Terms & Conditions

IMPORTANT NOTICE FOR POWER TOOLS

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

We operate a "no questions asked" guarantee. This means that if for any reason you are unhappy with your purchase, 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: the goods must be UNUSED and in their original UNOPENED packaging and returned in the outer packaging so that the goods reach us in prestine condition. Please allow 14 working days from receipt of the returned goods for a refund (less restocking fee) of the purchase price of the item/s.

GOODS RETURNED OUTSIDE OF CREDIT PERIOD

Non faulty items returned outside of the credit period "No Questions Asked" guarantee will be at our discretion.

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.

Manufacturer	Credit Period	Contact	Warranty
Black & Decker	1 Year	01753 500 934	2 Years
DeWalt	30 Days	01753 500 934	1 Year
Hitachi	7 Days	01908 354 700	1 Year
Ryobi	14 Days	01628 894 400	2 Years
Kew / Alto Service Centre	Immediately	01768 869 340	2 Years
Karcher Service Centre	Immediately	01295 752 068	1 Year
Makita	14 Days	01908 211 678	1 Year
Bosch	14 Days	08447 360 109	1 Year

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?

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.
Please ensure the Returns Number is quoted on all correspondence relating to this matter.
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.

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. INTERPRETATI0N

In these Conditions:
- “Buyer” means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
- “Goods” mean the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
- “Seller” means tooltray.com Ltd (registered in England under number 02510385) whose registered office is at Hillsborough Works, Langsett Road, Sheffield, S6 2LW.
- “Conditions” mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Buyer and a Director of the Seller.
- “Contract” means the contract for the purchase and sale of the Goods.
- “Writing” includes telex, cable, facsimile transmission and comparable means of communication.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. BASIS OF THE SALE:

No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and a Director of the Seller.
The Buyer acknowledges that it has not relied on, and waives any claim for breach of, any representations made by the Seller or its employees or agents.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer’s own risk.
Any typographical, clerical, or other error or omission in any sales literature, quotation, acceptance of order, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. ORDERS AND SPECIFICATIONS:

No order submitted by the Buyer shall be deemed to be accepted until confirmed in Writing by the Seller.
The quantity, quality and description of any specification for the Goods shall be those set out in the Seller’s quotation or the Seller’s written order confirmation whichever is the latter.
If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which result from the Seller’s use of the Buyer’s specification.
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4. PRICE OF THE GOODS:

The price of the Goods shall be the Seller’s quoted price.
The Seller 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 Seller adequate information or instructions.
The price is exclusive of value added tax or any other sales tax that is applicable which the Buyer shall be additionally liable to pay to the Seller.
Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

5. DELIVERY:

Carriage - deliveries will usually be dispatched within 72 hours.
All orders under £50 (Excl. VAT) will have a £5.95 small order handling charge automatically added to the order. Orders to the Highlands of Scotland, some northern regions of Scotland and the Islands of the UK where orders are below £200 (Excl. VAT) will have a £15 small order charge automatically added to the order. Orders to Northern Ireland where orders are below £50 (Excl. VAT) will have a £10 small order charge automatically added to the order.
Delivery will only be made within the United Kingdom .
Any dates quoted for delivery of the Goods are approximate only and the Seller 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 Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller 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.
In the event that the Seller 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.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Seller, the Seller may at the Seller’s discretion :-
1. Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage: or
2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the Contract price or charge the Buyer for any shortfall below the Contract price.
3. Charge the buyer for the carriage costs incurred for re-delivery if applicable.

6. DAMAGES, OUR ERROR, SHORTAGES OR NON DELIVERY:

Damage or Short Delivery - Damage and/or shortages must be noted on carriers delivery sheet immediately and notice in writing given to Seller within 3 days of receipt of goods.

Non Delivery - Claims for non delivery must be made in writing to the Seller within 3 days of date of dispatch shown on invoice.
Our Error or Damaged Goods:

All goods delivered damaged or our error must be authorised before return. No unauthorised returns will be accepted.

To arrange a return please contact tooltray.com on 0870 863 8602 (Fax.0870 863 8603) or e-mail returns@tooltray.com. Tooltray.com will cover the cost of the return if the goods are damaged on delivery or we have made an error with the goods delivered.

7. PAYMENT:

Full Payment must be made in advance before the receipt of any goods. We accept all major credit cards including MasterCard, Visa, American Express and debit cards such as Switch with payment taking place over a secure encrypted server. The total cost for goods ordered that is payable by the Buyer, including VAT, delivery charges and any other costs is displayed in full before the Buyer places their order. This is to ensure that the Buyer is clear about the total chargeable amount before making the decision to place the order. The amount will be debited from or credited to the card once we authorize the order. This does not affect the Buyer's right to return goods under the conditions stated above.

8. AGE REQUIREMENTS FOR CERTAIN PRODUCTS

Where the Buyer places an order for age-restricted goods such as solvents and knives, the Buyer confirms that they are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe that the Buyer is not legally entitled to order certain goods.

9. TERMINATION

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to the Buyer if the Buyer is in breach of an obligation hereunder or the Buyer become unable to pay your debts when they fall due or proceedings are commenced by or against the Buyer alleging bankruptcy or insolvency. Upon termination, your indebtedness to the seller becomes immediately due and payable and the seller shall be under no further obligation to supply goods to the Buyer.

10. WARRANTIES AND LIABILITY:

Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) order 1976) the statutory rights of the Buyer are not affected by these Conditions.
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (other than due to damage suffered during transit) or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within one week from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery but not later than 3 months after delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer due to any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract due to any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control, which shall include (without limitation) any:-
1. act of God, explosion, flood, tempest, fire or accident;
2. war or threat of war, sabotage, insurrection, civil disturbances or requisitions:
3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
4. import or export regulations or embargoes;
5. strikes, lock-out or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7. power failure or breakdown in machinery.

11. BUYER’S INDEMNITY:

The Buyer hereby indemnifies the Seller and undertakes to keep the Seller indemnified.

against all costs, charges, liabilities or expenses including legal costs, reasonably incurred by the Seller in exercising any of its rights contained in these Conditions.
in respect of any claim which may be made against the Seller under Section 6 of the Health and Safety at Work Act 1974 or any equivalent safety legislation outside the United Kingdom except where such claim arises as a result of the Seller’s proven negligence.

12. RISK/TITLE

The goods are at the Buyer’s risk from the time of delivery.
Ownership of the goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
1. the goods, and
2. all other sums which are or which become due to the Seller from the Buyer on any account.
The Seller shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Seller.

13. BUSINESS TO BUSINESS:

Products and services on the tooltray.com web site are promoted exclusively to business Buyers and by ordering on this web site the Buyer shall ensure that they satisfy this criteria. In addition:
Until Ownership of the goods has passed to the Buyer, the Buyer must:
1. store the goods (at no cost to the Seller) separately from all The other Buyers goods and goods of any third party in such a way that they remain readily identifiable as the Sellers´s property;
2. not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Seller’s behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request you shall produce the policy of insurance to the Seller; and
3. hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Seller and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

14. CLEARANCE LINES:

All products featured in the clearance section of the tooltray.com website are sold on a “first come, first served” basis and are sold as seen (some product packaging may be damaged). Returns of clearance lines will not be accepted unless the product is faulty or damaged. Should clearance lines not be available at the point of processing the order and subsequently the order value drops below the small order charge level, appropriate to the area of delivery, charges will be applied.

15. GENERAL:

The Seller is a member of the group of companies whose holding company is SIG Plc, and accordingly the Seller may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of its group, provided that any act or omission of any such member shall be deemed to be the act or omission of the Seller.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business..
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
The Contract shall be governed by the laws of England and the Seller and the Buyer hereby submit themselves to the jurisdiction of the Courts of England and Wales.

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