TRADE CLIENTS: TERMS & CONDITIONS
Unless otherwise specifically agreed in writing by Spartan Safety Ltd, all quotations and contracts for the supply of goods by Spartan Safety Limited are made upon these Terms and Conditions which shall all times override any terms and conditions with the Purchaser of such goods imposes or seeks to impose.
Terms & Conditions of Sale:
The following are Terms and Conditions for the sale of product(s) that will govern any contract of sale that we enter with you. Please read these Terms and Conditions carefully.
Spartan Safety Limited Terms and Conditions:
These Terms and Conditions inform you of the rights and obligations that you have. Please ensure that you read this information carefully. You may also have additional rights by law, and these Terms and Conditions do not affect any additional rights. This does not affect your statutory rights as a consumer.
Throughout this document, purchasers and or potential purchasers may also be referred to as “Buyers”, “Customers”, “Clients”, or “You”.
The words “The Recipient” will be used to refer to employees of the client, for whom the client has requested direct delivery to the employee’s place of residence.
- A) Spartan Safety Limited
A1) Spartan Safety Ltd will hereby also be referred to as “we” and or “us” and or “our”.
Spartan Safety Ltd is a company that is registered in England under the registration number: 2808228
Our VAT number is: 626030672
Our registered office details are as follows:
Waltham Park Way
A2) Our trading address is the address where we receive all correspondence, and is as follows:
Spartan Safety Ltd,
Waltham Park Way,
A3) For any enquiries, you can contact us by telephone or email. The contact details are as follows:
Tel: 020 8527 5888
If you have any complaints in relation to our standards of service, or in relation to the purchase of product(s) from us, please contact us via email, as this will allow you a greater opportunity to provide us with details regarding the nature of your communication.
A4) Spartan Safety Ltd operate during the hours of 8:00am to 4:30pm Monday to Thursday, and 8:00am to 4:00pm on Friday. We do not trade on weekends. Enquiries received after these hours will be processed the next working day. The cut off time for all orders is 1:00pm Monday to Friday. Orders received and or enquiries received after these hours will be processed the next working day.
- B) Account Terms
For Non-Account customers, payment can be made by bank transfer, cash, cheque (in case of payment by cheque, goods will be released/shipped subject to cleared funds) or credit or debit card. Payment must be made at the time of placing the order as goods will not be dispatched until payment has been received. If you have informed us that you wish to collect the goods in person, payment can be made at the time of collection. Goods will not be released until payment has been received in full.
A 30-day credit facility (from the date of invoice) is available on completion and approval of a credit account application form and subject to and satisfactory references. Please note that the completion and submission of a credit account application form does not automatically guarantee you a credit facility with Spartan Safety Ltd.
B1) All credit accounts are subject to periodic reviews without prior notice. In case of default, Spartan Safety Ltd may, without notice to the Purchaser (even if the Purchaser has a contract with a third party):
- a) Terminate any outstanding orders and or quotations
- b) Withhold and or suspend supplies and or
- c) Reduce the Purchaser’s credit limit
- d) Revoke the credit account facility
B2) There may be occasion when Spartan Safety Ltd may be unable to ship your entire order as a single consignment. This may be due to multiple factors which are outside the control of Spartan Safety. If such a situation does arise, Spartan Safety reserve the right to both part ship and part invoice your order. This means that you may receive multiple consignments and invoices in respect of a single order. In these instances, the purchaser must make payment for each invoice as per the agreed payment terms until the order is paid in full, unless otherwise expressed in writing.
- C) V.A.T.
Value Added Tax (VAT) is not included in the listed price of any goods. All prices are listed as “Ex VAT”. VAT may appear as a separate calculation in any written quotation which Spartan Safety Ltd issue. If you are ordering via the online trade platform, VAT may appear as a separate calculation at the “checkout” stage.
- D) Prices
Prices charged will be those ruling at date of despatch. All goods are subject to availability. Spartan Safety Ltd reserve the right to increase or decrease prices at any time and while we will endeavour to advise of any price changes beforehand, it may not always be possible to do so.
D1) Any quotations provided to the client by Spartan Safety Ltd are valid for a maximum period of 30 days, from the date which appears on the quotation.
- E) Carriage
E1) Free Next Working Day Delivery between 0800 and 1800 hours, applies to orders above the value of £250.00 (excluding VAT) delivered to one address in UK (Mainland Only). Orders under the value of £250.00 (excluding VAT) will incur a delivery cost of £10.00 (excluding VAT) delivered to one address in the UK (Mainland only). This includes all orders which are shipped directly to your employee’s place of residence as per your request.
E2) Spartan Safety Ltd do not provide weekend deliveries unless expressly requested by the customer in writing.
E3) We inspect all goods thoroughly before packaging and shipping.
E4) We will endeavour to acknowledge all questions and or queries within a maximum period of 48 hours, from Monday to Friday, 8:30am to 4:00pm.
E5) Where next day delivery is indicated, orders must be placed by 1:00pm at the latest, from Monday to Thursday in order to be delivered the
Any orders received after 1:00pm on a Friday may not be processed and or despatched and or delivered until the following Monday, unless the
Monday is a Bank Holiday in which case it will be the next working day. Orders placed on a Bank Holiday or over a prolonged public holiday
period will not be processed until the next working day. Orders received on weekends will not be processed until the next working day.
E6) For all orders, on receipt of delivery a signature will be required by the courier.
E7) If there is nobody available to accept the delivery, the courier will leave a card instructing you/the recipient how to arrange redelivery or how to collect the order in person from the courier’s depot. If you/the recipient have supplied a contact telephone number, the carrier may contact you/the recipient via SMS or a telephone call in order to either provide you/the recipient with an update with respect to the delivery and or if you/the recipient are not available, then to possibly reschedule the same. It is your/the recipient’s responsibility to contact the carrier to arrange for redelivery or collection. Spartan Safety Ltd shall not be liable for any loss of business, including loss of profits (whether direct or indirect), business data, revenue, goodwill, incidental or consequential loss that you may suffer as a result of customers not being available to accept, rearrange a delivery or to collect in person.
E8) We aim to deliver the order to you/ the recipient within the timeframes indicated, however we cannot provide an exact delivery date due
to factors which may be beyond our control. This includes but is not limited to; courier vehicle breakdowns, road traffic accidents, traffic
congestion and adverse weather conditions. Refunds based on failure to deliver on time will not be processed.
E9) We may ship products to you in more than one consignment and this in turn means that you may in turn receive multiple consignments and multiple invoices for one purchase order.
E10) We may arrange for products to be shipped to you direct from the manufacturer / supplier. Unless otherwise agreed this will not be at any additional cost to you.
E11) For non-account holding customers whom have paid for an order in advance, if we have not delivered your order within 10 working days
of the expected delivery date, and this has been confirmed by our couriers then you may be entitled to a full refund. In the case of non-delivery
for account holding customers, on receiving confirmation from our couriers, your account may be credited.
This excludes non-delivery of items based on;
- a) no person being available to sign for delivery
- b) you/the recipient did not re-arrange delivery of non-delivered goods with the designated courier.
- c) you/the recipient did not arrange to collect the goods in person from the courier’s depot.
- F) Damages or delivery shortages
1) It is the buyer’s responsibility to arrange and ensure that all deliveries are checked for the correct number of parcels on receipt of goods from Spartan Safety Ltd’ designated courier, before signing for the goods.
2) Spartan Safety Limited will not be responsible for any shortages resulting from the incorrect number of parcels being received.
3) Damage/shortages must be advised to both Spartan Safety Ltd and to the courier when signing for the goods.
4) Notice of any damages/shortages must be provided in writing to Spartan Safety Limited within 48 hours of receipt of delivery.
5) Damages/shortages which have not been reported and noted with the courier when signing for the goods will not be entertained.
6) Damages/shortages which are reported after 48 hours will not be entertained.
- G) Retention of Title
G1) All products are at the risk of the purchaser from the time they are delivered. Title to the goods shall remain with Spartan Safety Ltd and only passes to the buyer when full payment for the goods has been received together with full payment of all other amounts owed by the buyer to Spartan Safety Ltd in respect of any other contracts for the sale of goods.
G2) Such payment shall become due immediately upon the commencement of any act or proceeding in which the buyer’s solvency is involved.
G3) If payment is overdue in whole or in part Spartan Safety Ltd may (without prejudice to any of its other rights) recover or resell the goods or may enter upon the buyer’s premises by its servants or agents for that purpose. Until Spartan Safety Ltd is paid all monies outstanding in full, the relationship of the buyer to Spartan Safety Limited shall be fiduciary in respect of the goods or other goods in which they are incorporated or used and if the same are sold by the buyer Spartan Safety Limited shall have the right to trace the proceeds thereof.
- H) Returns Policy
H1) Personalised goods, included but not limited to printed, processed, embroidered, decorated or altered garments, bags, caps, safety helmets and armbands will not be accepted back unless there is a proven manufacturing defect.
H2) PPE including but not limited to products such as Full-Face Masks, Half Masks, Filters, Disposable Face Masks and Hearing Protecting products cannot be returned if the internal / sealed packs have been opened, due to the risk of contamination.
H3) Track Safety Equipment including but not limited to products such as fog signals, signal flags, horns, whistle etc., are non-returnable, non-refundable and non-exchangeable.
H4) Spartan Safety Ltd do not trade on a ‘sale or return basis’.
H5) No goods may be returned without the prior written consent of Spartan Safety Ltd. Where Spartan Safety Ltd consents to such return, the goods must be received from the customer in good condition.
H6) Shipping and handling fees are not refundable.
H7) For goods for which a refund is requested, all goods (unless otherwise agreed in writing by Spartan Safety Ltd), must be returned unused in their original packaging. The buyer will be responsible for the carriage costs for the return of the goods.
- I) Specification
I1) It is both the purchasers and the user’s responsibility to ensure that the PPE, clothing and accessories which they purchase from Spartan Safety Ltd (CAT I, CAT II and CAT III) is suitable and adequate for use in the intended hazardous environment. If in doubt before purchasing we strongly advise that you consult with your HSQE Manager and or representative, in order to ensure that the products which you are selecting are suitable for task for which you are purchasing them for.
Spartan Safety Ltd supply respiratory PPE from multiple manufactures. It is the responsibility of the purchaser to ensure that any respiratory PPE which is purchased from Spartan Safety Ltd, is the same brand for which its employees have been Face Fit Tested.
With respect to FR/ARC protection clothing, it is again both the responsibility of both the purchaser and the user to ensure that the correct level of protection is selected for use in each specific environment. Spartan Safety Ltd strongly advise that when any FR/ARC protection clothing is purchased, that a suitable FR/ARC base layers are also purchased for each respective outer garment.
I2) It is important to note that the EN Standards for many products, included but limited to PPE and Hi Visibility clothing, have changed since the introduction of Harmonised Standards. While Spartan Safety Ltd will endeavour to advise customers of changes in standards, it the responsibility of the client to ensure that they purchase products which meet the standards which are required for each specific function/purpose.
I3) The customer’s attention is specifically drawn to the manufacturers’ brochures and safety literature in respect of the correct use and application of products, which Spartan Safety Limited may supply. The customer shall be wholly responsible for checking that such products are entirely appropriate for the use and application of the same.
I4) The specification and description of the goods provided on our website and or literature, have been supplied by manufacturers and are correct to the best of the Spartan Safety Ltd’ knowledge at the time of being presented and or printed. This includes details of the certification of the product, the relevant EN ISO information, CE mark and the Declaration of Conformity (DoC). In instances where a DoC is not enclosed, the manufacture will provide a website link where the DoC can be viewed / downloaded.
I5) Where the in view of the rights claimed by manufacturers to change specification without notice and whilst all reasonable care is taken to ensure that due notification of such change is provided, customers are advised to check the exact specification of all goods PRIOR TO ORDER, where variations may be material to performance.
- J) Spartan Safety Ltd Disclaimer
Any products shown in our printed and or online publications do not represent an endorsement by Spartan Safety Ltd of any products.
- K) Limitation and Liability – Force Majeure
K1) We will use all reasonable endeavours to carry out our obligations within a reasonable period but will not be liable to you for any loss and or costs and or expenses arising directly and or indirectly from any delays in doing so and we will not be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, and or any failure to perform, any of our obligations in relation to these Terms and Conditions, if the delay and or failure was due to any cause beyond our reasonable control.
Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control which are listed
below including but not restricted to the following:
- Act of God, explosion, flood, tempest, fire or accident;
- War and or threat of war, sabotage, civil disturbance and or requisition;
- Acts, restrictions, regulations, byelaws, prohibitions and or measures of any kind on the part of any governmental, parliamentary and or local authority;
- Import and or export regulations and or embargoes;
- Strikes, protests, lock outs and or other industrial actions and or trade disputes;
- Difficulties in obtaining raw materials, labour, fuel, parts and or machinery;
- Power failure and or breakdown in machinery.
K2) Any other liability shall be limited to the price paid for the goods.
K3) We do not exclude our liability for fraud and or for personal injury and or for death, and we will not be liable to you for any loss of profit
and or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of, and or in connection with the
supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and/or the Supply of
Goods and Services Act 1973.
K4) Spartan Safety Ltd do not accept any liability to damage of property and or for any personal injury based on the misuse of any products purchased from Spartan Safety Ltd.
K5) Spartan Safety Ltd does not dispense any Health and Safety advice.
We strongly advise that if you are unsure of what type of product(s) are needed for any specific task and or working environments, that you speak to your company Health and Safety Officer and or Representative or obtain the advice of a registered and or qualified Health and Safety professional.