Terms & Conditions
“ Every company conducts its business in accordance with clear terms and conditions. At Key we will always try to "do the right thing", putting the needs of our customers first whenever it's fair to do so. ”
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2.INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Key Industrial Equipment Limited a company registered in England and Wales. Our Company Registration number is 01092975 and our registered office is at Blackmoor Road, Ebblake Industrial Estate, Verwood, Dorset, BH31 6AT.
2.2. How to contact us. You can contact us by telephoning our customer service team on 0800 652 6000 or by writing to us at email@example.com or 35 Blackmoor Road, Ebblake Industrial Estate, Verwood, Dorset, BH31 6AT.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this will include e-mail.
3. OUR CONTRACT WITH YOU
3.1. These terms apply to orders for goods placed via telephone, in writing, via fax or via our website.
3.2. Each order for goods from you to us shall be an offer by you to purchase the goods and these terms will apply. Please ensure that you read these terms carefully, and check that the details on the order and in these terms are complete and accurate, before you sign or submit the order.
3.3. If you are a business customer these terms apply to the exclusion of all other terms and conditions including any terms or conditions contained in or referred to in your purchase order, confirmation of order or other document or implied by law, custom, practice or course of dealing or simply as a result of such document being referred to in the contract.
3.4. How we will accept your order. Our acceptance of your order will take place when we issue a written confirmation of the order or (if earlier) we deliver the goods to you, at which point a contract will come into existence between you and us.
3.5. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.6. These terms apply to all our sales and any variation to these terms and any statements made by us or our employees about the goods shall not be binding on us unless agreed in writing and signed by an authorised representative of Key Industrial Equipment Limited.
3.7. If you are a business customer you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the contract. Nothing in this Clause shall exclude or limit our liability for fraudulent misrepresentation.
3.8. Amendments to our catalogue and website: We may amend our catalogue and website from time to time to correct any typographical, pricing, clerical or other error or omission.
4.YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
4.1. If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. 30 DAY MONEY BACK GUARANTEE
5.1. Orders may only be cancelled in accordance with these terms.
5.2. This Clause reflects the goodwill guarantee offered by Key Industrial Equipment Limited to its UK customers, which is more generous than your legal rights. The 30 day Money Back Guarantee does not affect your legal rights in relation to faulty or misdescribed goods.
5.3. Our goodwill 30 Day Money Back guarantee: In addition to your rights to return goods as set out in Clause 6, you may return the goods at any time within 30 days, beginning on the day the goods are delivered if you are not satisfied with the goods. – but please see the exclusions set out below. Goods returned as part of our 30 day money back guarantee may be returned free of charge but must be unused, re-saleable and in the original packaging otherwise handling charges will be incurred.
5.4. This 30 Day Money Back Guarantee and free of charge returns policy only applies to goods delivered to mainland UK. If you wish to return an order delivered outside UK mainland, this may incur handling charges which will be discussed with you prior to the goods being collected and returned to us.
5.5. EXCLUSIONS: The Money Back Guarantee in Clause 5 does not apply in the following circumstances:
5.5.1. where we notify you at the time of your order that The Money Back Guarantee does not apply;
5.5.2. where you have ordered bulk or a large quantity of the same items of goods;
5.5.3. where the goods have been manufactured to your specific requirements, or for your specific order;
5.5.4. where the goods have been sourced specifically for you; and
5.5.5. if the goods do not appear for sale on the key.co.uk website or in our catalogue.
6. IF YOU ARE A CONSUMER: YOUR RIGHTS TO END THE CONTRACT, RETURN THE GOODS AND REFUND
6.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1. If the goods are faulty or misdescribed. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see Clause 15 for further information on your rights;
6.1.2. If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at Clauses 220.127.116.11 to 18.104.22.168 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
22.214.171.124. we have told you about an upcoming change to the goods or these terms which you do not agree to;
126.96.36.199. we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
188.8.131.52. there is a risk that supply of the goods may be significantly delayed because of events outside our control;
184.108.40.206. we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons; or
220.127.116.11. you have a legal right to end the contract because of something we have done wrong.
Your rights are set out in more detail in this Clause 6 below.
6.1.3. If you have just changed your mind about the goods (exercising your right to change your mind under the Consumer Contracts Regulations 2013). You have 14 days starting from the day after the day you (or someone you nominate) receive the goods to change your mind. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods. Your rights are set out in more detail in this Clause 6 below.
6.2. In all other cases (ending the contract where we are not at fault and there is no right to change your mind). If you do not have any other rights to end the contract you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Your rights are set out in more detail in this Clause 6 below.
6.3. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
6.3.1. made-to-measure goods;
6.3.2. goods made to your specification;
6.3.3. any goods which become mixed inseparably with other items after their delivery; or
6.3.4. goods received sealed for health protection or hygiene reasons that are unsealed after delivery.
6.4. How to cancel: To cancel a contract, in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form that can be downloaded from our website and send it to us by e-mail or post to the addresses set out in this Clause 6.4.
You can also e-mail us at firstname.lastname@example.org or contact our Customer Care team by telephone on 0800 652 6000 or by post to Key, 35 Blackmoor Road, Ebblake Industrial Estate, Verwood, Dorset, BH31 6AT. If you are e-mailing us or writing to us but not using the cancellation form please include details of the order to help us identify it. If you send the cancellation notice by e-mail or by post, then your cancellation is effective from the date you send the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
6.5. Returning goods after ending the contract. If you end the contract for any reason after the goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
6.6. When we will pay the costs of return. We will pay the costs of return:
6.6.1. if the goods are faulty or misdescribed; or
6.6.2. if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
6.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
6.7.1. If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
6.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
6.8. We will refund you on the credit card or debit card used by you to pay for the goods. If you used vouchers to pay for the goods us may refund you in vouchers.
6.9. Deductions from refunds. If you are exercising your right to change your mind:
6.9.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
6.9.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7. OUR GOODS
7.1. The description of the goods shall be as set out in our catalogue or on our website.
YOU MUST CHECK THE DESCRIPTION AND THE SPECIFICATION OF THE GOODS SET OUT IN OUR CATALOGUE OR ON THE WEBSITE BEFORE PLACING YOUR ORDER.
PLEASE NOTE THAT SOME GOODS ARE NOT FOR PRIVATE USE IN A DOMESTIC DWELLING.
7.2. Goods may vary slightly from their pictures. All samples, drawings, descriptive matter, technical data, dimensions weights, specifications and advertising issued by us and any images of the goods in our catalogue and on our website and any descriptions or illustrations contained in our catalogue is issued or published as a guide and for illustrative purposes only and do not form part of the contract.
7.3. Although we have made every effort to display the colours and goods accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our catalogue accurately reflects the colour of the goods. Your goods may vary slightly from those images.
7.4. Packaging may vary. The packaging of the goods may vary from that shown in images on our website or in our catalogue.
8. OUR RIGHTS TO MAKE CHANGES
8.1. Minor changes to the goods. We may change the goods:
8.2. to reflect changes in relevant laws and regulatory requirements; and
8.2.1. to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
8.3. More significant changes to the goods and these terms. In addition, as we informed you in the description of the goods in our catalogue or on our website, we may make changes to the goods or these terms, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
8.3.1. changes in the specification, design or construction of the goods which are required to comply with any applicable safety or statutory requirements. These changes will not affect your use of the goods
8.3.2. changes to these terms which are required to comply with changes to relevant laws and regulatory requirements; and
8.3.3. changes in how we accept payment from you.
8.4. We reserve the right to discontinue any goods.
8.5. We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
8.5.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
8.5.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods.
8.6. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.5 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.1. Where to find the price for the goods. Unless otherwise agreed by us in writing, prices for goods are as listed in our catalogue or website www.key.co.uk from which the goods are purchased current at the date of dispatch of the goods. Prices are not guaranteed although every effort will be made to maintain them.
9.2. Where to find the price for the services. Unless otherwise agreed by us in writing, prices for services shall be as specified in the order
9.3. Price Match for goods the same type, size and quality and with the exact same specification as the goods you are ordering: If you find goods the same type, size and quality and with the exact same specification as the goods you are ordering at a lower price (including delivery costs but exclusive of Value Added Tax) (the Published Price) and place an order for such goods with us, we will beat any Published Price by 5%, including any delivery costs. This offer applies to published, non-discounted prices in catalogues or websites for identical goods only. You must provide written evidence of the lower Published Price, including any delivery costs, at the time of order. This Price Match offer will not apply to goods manufactured to your specific requirements, and IT goods.
9.4. Unless otherwise specified the price for all goods in our catalogue are exclusive of Value Added Tax and shall be payable in addition to the price of the goods.
9.5. Delivery costs Unless otherwise specified the price for the goods excludes the costs and charges of packaging, insurance, loading, unloading, postage and carriage of the goods, all of which amounts you shall pay when you are due to pay for the goods and which shall be as set out in our online order form or notified to you at the time of your order. Unless otherwise agreed by us in writing, delivery costs for goods to mainland UK addresses will be charged at the rates specified on the delivery costs page on our website at www.key.co.uk/en/key/delivery-information. We may amend these delivery costs from time to time. Every time you order any goods, please check the delivery costs page to ensure you understand the costs that will apply. Delivery charges outside mainland UK will be by arrangement.
9.6. In the event that we incur additional costs in supplying the goods to you due to unforeseen circumstances not specified or known by either party on the date of order you will pay such additional costs when you are due to pay for the goods.
9.7. We may, by giving notice to you at any time before delivery, increase the price of the goods to reflect any increase in the cost of the goods that is due to:
9.7.1. any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
9.7.2. any request by you to change the delivery date, quantities or types of goods ordered or the specification; or
9.7.3. any delay caused by your instructions or failure by you to give us adequate or accurate information or instructions,
we will notify you of any changes and any additional costs will be paid at the same time you are due to pay for the goods. If you are a consumer your rights in Clause 6 will apply if we make any of these changes.
9.8 What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the goods on our website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling the order. We will not process your order until we have your instructions. If we are unable to contact you, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
10.1. The price for the goods, Value Added Tax and any carriage charges are strictly net and, unless we agree any other payment method or extended credit terms in writing, payment is due in full without any deductions (whether by way of set-off, counterclaim, discount, abatement or otherwise) by the 20th day of the month following invoice date (subject to credit status), when the full invoice value becomes due.
10.2. Should credit status not be met, payment is required in advance of goods dispatch.
10.3. If you fail to pay us any sum due pursuant to the contract you will be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of HSBC Bank plc.
10.4. Time for payment of the price shall be of the essence of the contract. This means that if you do not pay us when payment is due, we may terminate the contract between us.
11.1. Unless otherwise agreed in writing by us, delivery of the goods shall take place at the address set out in the order only and you will be responsible for off-loading the goods.
11.2. When we will provide the goods - Next Day Delivery: Next day delivery applies to goods in stock at the time of order and to those goods to which next day delivery applies i.e. goods marked with the next day delivery logo in our catalogue or on our website. For all other goods, we shall use our reasonable endeavours to advise you of a delivery date for the goods. Any dates specified by us for delivery of the goods are an estimate only.
11.3. If next day delivery does not apply or no dates are so specified, delivery shall be within a reasonable time of acceptance of the order.
11.4. Delivery shall be made by us or a courier nominated by us during normal business hours (excluding bank or public holidays). We may levy additional charges for any deliveries made at your request outside such hours.
11.5. Pallet Deliveries: Pallet deliveries will be made to the kerbside only. Our driver shall not deliver goods up or down stairs and steps, via a lift or through a building. The driver will not remove the goods from the pallet or take the pallet away.
11.6. Parcel Deliveries: Parcel deliveries are delivered to a single ground floor location.
11.7. Special off-shore delivery shall be agreed in writing between us prior to delivery.
11.8. We are not responsible for delays outside our control. If our delivery of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If you are a consumer, provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
11.9. If you will not accept delivery of any of the goods when they are ready for delivery risk in the goods will pass to you and the goods will be deemed to have been delivered. You will be liable for any costs incurred by us in storing the goods where you does not accept delivery (including redelivery, storage and insurance costs).
11.10. We reserve the right to make partial deliveries. You shall not be entitled to object to or reject the goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata contract rate.
11.11. We shall be responsible for any damage, shortage or loss in transit, provided that you notify it to us (or our carrier, if applicable) within three days of delivery or the proposed delivery date of the goods and that the goods have been handled in accordance with our stipulations. Any remedy under this Clause 11.9 shall be limited, at the option of us, to the replacement or repair of any goods which is proven to our satisfaction to have been lost or damaged in transit.
12.1. The quantity of any consignment of goods recorded by us upon dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving otherwise.
12.2. We shall not be liable for any non-delivery of goods unless you notify us in writing of the failure to deliver within 5 days after the scheduled delivery date.
12.3. Any liability of us for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata agreement rate against any invoice raised for such goods.
13. OWNERSHIP OF GOODS
13.1. Delivery of an order shall be completed when we deliver the goods to the delivery address and the goods will be your responsibility from that time.
13.2. When you own the goods. You own the goods on the later of completion of delivery or once we have received payment in full for:
13.2.1. the goods; and
13.2.2. all other sums which are or which become due to us from you on any account.
13.3. Until ownership of the goods has passed to you under Clause 13.2, you must:
13.3.1. hold the goods on a fiduciary basis as our bailee;
13.3.2. store the goods (at no cost to us) in satisfactory conditions and separately from all other products of yours or any third party so that they remain readily identifiable as our property;
13.3.3. not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
13.3.4. keep the goods insured on our behalf for its full price against all risks to our reasonable satisfaction, and hold the proceeds of such insurance on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. On request you shall produce the policy of insurance to us.
13.4. You may not resell the goods before ownership has passed to you unless the third party is notified that you do not have title to such goods.
13.5. You grant us, our agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them. All costs incurred by us in repossessing the goods shall be borne by you.
14. WARRANTY AND RETURNS
14.1. Where we are not the manufacturer of the goods, we shall endeavour to transfer to you the benefit of any warranty or guarantee given by the manufacturer to us.
14.2. We warrant that on delivery (subject to the other provisions of these terms) the goods shall:
14.2.1. conform in all material respects with their description;
14.2.2. be of satisfactory quality (within the meaning of the Sale of goods Act 1979);
14.2.3. be fit for any purpose held out by us; and
14.2.4. for a period of one (1) year from the date of purchase (the Warranty Period) the goods shall be free from defects of workmanship and materials. We undertake (subject to Clauses 14.3 and 14.4), at our option, to repair or replace the goods which are found to be defective as a result of faulty materials or workmanship during the Warranty Period.
14.3. We shall not be liable for a breach of the warranty in Clause 14.2 unless:
14.3.1. you give written notice of the defect to us, and, if the defect is as a result of damage in transit to the carrier, within three (3) days of the time when you discover or ought to have discovered the defect; and
14.3.2. we are given a reasonable opportunity after receiving the notice of examining such goods and you (if asked to do so by us) return such goods to us at our cost for the examination to take place there.
14.4. We shall not be liable for a breach of the warranty in Clauses 14.2 if:
14.4.1. you fail to give the written notice required under Clause 14.3.1 or you make any use of goods which you have given written notice about under Clause 14.3.1; or
14.4.2. it is established to our reasonable satisfaction that the materials used in the manufacture of the goods or workmanship was not defective,
14.4.3. the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the goods or (if there are none) good trade practice;
14.4.4. the defect is caused by misuse or abuse of the goods or by improper use of the goods by you or use outside its normal application;
14.4.5. the defect arises due to normal wear and tear; or
14.4.6. you alter or repair the goods without our written consent.
14.5. Any repaired or replacement goods shall be under warranty for the unexpired portion of the 1 year Warranty Period.
15. IF YOU ARE A CONSUMER AND THERE IS A PROBLEM WITH THE GOODS
15.1. How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer care team by telephone on 0800 652 6000 or by writing to us at email@example.com or 35 Blackmoor Road, Ebblake Industrial Estate, Verwood, Dorset, BH31 6AT.
15.2. Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods your legal rights entitle you to the following: up to 30 days: if your item is faulty, then you can get a refund. up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases. up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
15.3. Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1. The following provisions set out the entire financial liability of Key Industrial Equipment Limited (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
16.1.1. any breach of the contract; and
16.1.2. any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the contract.
16.2. Nothing in these terms excludes or limits our liability:
16.2.1. for death or personal injury caused by our negligence; or
16.2.2. for fraud or fraudulent misrepresentation; or
16.2.3. defective products under the Consumer Protection Act 1987; or
16.2.4. breach of the terms implied by section 12 of the Sale of goods Act 1979; or
16.2.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.3. If you are a business customer:
16.3.1. Subject to Clause 16.2, except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the goods. 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. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.
16.3.2. We only supply the goods for internal use by your business, and you agree not to use the goods for any resale purposes.
16.3.3. Subject to Clauses 16.2 we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
18.104.22.168. loss of profits; or
22.214.171.124. loss of business; or
126.96.36.199. depletion of goodwill or similar losses; or
188.8.131.52. loss of anticipated savings; or
184.108.40.206. loss of goods; or
220.127.116.11. loss of contract; or
18.104.22.168. loss of use; or
22.214.171.124. loss or corruption of data or information; or
126.96.36.199. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
16.3.4. Subject to Clause 16.2, our total aggregate 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 the contract shall be limited to 1.5 times the price paid for the goods by you during the 12 months preceding the date acknowledged by us as being the date of the event giving rise to any liability.
16.4. If you are a consumer:
16.4.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process.
16.4.2. When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering the goods. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover.
16.4.3. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.5. This Clause 16 shall survive termination of the contract.
17. USE OF YOUR DATA
17.1. Our Privacy Notice sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data (where Personal Data has the meanings as defined in the Data Protection Legislation) we collect.
17.2. If you are a business, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to us for the duration and purposes of the contract.
18. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER RIGHTS
18.1. All copyright, trade marks and other rights created, subsisting or used in our catalogue, our website and in connection with the goods shall remain our sole property. For the avoidance of doubt, you shall not during or at any time after the completion, expiry or termination of the contract in any way question or dispute such ownership thereof by us.
19. OUR WEBSITE
19.1. You may access, download and store on a temporary basis pages from our website solely for the purpose of ordering the goods. Any permanent storage, copying or redistribution of any of the information set out in our website is strictly prohibited.
19.2. You may print off one copy and may download extracts, of any page(s) from our website for reference, You must not modify the copies of any materials printed off or downloaded in any way and must not use any illustrations, photographs or any graphics.
19.3. You may not modify any details on our website or reproduce or publicly display or distribute any such details for any commercial purpose whatsoever.
19.4. It is your responsibility to virus check all materials before downloading them from our website.
19.5. Where your website contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
19.6. You and third parties must obtain our express written permission before linking to our website.
20. EVENTS OUTSIDE OUR CONTROL
20.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control.
20.2. If an event outside our control takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you and our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of goods to you, we will arrange a new despatch date with you after the event outside our control is over.
21. COMPETITIONS & GIVEAWAYS
21.1. All winners are chosen at random by an independent adjudicator. All entrants must provide full name, address, and contact information. Winners will be contacted to arrange delivery of their prize. We will not share your information with any third party. Entries are limited to one contact per address. You shall indemnify Key Industrial Equipment Limited against all costs, claims or liabilities incurred by Key Industrial Equipment Limited arising out of or in connection with any claim made against Key Industrial Equipment Limited for payment of your employees Income Tax, National Insurance contributions and any other taxes and deductions payable in respect of the incentive. The Incentive is open to all business customers. Key Industrial Equipment Limited reserves all rights to request proof of eligibility at the time of the order being processed.
22. PROMOTIONS, PROMOTIONAL ITEMS & DISCOUNT VOUCHERS
22.1. Promotional items and vouchers cannot be used in conjunction with any other offer, promotion or pricing agreement. Promotional items are subject to availability and we reserve the right to substitute for an alternative product. Only 1 promotional item can be claimed per order. Any promotional item provided as a result of placing a sales order with us is provided directly to the ordering company. If the promotional product is then given to an employee by the company, the company will be liable for any Income Tax, National Insurance contributions and any other taxes and deductions payable in respect of the value of the promotional product or for any sums as may be required by law.
22.2. Promotional Discount Vouchers cannot be exchanged for cash or used for payment of a credit account. Only one voucher per customer and no change will be given if the value of the items ordered is less than the value of the voucher. Vouchers can only be redeemed against orders that are over the value stated on the voucher. The monetary value of a voucher is stated on the individual vouchers.
23. OTHER IMPORTANT TERMS
23.1. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the contract.
23.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of any guarantee in Clause 14.
23.3. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
23.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.5. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
23.6. If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
23.7. If you are a business, these terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contra3ctual disputes or claims) shall be governed by English law. We both irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
© Key Industrial Equipment 2018