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Home Page > About Us > Conditions of Sale

Conditions of Sale

Conditions of Sale

Sunfish Services Limited provide access to the sunfishservices.com website (the "website") and sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the sunfishservices.com website. By using the sunfishservices.com website, you signify your agreement to be bound by these conditions.

Conditions of Sale via sunfishservices.com

Definitions

“Us”, “Our(s)”, “We”, sunfishservices.com, Sunfish Services means Sunfish Services Limited, Unit 6 Station Yard, Station Road Melbourne, Derbyshire, United Kingdom, DE73 8HJ;

“You”, “Your(s)” or “Yourself” means you the Purchaser;

“Products” “Goods”or “Services” means the goods and/or services supplied by Us.

“Conditions of Sale” the standard conditions of sale set out in this document;
“Contract” the contract for the sale and purchase of the Goods and Services.

Our contract

These conditions shall govern the terms upon which We shall supply the Products and if applicable, the Services, so that any conditions contained in or referred to in Your purchase order shall not bind Sunfish Services unless We expressly agree in writing to vary these conditions.

When You place an order to purchase a product from sunfishservices.com, we will send you an e-mail confirming receipt of Your order and containing the details of Your order. Your order represents an offer to Us to purchase a product which is accepted by Us when we send e-mail confirmation to You that We've dispatched that product to You (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to You. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.

Misrepresentation Act 1967
Information and technical data contained on-line, in catalogues and technical publications is for guidance purposes only and We will not be held responsible for any mistakes and or wrong interpretations of such information. Sunfish Services will also not be held liable for verbal representations about any of Our products, other than in the case of fraudulent misrepresentation.

Product & Information Alterations
Sunfish Services Limited reserves the right to withdraw or make alterations to its products without notice or liability. We reserve the right to substitute goods within your order with goods of an equivalent nature. If you do not wish to accept the substituted goods then the products must returned to us within 7 days of receipt, in line with our Return’s Policy.

Returns

A purchaser who cancels an order or who receives an order and wishes to return it, should inform us in writing within 7 days of the delivery date and we will arrange collection. You should ensure the goods are properly prepared for collection. Sunfish Services Limited will refund the Purchaser’s full invoice amount within 28 days of receiving the goods, subject to inspection and them being returned ‘as new’ in re-sellable condition. The Purchaser will be liable for any damage to the goods, however caused, and Sunfish Services Limited shall withhold any amount it deems necessary from the Purchaser’s refunded amount.

Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

The price payable by the Purchaser is the price prevailing at the time of despatch. Sunfish Services is entitled to alter prices without notice prior to despatch.
Payment of the Total Contract Price (plus VAT) is to be made with Your Order either by Credit Card. Invoices will not be raised prior to the date of delivery. Your order will be confirmed by e-mail and the goods despatched once your credit card payment has been accepted
All transactions are to be paid for in UK Sterling currency.

Delivery and Risk

Orders can only be taken for delivery to addresses in mainland Britain and Northern Ireland. Unless otherwise specified delivery shall be deemed to take place when the products are delivered to Your premises, or alternative delivery address as specified by the Purchaser. A charge may be made for delivery. Any such charge will be detailed at the point of order, though this may be subject to change. Should this delivery charge change the Purchaser will be informed in writing before the goods are despatched. Should the price be unacceptable to the Purchaser, Sunfish Services will accept a written cancellation of the order, with no penalty to the Purchaser. All products despatched by Sunfish Services will be delivered by a method of transport selected by Sunfish Services in the absence of contrary agreement with the Purchaser. Products are at the risk of the Purchaser from the time of despatch and the Purchaser is then liable for the invoice value. Claims from incorrect delivery shortages, damage to goods in transit or other discrepancies notified in writing to Sunfish Services and the carrier within seven days of delivery may be considered. Claims for non-delivery will also be considered if notified to Sunfish Services within 3 days of the date of despatch shown on the invoice. Sunfish Services is not liable for any loss or damage to products returned for repair or credit unless Sunfish Services agrees to repair or replace them under warranty and the Purchaser sends separate written advice to Sunfish Services at the date of despatch and is not negligent in the packing, addressing or choice of transport for the products returned. The Purchaser agrees to pay for any loss, or extra cost incurred by Sunfish Services through the Purchaser’s instructions, or lack of instructions, or through failure, or delay in taking delivery, or through any act or default on the part of the Purchaser, its servants, agents or employees.

Secondary Damage
Sunfish Services is not liable for any damage to property or consequential loss, e.g. loss of product, loss of profit, loss of goods in store which arises by defects or delays in delivery of products irrespective of the cause, including faulty manufacture.

Disclaimers
Sunfish Services reserves the right to change, modify, remove or substitute without notice any information shown on the web site from time to time. Prices and availability are subject to change. To the extent permitted by law, Sunfish Services shall not be liable for direct, indirect or consequential loss or damage arising out of the Services or Products sold from or referred to in this web site, or from the use or inability to use any of the information contained or accessed from this web site. Sunfish Services will not be liable for any loss or damage related to any business, such as loss of data, loss of profits, business interruption or any other indirect, special or consequential loss or damage caused to that business. Sunfish Services will not be liable for any delay or failure to perform our respective obligations under this contract due to circumstances beyond our reasonable control. If any of these terms or disclaimers shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Suitability of Products
Sunfish Services makes no representation that any product or service referred to in this web site will be appropriate for use in locations other than those implied. It is the responsibility of the Purchaser to locate, use and maintain equipment in accordance with their responsibilities.

Access to Web Site
There is no charge imposed by us for access to this web site, but you, the user, or the Purchaser must pay the cost of the communications link you use to visit. Access to this web site may be suspended, restricted or terminated at any time, without notice.

Accuracy of Information
Sunfish Services accepts no responsibility for the information or practices presented in this web site or other information, practices or products of other parties linked to this web site. The Purchaser’s dealings with such persons found via this web site are between the Purchaser and such persons, and Sunfish Services will not be liable for any loss or damage arising out of such dealings.

Age Restrictions
Sunfish Services Limited will not supply any person less than 18 years of age.

Warranty

The Purchaser acknowledges that Sunfish Services will acquire Goods from various sources. In these circumstances, the Purchaser will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Sunfish Services (“the warranty period”).

The above warranty is given by Sunfish Services subject to the following conditions:

Sunfish Services shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow Sunfish Services’ instructions (whether oral or in Writing) misuse or alteration or repair of the Goods without Sunfish Services’ approval;

Sunfish Services shall be under no liability in respect of any damage to the Goods caused during transit;

Sunfish Services shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

Subject as expressly provided in these Conditions of Sale, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

A claim by the Purchaser which is based on any defect in the quality or condition of the Goods shall (whether or not delivery is refused by the Purchaser) be notified to Sunfish Services within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Purchaser does not notify Sunfish Services accordingly, the Purchaser shall not be entitled to reject the Goods and Sunfish Services shall have no liability for such defect or failure, and the Purchaser shall be bound to pay the price for the Goods as if the Goods had been delivered in accordance with the Contract.

Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet any specification is notified to Sunfish Services in accordance with these Conditions of Sale, Sunfish Services may replace the Goods (or the part in question) free of charge or, at Sunfish Services’ sole discretion, refund to the Purchaser the price of the Goods (or a proportionate part of the price), in which case Sunfish Services shall have no further liability to the Purchaser.

Terms of Payment
Invoiced prices are strictly net and unless otherwise agreed in writing are payable at the point of order and before the goods are despatched. If, for whatever reason, goods are despatched to the Purchaser before full payment is received, the following conditions apply, without prejudice to any other rights or remedy available to Sunfish Services shall be entitled to (a) Cancel the contract or suspend any further deliveries to the Purchaser; (b) charge the Purchaser interest (both before and after any judgement) on the amount unpaid at the rate of 3% per annum above Barclays Bank rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

Transfer of Ownership
Sunfish Services remains the owner of the products until it receives full payment of the price invoiced. Until such time as ownership in the products passes to the Purchaser, Sunfish Services is entitled at any time to require the Purchaser to return them to Sunfish Services and if the Purchaser defaults, to enter the premises where the products are stored and repossess them. The Purchaser is not entitled to pledge or charge in any way the products which remain owned by Sunfish Services and if the Purchaser does so all monies owing by the Purchaser to Sunfish Services shall immediately become due and payable without prejudice to any other right or remedy of Sunfish Services.

Whole Agreement
No alteration or variation of the Agreement shall have effect unless in writing and signed by the Purchaser and a Director or the Company Secretary on behalf of Sunfish Services.

Force Majeure
We shall make every effort to comply with Our obligations but we cannot be held responsible for circumstances which are beyond Our reasonable control. If We are unable to perform Our obligations by reason of any such force majeure event, then We shall give You notice in writing of the circumstances giving rise to it, and after a period of three (3) months either of us shall have the right to terminate any order by giving notice in writing to the other without any liability except for sums accrued due under the Contract.

Termination
If either of us shall be in breach of our obligations under the order then the other may by seven (7) days notice in writing terminate the order.
We shall be entitled to terminate the order immediately without notice if You shall enter into liquidation, receivership, administrative receivership or You make any arrangement or composition with creditors, or if You are an individual, any petition or receiving order in bankruptcy shall be presented or made against You.
If either of us shall terminate the order in accordance with its terms then such termination shall be without prejudice to our respective accrued rights and obligations .

Amendments or Cancellations
The order may be amended or cancelled by You in accordance with the provisions set out in these conditions or, with Our written approval, or alternatively upon terms which indemnify Us against any losses including loss of profit or additional costs resulting there from.

Assignment
Any order is personal to You and or Your Company and may not be assigned or otherwise transferred without Our written consent.

Electronic communications

When You visit sunfishservices.com or send e-mails to us, You are communicating with Us electronically. We communicate with You by e-mail or by posting notices on the website. For contractual purposes, You consent to receive communications from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to Our website, policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Conditions of Sale in force at the time that You use the website or that You order goods from Us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Waiver

No waiver by Sunfish Services of any breach of the Contract by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.

Governing law and jurisdiction

The Contract shall be governed by the laws of England and Wales and the Customer agrees to submit to the non exclusive jurisdiction of the English Courts.

Carriage just
£4.00 excl. VAT
on all orders
(UK Mainland Only)