nd e-mail). It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 No contract exists between you and the company for the sale of any goods until we have received and accepted your order and we have received payment in full (in cleared funds). Then there is a binding legal contract between us.
1.5 Alternatively, we may decline all or part of your order for any reason, in which case our third email will tell you so.

2. PRICE

2.1 All prices and charges on this site are shown in UK pounds sterling.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible and let you know when delivery will be. If you are not satisfied with delivery we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the website are accurate at the time you place your order. If we discover an error in the price or description of a product, carriage, freight or insurance cost on your order we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order.
2.4 Unless otherwise stated prices are exclusive of VAT.

3. PAYMENT

3.1 Payment for the goods and delivery charges can be made by any method shown on the website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.

4. DELIVERY

4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Delivery times are calculated in working days - i.e. Monday to Friday inclusive. If you order after 2.00pm, please calculate your delivery time as if your order had been placed the following working day. Next working days do not include Saturdays or public holidays. Saturday delivery service is available on days which are not public holidays.
4.3 Our charge depends on the weight of your order. You only pay one delivery charge, irrespective of the number of products ordered when all the goods are delivered at the same time. Additional delivery charge may be required for goods to be delivered on separent delivery dates, we will inform you as soon as possible and offer you the option of reconfirming your order with the additional carriage charge.
4.4 Delivery charges as specified are for delivery to UK mainland only. For delivery charges to the Scottish Highlands and to any other country, price upon application, we will contact you within 24hours with the delivery charge and your confirmation before your order is processed.
4.5 All local deliveries will be delivered by our own delivery service. All non-local deliveries will be delivered by courier. We will notify you which delivery method we will use and confirm delivery date when we send you our second e-mail.
4.6 We will make every effort to deliver goods within 48hrs, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed, we will contact you via E-mail or phone beforehand to confirm delivery date.
4.7 All deliveries must be signed for but please check goods for damages before signing. (Except items sent by post and which are small enough to be put through your letterbox) If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.8 Please allow extra time for deliveries to Scottish islands or if you apply for credit account (we need to receive your signed application form back before we can process your order.)

URGENT NEXT DAY DELIVERIES ARE AVAILABLE - PLEASE RING OUR SALES LINE 0191 258 0777.

4.9 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the company) then without prejudice to any other right or remedy available to the company, we may:
4.9.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.9.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.10 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
4.11 Time for delivery shall not be of the essence. The goods may be delivered in advance of the quoted delivery date.
4.12 In the event of shortages or damage in transit claims must be sent in writing to the Company within seven days of delivery and to the carrier within three days of delivery or such longer period as the carrier's conditions permit, specifying the shortages or damages in transit and the Company must be given an opportunity to inspect the goods before any resale or use in made thereof or any alteration or modification is made thereto by the Buyer.
4.13 In the event of non-delivery, claims must be sent in writing to the carrier and to the Company within ten days of the date of the Company's advice note or invoice or other notification of despatch, or such shorter time limit as may be specified in any conditions of the carrier.

5. RISK / TITLE

5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
a) the goods, and
b) all other sums which are or which become due to the Supplier from you on any
account
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

6. TITLE FOR BUSINESS CUSTOMERS

6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Company) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Company's property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Company; and condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request you shall produce the policy of insurance to the Company; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.

7. CANCELLATION

7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you recieve the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Company by letter giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Company at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Company that you are cancelling the contract, the Company will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 If you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the goods are made to the customers specification, personalized goods i.e. plastic products and materials that have been cut down to customers custom sizes.

8. WARRANTY

8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Company, failure to follow the Company's instructions, or any alteration or repair carried out without the Company's approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify us by letter or by phone within 7 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Company in writing or by phone, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.

9. LIMITATIONS OF LIABILITY

9.1 The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Company shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. DATA PROTECTION

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you.

11. APPLICABLE LAW

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

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