Terms & Conditions

IMPORTANT NOTICE FOR POWER TOOLS

Before opening the product packaging it is important that you read the following information.

RETURNS POLICY FOR FAULTY PRODUCTS

Power tools are covered by the manufacturers warranty and these manufacturers should be contacted in the first instance. A list of main manufacturers and contact details can be found below. Further details of local agencies can be found on our website, this will direct you to the appropriate service centre.

If outside the credit period, please contact the service centre.

PLEASE ENSURE YOU HAVE THE FOLLOWING INFORMATION PRIOR TO CONTACTING THE MANUFACTURER / US

• What make & model?
• How old, date purchased?
• What is the fault?
• Do you have your invoice / Sales order number?

1. The goods must be authorised prior to dispatch by ourselves with a valid Returns number. No unauthorised returns will be accepted. To arrange a return please use the contact details provided on your dispatch note.
2. Please ensure the Returns Number is quoted on all correspondence relating to this matter.
3. Goods should be returned in both their original outer packaging, and the original unopened manufacturers packaging with adequate protection to ensure that the goods and packaging reach us in prestine condition. We cannot accept goods that have damaged packaging (including labels or writing) as they are deemed to be unsaleable.
4. Under the above circumstances, simply return it to us unopened and undamaged within the specified manufacturer’s credit period from date of receipt for a refund less restocking fee of £25 or 25%, whichever is greater.

Please note: You will be given a returns address once your return has been authorised on our system. You will be required to cover the cost of the return and we recommend that you use a courier with a recorded delivery service. This is for your protection, as we cannot be held responsible for goods not received.

1. Definitions in these conditions:-
   1. The “Buyer” shall mean the corporate entity, firm or person seeking to purchase goods from the company;
   2. The “Company” shall mean Firth Powerfix (registered in England under number 1451007) whose registered office is at Hillsborough Works, Langsett Road, Sheffield, S6 2LW. Vat Registered Number: GB 183 4433 61.
   3. The “Contract” shall mean any contract for Goods or Services made between the Company and the Buyer;
   4. The “Goods” shall mean the products articles or things to be sold by the Company;
   5. The “Services” shall mean any services provided by the Company to the Buyer (whether or not the Buyer shall purchase Goods);
   6. The headings to the clauses shall not affect the construction of these conditions;
2. The Contract
   1. No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until authorised in writing by a manager of the Company.
   2. Quotations and estimates, whether written or oral, submitted by the Company shall be deemed to be a invitation to treat and not an offer.
   3. For the purposes of the Contracts (Rights of Third Parties) Act 1999, these conditions do not create any right or remedy enforceable by any person other than the Buyer and the Company. This condition does not affect any right or remedy of a third party that exists or is available apart from that Act.
   4. Any Original Equipment Manufacturer (OEM) part numbers provide by the Company are given as a reference only, and no inference or implication beyond that of a useful reference tool should be taken nor is intended.
3. Delivery and Collection of goods
   1. We endeavour to deliver the majority of our products within 1-2 working days providing we have the stock available. Our cut off point for processing an order is 3pm GMT Monday to Friday (excluding bank holidays). Any orders received after this time will be processed the following working day. For some deliveries to areas in the Scottish Highlands, Islands and for heavy or large items over 35kg, delivery times will be slightly longer. For heavy/bulky items, we may have to use an alternative specialised courier such as a freight pallet service. Delivery time in these situations is typically 2-3 working days. We always aim to keep in stock, the majority of products displayed on our site, but this cannot always be possible. Should an item be out of stock at the time of processing, it will be ordered in from the manufacturer. We will keep you informed by email of any estimated due dates should this be the case. We would strongly advise that if you are in need of an item urgently, please contact us in advance of purchase, in order to check on our stock levels to avoid any disappointment.
   2. Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
   3. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
   4. In the event that the Company is found to have a liability under these Terms and Conditions, or under Statutory law, this liability shall be limited to the excess (if any) of the costs to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
   5. If the Company is unable to effect delivery on arrival at the Buyer’s premises for any reason whatsoever, an additional charge for any return or subsequent visit may be made unless it is apparent to be the fault of the carrier.
4. Loss or Damage In Transit
   1. The Buyer is under a duty wherever possible to examine the Goods on delivery or on collection (in some specially arranged circumstances).
   2. Where it is not possible to examine the Goods at the time of delivery, the carrier’s note or such other note (as the case may be) should be marked by the Buyer at the time of delivery as “unchecked”.
   3. Any defects or shortages on an order must be notified to the Company within seven working days upon receipt of the goods from the carrier or from collection should it be the case.
   4. The Company shall make good any defects or shortages in accordance with the terms and conditions but otherwise shall be under no liability whatsoever, whensoever or howsoever arising, whether by the way of negligence or otherwise, for such defects or shortages (save for death or personal injury caused by the Company’s negligence).
5. Cancellation By The Buyer
   1. The Buyer is entitled to cancel an order within seven working days of receipt of the goods by the carrier or upon collection, should this be the case.
   2. The request to cancel must be made in writing by email to info@tooltray.com or by post to ‘tooltray.com, 71 Gelderd Road, Leeds, West Yorkshire, LS12 6HF’.
   3. It is the responsibility of the Buyer to ensure the safe return of Goods, once authorisation for the return has been granted by the Company. The Company will not accept unauthorised returns. Where the reason for return/cancellation is deemed to be because of an error by the Company, the Company shall be liable to ensure the collection of the Goods from the Buyer.
   4. The Buyer has a responsibility to take reasonable care of the Goods whilst in the Buyer’s possession. The Company reserves the right to decline a cancellation should, upon inspection, it is deemed that reasonable care of the Goods has not been taken whilst in the Buyer’s possession.
   5. Where Goods are to be returned to the Company by the Buyer, they should be returned to ‘tooltray.com, 71 Gelderd Road, Leeds, LS12 6HF’. Goods must be returned to the Company within 30 days of notification of cancellation.
   6. The Company can arrange for Goods to be collected from the Buyer at a charge of £6.00 inc VAT per collection. Please contact us at info@tooltray.com to enquire about this service. In such an instance, we ask that you allow us to select the carrier to arrange the collection.
6. Pricing
   1. The Company reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate information or instructions.
   2. Your order will be accepted upon payment in full. Our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion. E & O E
   3. All prices on the website are broken down to be exclusive and display inclusive price of VAT, except in some cases where VAT is exempt (for the sale of some work wear boots for example), this will be indicated at the payment stage.
7. Date for Payment
   1. The Buyer shall not be entitled to withhold payment of any amount payable to the Company by reason of any dispute or claim by the Buyer (whether or not the Goods or Services are to be provided by instalments and in such case each instalment is deemed to constitute a separate and distinct Contract).
   2. In the case of any short delivery or delivery of damaged Goods to the Buyer, the Buyer shall remain liable to pay the full invoiced price of all other Goods delivered.
8. Limitation Of Liability
   1. Any liability of the Company under the Contract shall be subject to and conditional upon the due performance and observation by the Buyer of all its obligations under these conditions, and subject to these conditions, the Buyer shall not be entitled to withhold or delay payment or exercise any right to set off whatsoever and howsoever arising or arisen which might otherwise be available to it.
9. Termination and Suspension
   Without prejudice to any right and remedies available to it, whether under the Contract or otherwise, the Company shall be entitled in its absolute discretion and upon giving to the Buyer written notice of its intention to do so, either to terminate wholly or in part the Contract and/or any other contract with the Buyer or to withhold, vary or suspend performance of all any of its obligations under the Contract or any other Contract in any one or more of the following events:-
   1. If any sum owing to the Company from the Buyer on any account whatsoever shall be unpaid after the due date for payment;
   2. If the Buyer shall refuse to take delivery or collect any of the Goods in accordance with the terms of the Contract;
   3. If an Insolvency Event occurs;
   4. If the Buyer shall commit any breach of any Contract with the Company;
   5. If the Company in good faith shall have doubts as to the solvency of the Buyer;
   6. Where it is necessary to make alternative arrangements to deal with supply shortages. In such circumstances, the Buyer’s obligation to purchase Goods hereunder shall remain binding to the extent that the Company meets the Buyer’s order;
10. Warranty and Liability
    The liability of the Company is subject to compliance by the Buyer with all terms contained in this clause 13.
    1. The Company shall make good by reimbursement of the whole or part of the price (and, where relevant, as a deduction from any part of the price remaining unpaid) or at its option by repair or by replacement any defect developing under normal use in the Goods and due solely to faulty design (except where the design is supplied by or on behalf of the Buyer), faulty materials or faulty workmanship provided that:-
       1. the Buyer shall be responsible for ensuring that Goods are fit for the purpose for which it wishes to use them and the company gives no warranty (and none shall be implied) that the goods are fit for any particular purpose; and
       2. the defect in question shall have appeared within 12 months (or such longer time period (if any) as it may provided for in any guarantee given by or on behalf of the manufacturer of the Goods) after the Buyer shall have taken possession of the Goods or performance of Services has been completed and shall have been thereupon promptly notified the Company; and
       3. any Goods alleged to be defective shall be stored in a safe place by the Buyer until such time as the Company authorises their disposal; and
       4. any Goods alleged to be defective shall, if so required by the Company, be promptly returned at the Buyer’s risk and expense to the Company’s works for inspection, and the company shall in its reasonable opinion consider them to be defective solely by reason of faulty design materials or workmanship; and
       5. no attempt shall be made by the Buyer and any third party to remedy any defect before, if so required by the Company, the Goods in question shall have been returned to the Company for inspection; and
       6. the Goods in question shall have been serviced and maintained properly and in accordance with the Company’s recommendations and shall not have been fitted with any parts, components or accessories other than those manufactured or recommended by the Company.
    2. Apart from reimbursement repair or replacement by the Company, its employees and agents shall be under no liability to the Buyer or to any third party for any injury, loss or damage of any kind whatsoever, however and wheresoever arising or arisen, and whether direct or indirect, including without limitation any injury, loss or damage arising out of or incidental to:-
       1. any negligence of the Company or any of its employees or agents (except insofar as such negligence may result in death or personal injury); or
       2. the Company’s performance of or failure to perform or breach of any of its obligations, whether express or implied under The Contract or otherwise; or
       3. the supply, installation, repair or maintenance of any of the goods; or
       4. any defect in any of the Goods; or
       5. any advice given or representation made by the Company or on its behalf; or
       6. any performance of any Services
    3. Save as set out in clause 10.1 the liability of the company arising from all and any claims relating to any single Contract shall be Limited to a maximum sum of £200 in total or such amount (less the costs of recovery incurred by the Company) as the Company receives from the manufacturer of the Goods giving to the rise to the claim from the Buyer.
    4. The Company shall not be liable for any claim relating to any breach of warranty, express or implied, brought after the expiry of the period of twelve months from the date on which the Contract was made(or in case of Goods, after the expiry of such longer period (if any) as may be provided for by or on behalf of the manufacturer of these Goods).
    5. The Company shall in no circumstances be liable to the Buyer for any economic loss, loss of profit, loss of business or like loss.
    6. The terms of this condition, warranties, representatives, statements, liabilities and other terms whatsoever Implied by common law, statute or otherwise, all of which shall accordingly be excluded to the extent allowed by law, and the Company shall in relation to the Goods and Services have no obligation to the Buyer, either arising by statute or in tort or in Contract and whether arising out of negligence of the Company or any of its employees or agents (and whether under the Contract or under any other Contract), other than the express obligations in these conditions or in any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to ensure against liability arising from the performance of the Services and from its use of the Goods.
    7. The Company shall use its reasonable endeavours to transfer to the Buyer the benefit of any guarantee in respect of the Goods available from the manufacturer provided that the Company may in its discretion, elect to do so only at the cost of the Buyer.
    8. Notwithstanding anything to the contrary herein contained the Company’s liability for:-
       1. death or personal injury resulting from the negligence of the Company, its employees or agents;
       2. damage suffered by the Buyer as a result of a breach by the Company of the condition as to the title or the warranty as to Quiet possession implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; and
       3. damage for which the Company is liable to the Buyer under Part 1 of the Consumer Protection Act 1987; shall not be limited save that nothing in this clause 13 shall confer a right or remedy upon the Buyer to which Buyer would not otherwise be entitled.
    9. The provisions of this clause 13 shall survive any termination of the Contract.
    10. The exclusions from and limitations of liability set out in this clause 13 shall be considered severably. The validity or un-enforceability of any one clause, sub-clause, paragraph or sub-paragraph of this clause 13 shall not affect the validity or enforceability of any other part of this clause 13
11. Indemnity
    1. If any process is to be applied to the Goods or the Services by the Company in accordance with a specification or direction (as the case may be) submitted by the Buyer, the Buyer shall indemnify and hold harmless the Company from and against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement or alleged infringement of any intellectual property rights of any other person which results from the Company’s use of the Buyer’s specification or from the Company complying with the Buyer’s direction as the case may be.
    2. Where the Buyer uses the Goods or Services;-
       1. in the manufacture, supply or distribution of any goods;
       2. in the provision of a service; then the buyer shall indemnify and hold harmless the Company from and against all loss, damages, costs and expenses awarded against or incurred by the Company in respect of such use by the Buyer arising out of the manufacture, supply or distribution of those other goods or the provision of that service.
    3. The Buyer shall indemnify and hold harmless the Company from and against all loss, damages, costs and expenses awarded against or incurred by the Company in respect of:-
       1. any liability which the Company may incur as a result of a claim against the Company by a third part under Part 1 of The Consumer Protection Act 1987;
       2. any warranty howsoever given by the Buyer to a third party;
       3. any loss caused by the Goods during transit.
12. Force Majeure
    1. The Company shall have no liability whatsoever for any failure to perform, or for any delay in the performance of any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its direct control.
13. Confidentiality
    1. All confidential information, including credit card details, are held securely and only transmitted in encrypted form. Customer details are not passed to third parties and are used only in accordance with the Data Protection Act.
14. Jurisdiction
    1. The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.
15. Consumer Rights
    1. None of the above Terms and Conditions affects your statutory consumer rights.