Terms Of Sale

Website Terms and Conditions of Supply

1 Introduction
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products and/or the training and/or equipment maintenance services listed or described on our website www.innserveltd.co.uk from time to time to you. Please read these website terms and conditions of supply carefully before ordering any Products and/or Services from our site. You acknowledge that by ordering any of our Products and/or Services, and clicking the check box at the end of the order process in accordance with section (4) (d) below you agree to be bound by these terms. Please note that certain training Services may not be available for purchase using our Site and can only be ordered by phone or email. By ordering such Services by phone or email you confirm that you accept these terms applying to such purchase to the extent that they are relevant to such purchase.
2 Interpretation
In these terms, “we” means Innserve Ltd (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for Products and/or Services available for purchase through our site (and “your” will be construed accordingly); and "working day" means any day other than a Saturday, a Sunday or a public holiday in England and Wales.

(3) Availability of our site

Our site is only intended for use by people resident in the United Kingdom and the Republic of Ireland. We do not accept orders for Products or Services from individuals outside of the United Kingdom or the Republic of Ireland.

(4) Order process and how the contract between you and us is formed

The advertising of Products and/or Services on our site constitutes an invitation to treat; and your order for Products and/or Services (placed by following the steps outlined in sub-sections (a) – (d) below of this section (4)) constitutes a contractual offer to buy the relevant Products and/or Services. No contract will come into force between you and us in respect of such Products and/or Services unless and until we accept your order by sending you an order confirmation in accordance with the sub-section (e) below of this section (4).

In order to enter into a contract to purchase Products and/or Services from us, you will need to take the steps set out in (a) to (d) below:

(a) you must add any Products and/or Services you wish to purchase to your "shopping cart" on our site, and then proceed to the "checkout";

(b) you must enter or confirm your billing address and delivery address;

(d) you must click on the button marked "I Accept" to confirm that you accept them. If you refuse to accept these terms by clicking on this button, you will not be able to order any Products or Services from our site.

(e) once we have checked whether we are able to meet your order, we will either send you an email confirmation or we will confirm by email that we are unable to meet your order. At the point of us sending the Order Confirmation, your order will become a binding contract for the purchase of Products and/or Services incorporating these terms.

The Contract will relate only to those Products and/or Services referred to in the Order Confirmation.

We will not file a copy of these terms specifically in relation to your order. We may update the version of these terms on our site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms for your records.

The only language in which we provide these terms is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors via the ordering screen (for example in relation to quantity or type of Products and/or Services you wish to purchase or address for delivery). You may correct those input errors before placing your order by editing the details on the ordering screen, or via your account management screen.

(5) Product descriptions and images

We will use our reasonable endeavours to ensure that the descriptions of Products on our site are as accurate as possible. However we do not warrant that Product descriptions or other content on our site is accurate, complete, reliable, current, or error-free. If a Product offered by Innserve Ltd itself is materially different to the corresponding description on our Site, your sole remedy is to return it in unused condition and to request a refund in accordance with section (14) below, provided you have informed us of the issue by telephone prior to doing so.

Images of Products on our site are for illustrative purposes only; actual Products may differ from such images.

(6) Price and payment

Prices for Products and Services are as quoted on our site from time to time. It is always possible that some of the prices on our site may be incorrect. We will verify prices as part of our sale procedures so that the correct price of Products and Services will be stated when you order the Product and/or Services by following the steps set out in section (4) above.

In addition to the price for Products, you will have to pay a delivery charge for delivery of Products, which will be as stated when you order the Product by following the steps set out in section (4) above.

Payment for Products and/or Services together with the applicable delivery charges must be made upon the submission of your order. We may withhold the Products and/or Services and/or cancel the Contract between us if the price is not received from you in full in cleared funds.

The prices on our site include all value added taxes (where applicable).

Payment for all Products and/or Services must be made by Credit/Debit Card (Protx)

Prices for Products and Services are liable to change at any time, but changes will not affect Contracts made pursuant to these terms which have come into force.

(7) Delivery of Products and provision of Services

To the extent that a Contract is wholly or partly in respect of the purchase of Products by you from us, the following sub-sections of this section (7) shall apply:

(a) We will arrange for the Products to be delivered to the address for delivery indicated in your order for Products (placed by following the steps set out in section (4) above).

(b) We will use reasonable endeavours to despatch Products to the Delivery Point via 1st Class Recorded Delivery on the next working day after the order was placed. However, we cannot guarantee that delivery will take place on such day and any dates specified by us for delivery of the Products in an Order Confirmation are intended to be an estimate only. For the avoidance of doubt time for delivery of the Products shall not be of the essence. We shall not be liable for any direct, indirect or consequential loss (including without limitation pure economic loss, loss of profits, loss of business or depletion of goodwill), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the Products. We may deliver the Products by separate instalments. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of the Order Confirmation.

(d) You shall provide at the Delivery Point and at your expense adequate and appropriate equipment and manual labour for unloading and taking delivery of the Products.

To the extent that a Contract is wholly or partly in respect of the purchase of Services by you from us, the following sub-sections of this section (7) shall apply:

(e) We warrant to you that we shall perform any Services purchased from us through our site with all reasonable skill and care and in accordance with good industry practice.

(f) We will use reasonable endeavours to provide the Services to you in accordance in all material respects with the descriptions of the Services on our site or in the Order Confirmation.

(g) We will use reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services. We shall not be liable for any direct, indirect or consequential loss (including without limitation pure economic loss, loss of profits, loss of business or depletion of goodwill), costs, damages or expenses caused directly or indirectly by any delay in the performance of the Services.

(h) If the Services are to be provided at your premises, we will use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at your premises and that have been communicated to it under us, provided that we shall not be liable under the contract if, as a result of such observation, we are in breach of any of our obligations under the Contract.

(i) We and you shall comply with all legislation, statutes, regulations and other enactments having the force of law from time to time that is applicable to the provision of the Services.

(8) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms;

(b) you are resident in the United Kingdom or the Republic of Ireland and are accessing our site from the United Kingdom or the Republic of Ireland;

(d) you will be able to accept delivery of the Products.

(9) Your obligations in respect of the Services

To the extent that a Contract is wholly or partly in respect of the purchase of Services by you from us, you shall:

(a) co-operate with us in all matters relating to the Services;

(b) (save where the Services to be provided under the Contract are solely training services to be provided at our premises) provide us and our agents, sub-contractors, consultants and employees, in a timely manner and at no charge with access to your premises and facilities as required by us, and ensuring that you identify, monitor, remove and dispose of any hazardous materials from your premises in accordance with all applicable laws, before and during the supply of the Services at those premises;

(c) (save where the Services to be provided under the Contract are solely training services to be provided at our premises) inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at your premises; and

(d) provide us, in a timely manner, such in-put, material and other information as we may require for the provision of the Services.

If our performance of our obligations under the contract for the purchase of Services made pursuant to these terms is prevented or delayed by any act or omission of you, your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.

(10) Duration and termination of a Contract involving the purchase of Services

(a) A Contract wholly or partly for the purchase of Services by you from us shall commence at the time we send you the Order Confirmation as set out in section (4) above, and the Services shall continue to be supplied for such period or on such dates as is specified in the Order Confirmation unless the contract is terminated by you or us in accordance with this section (10).
(b) Without prejudice to any other rights or remedies which we or you may have, we or you may terminate a Services Contract without liability to the other party immediately on giving notice to the breaching party if:
(i) the breaching party fails to pay any amount due under the Services Contract on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment;
(ii) the breaching party commits a material breach of any of the terms of the Services Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach;
(iii) the breaching party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a partnership) has any partner is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
(iv) the breaching party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of the breaching party with one or more other companies or the solvent reconstruction of the breaching party;
(v) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of the breaching party other than for the sole purpose of a scheme for a solvent amalgamation of the breaching party with one or more other companies or the solvent reconstruction of the breaching party;
(vi) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the breaching party;
(vii) a floating charge holder over the assets of the breaching party has become entitled to appoint or has appointed an administrative receiver; or
(viii) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; or
(ix) a creditor or encumbrancer of the breaching party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
(x) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.

(i) you shall immediately pay to us all of your outstanding unpaid invoices and interest and in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice which shall be immediately payable in receipt; and

(ii) the accrued rights and liabilities of you and us as at termination, and the continuation in force of any provision expressly stated to survive or implicitly surviving termination, which shall include this section (10), and sections (16) and (21), shall not be affected.

(11) Risk and ownership

The Products will be at your risk from the time of delivery to the Delivery Point.

Ownership of the Products will only pass to you upon the later of:

(a) delivery of the Products; and

(b) receipt by us of full payment of all sums due in respect of the Products (including delivery charges).

(12) “Cooling off” period

You may cancel a Contract to purchase a Product or Products and/or Services at any time within 7 working days after the day you received the relevant Products or Products or within 7 working days of placing the order for the Services, provided that the Services have not yet been received (subject to the limitations set out below).

If you cancel a Contract on this basis, you must inform us in writing and (in the case of Contracts for the purchase of Products) return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of delivering the Products to the Delivery Point). However, you will be responsible for paying the cost of returning the Product to us.

If you cancel a Contract for the purchase of Products on this basis and you do not return the Products to us, we may recover the Products from you and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.

(13) Statutory rights

Nothing in these terms affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(14) Refunds

When you return a Product to us because you claim that the Product is materially different to its description on our site, we will examine the returned Product and if we agree that it is materially different to its description on our site we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the Product. Any refunds made pursuant to this section (14) shall include a refund of the delivery charges for delivering the item to the Delivery Point and the cost incurred by you in returning the Product to us.

(15) Quality of Products

(a) We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products which are equivalent or substantially similar to the Products are commonly supplied.

(b) We shall not be liable for a breach of any of the warranties in sub-section (a) above unless:

(i) you give written notice to us of the defect and, if the defect is as a result of damage in transit, within 7 days of the time when you discover or ought to have discovered the defect;

(ii) we are given a reasonable opportunity after receiving notice given by you to examine the relevant Product and you (if asked to do so by us) return the Product to our place of business at our cost for the examination to take place there.

(i) you make further use of the Product after giving us notice under sub-section (b)(i) above;

(ii) the defect arises because you failed to follow our oral or written instructions (including in documentation supplied with the Product) as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice; or

(iii) you alter or repair the Product without our prior written consent.

(d) Subject to sub-sections (b) and (c) above, if any Products do not conform to any of the warranties in sub-section (a) above, we shall at our option repair or replace such Products (or the defective part) or refund the price of such Products provided that if we so request you shall return to us at our cost the Products or part(s) thereof which are defective.

(16) Our liability

(a) Subject to section (15) above, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents or sub-contractors) to you in respect of:

(i) any breach of the Contract;

(ii) any use made by you of any Products or any goods or products incorporating the Products or use made by you of the Services; and

(iii) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

(b) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

(i) for death or personal injury caused by our negligence;

(ii) for fraud or fraudulent misrepresentation; or

(iii) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

d) Subject to sub-sections (b) and (c) above, we shall not be liable to you for:

(i) loss of profit;

(ii) loss of business; or

(iii) depletion of goodwill and/or similar losses;

(iv) loss of anticipated savings; or

(v) any special, indirect or consequential loss whatsoever

which arise out of or in connection with the Contract.

e) Subject to sub-sections (b) and (c) above, our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Products and/or Services you purchased. For the avoidance of doubt any failure of the Products to conform to any of the warranties in sub-section (a) of section (15) above which shall be dealt with under sub-section (d) of section (15) above.

(17) Communications in writing

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(18) Notices

All notices given by you to us must be given to Innserve Ltd at the address set out in section (22) below or by email to the email address set out in section (22) below. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in section (17) above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(19) Force Majeure Events

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.

Force Majeure Events include any act, omission or event outside of our reasonable control and include, but are not limited to, the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

(e) impossibility of the use of public or private telecommunications networks.

Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

(20) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use you of our site will be subject to our site's terms of use.

We may revise and amend these terms from time-to-time. You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to these terms, unless you notify us to the contrary within seven working days of receipt by you of the Products or the first performance by us of the Services). Other than as set out in the preceding sentences, the Contract may only be varied by an instrument in writing signed by both you and us.

If any provision of these terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms.

Each Contract is binding on you and us and on our respective successors and assigns. You may not assign, charge, sub-contract or otherwise transfer any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under any Contract, at any time – providing such action does not serve to reduce the guarantees benefiting you under the Contract.

Each Contract is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under a Contract is not subject to the consent of any person who is not a party to the Contract.

These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of each Contract made between you and us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms.

(21) Governing law and jurisdiction

Contracts made pursuant to these terms will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(22) About us

Our full name is: Innserve Ltd.

www.innserveltd.co.uk is a site operated by us.

Our registered office is:
The Old Maltings
Leeds Road
Tadcaster
North Yorkshire
LS24 9HB

Our company registration number is: 4990992

Our email address is: info@innserveltd.com

Our VAT number is: 830 9652 21