DELIVERY, TRANSFER OF RISK AND TITLE
- We will contract you with an estimated delivery date, which will be set out within our Order Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 for our responsibilities when this happens.
- In order for us to make readily available the Products, you are to notify us of any difficulties to be aware of in accessing the location specified in which we are to deliver the Products (hereafter the “Delivery Location”).
- Delivery is complete once the Products have been unloaded at the address for delivery set out in your Order and the Products will be at your risk from that time.
- You own the Products once we have received payment in full, including of all applicable delivery charges.
- If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement Products of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.
- Where you have failed to take or accept delivery of the Products on the notified delivery date:
- delivery of the Products will be deemed to have taken place on 09:00am the day after the notified delivery date;
- we may, at your cost, arrange to redeliver the Products on an alternative delivery date; and
- we shall store the Goods until delivery takes place, and shall charge you for all related costs and expenses (including insurance).
- If you fail to take delivery within 5 days after the day on which we notified you that the Products were ready for delivery, we may resell part of, or all the Products.
INTELLECTUAL PROPERTY RIGHTS
- You agree that any and all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”) in the Products remain our exclusive property (or where applicable, our licensors).
- We hereby grant a non-exclusive, non-sublicensable, royalty-free, revocable licence to you to make use of the Intellectual Property Rights subsisting in the Products as set out in accordance with these Terms only. You may not copy, reproduce, upload, post, distribute or modify any Products in any way or use any of our Intellectual Property Rights in any way with obtaining a licence from us to do so.
IF THERE IS A PROBLEM WITH THE PRODUCTS
Please Note: All Earth Range Products are bespoke items, manufactured to customer specific requirements and are not eligible for return other than for manufacturing defects and faults
- We warrant that on delivery, the Products shall:
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Products Act 1979); and
- be fit for any purpose held out by us.
- Subject to clause 9.3, if:
- you notify us within 72 hours from the date of delivery (“Inspection Period”) via the our online portal that some or all of the Products do not comply with the warranty set out in clause 9.2;
- we are given a reasonable opportunity of examining the Products; and
- we ask you to do so, you return the Products to us at your cost,
we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
- We will not be liable for breach of the warranty set out in clause 9.2 if:
- you make any further use of the Products after giving notice to us under clause 9.3;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the Products without our written consent;
- the defect arises because you failed to follow our instructions relating to the storage, commissioning, care, use and maintenance of the Products, or (if there are none) good trade practice regarding the same;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- We will only be liable to you for the Products’ failure to comply with the warranty set out in clause 9.2 to the extent set out in this clause 9.
- Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
- These Terms also apply to any repaired or replacement Products supplied by us to you.