Terms & Conditions

1. Interpretation

1.1 Definitions

Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Business Hours: the period from 9am to 5pm on any Business Day.

Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.4.

Contract: the contract between SafetyPoint and the Customer for the sale and purchase of the Products in accordance with these Conditions.

Customer: the person or firm who purchases the Products from SafetyPoint.

Delivery Location: has the meaning given in clause 4.2.

Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control.

Losses: all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs on a full indemnity basis, and professional costs and expenses).

Order: the Customer’s order for the Products.

Products: the goods (or any part of them) set out in the Order.

SafetyPoint: SafetyPoint (Midlands) Limited (Company Number: 10009784) of Lifford Hall, Lifford Lane, Kings Norton, Birmingham, West Midlands, B30 3JN.

Specification: any specification for the Products, including plans and drawings, agreed in writing by the Customer and SafetyPoint.

Warranty Period: has the meaning given in clause 5.1.

1.2 Interpretation

• A person includes a natural person or corporate or unincorporated body.
• A reference to a party includes its successors and permitted assigns.
• A reference to legislation is a reference to it as amended or re-enacted, including subordinate legislation.
• Any words following including, include, in particular or for example are illustrative only.

2. Basis of Contract

2.1 These Conditions apply to the Contract to the exclusion of any other terms the Customer seeks to impose or incorporate.

2.2 The Order constitutes an offer by the Customer to purchase the Products in accordance with these Conditions.

2.3 The Order is accepted when SafetyPoint issues written acceptance or provides the Products.

2.4 The Customer waives any right to rely on terms contained in its documents that are inconsistent with these Conditions.

2.5 Any descriptive matter, samples or advertising are for illustrative purposes only and do not form part of the Contract.

3. Products

3.1 The Products are described in the Specification.

3.2 SafetyPoint may amend the Specification or Products to comply with law or regulation.

4. Delivery

4.1 SafetyPoint shall deliver the Products to the Delivery Location stated in the Order.

4.2 Delivery is completed upon unloading at the Delivery Location.

4.3 Delivery dates are approximate. Time is not of the essence.

4.4 If the Customer fails to accept delivery within 3 Business Days:

• Delivery shall be deemed completed at 9am on the third Business Day after notification.
• SafetyPoint may store the Products and charge all related costs.

4.5 If the Customer has not taken delivery within 7 Business Days, SafetyPoint may resell or dispose of the Products.

5. Quality

5.1 Warranty

SafetyPoint warrants that on delivery and during the 12 month Warranty Period the Products shall:

• conform with the Specification;
• be free from material defects;
• be of satisfactory quality under the Sale of Goods Act 1979; and
• be fit for purpose as held out by SafetyPoint.

5.2 Remedies

If the Customer notifies SafetyPoint of defects within a reasonable time during the Warranty Period, allows inspection, and returns the Products if requested, SafetyPoint may repair, replace or refund the defective Products.

5.3 Warranty Exclusions

• Further use after reporting a defect.
• Failure to follow SafetyPoint instructions or good practice.
• Customer supplied designs or specifications.
• Unauthorised alterations or repairs.
• Fair wear and tear, wilful damage, negligence or abnormal conditions.
• Changes required for compliance with law or regulation.

5.4 Except as stated, SafetyPoint has no liability for failure to comply with the warranty.

5.5 Implied terms under sections 13 to 15 of the Sale of Goods Act 1979 are excluded.

5.6 These Conditions apply to repaired or replacement Products.

6. Title and Risk

6.1 Risk passes to the Customer on delivery.

6.2 Title does not pass until all sums owed to SafetyPoint are paid in full.

6.3 Customer Obligations

• Store Products separately as identifiable SafetyPoint property.
• Not remove or obscure identifying marks.
• Keep Products in satisfactory condition and insured.
• Notify SafetyPoint of relevant insolvency events.
• Provide information reasonably requested by SafetyPoint.

6.4 Resale

The Customer may resell Products in the ordinary course of business before title passes, acting as principal.

6.5 SafetyPoint Rights

• Terminate the Customer’s right to resell the Products.
• Require delivery up of Products not yet resold and recover them from premises where stored.

7. Price and Payment

7.1 The price shall be the price in the Order or the published price list.

7.2 SafetyPoint may increase the price to reflect external cost changes.

7.3 The price excludes VAT and packaging, insurance and transport costs.

7.4 SafetyPoint may invoice on or after delivery.

7.5 The Customer shall pay invoices within 30 days unless otherwise agreed.

7.6 Overdue sums accrue interest at 4 percent above the Bank of England base rate.

7.7 All amounts must be paid without set off or deduction.

8. Limitation of Liability

8.1 Limits reflect SafetyPoint’s insurance cover.

8.2 Liability includes contractual and non-contractual liability.

8.3 Nothing limits liability for death, personal injury, fraud or payment obligations.

8.4 Liability is capped at the value of the Products giving rise to the claim.

8.5 The following losses are excluded:

• loss of profits or savings;
• loss of business or sales;
• loss of agreements or contracts;
• loss or corruption of data;
• loss of goodwill;
• indirect or consequential loss.

8.6 Clause 8 survives termination.

9. Termination

9.1 SafetyPoint may terminate the Contract immediately for material breach, insolvency events or business cessation.

9.2 SafetyPoint may suspend supply if the Customer is at risk of insolvency or fails to pay.

9.3 SafetyPoint may terminate immediately for non-payment.

9.4 On termination the Customer must immediately pay all outstanding sums.

9.5 Termination does not affect accrued rights.

9.6 Provisions intended to survive termination remain in force.

10. Force Majeure

Neither party is liable for failure or delay caused by a Force Majeure Event. If it continues for an extended period, the unaffected party may terminate on 60 days notice.

11. General

11.1 Assignment

SafetyPoint may assign or subcontract its rights. The Customer may not.

11.2 Entire Agreement

The Contract is the entire agreement between the parties.

No party may claim reliance on statements not included in the Contract.

11.3 Variation

No variation is valid unless in writing and signed.

11.4 Waiver

A waiver is only effective in writing. Failure to exercise rights is not a waiver.

11.5 Severance

Invalid provisions are deemed deleted but the remainder continues in force.

11.6 Notices

Notices must be delivered by hand, post or email. Receipt is determined by delivery method.

11.7 Third Party Rights

No third party has enforcement rights under the Contract.

11.8 Governing Law

The Contract is governed by the law of England and Wales.

11.9 Jurisdiction

The courts of England and Wales have exclusive jurisdiction.

Contact Us

For any queries about this policy, please contact us:

• Email: policies@safetypointuk.com
• Phone: 0121 274 8734 (Office) or 03302 234207 (24/7 Messaging)
• Address: The Courtyard, 707 Warwick Road, Solihull, B91 3DA
• VAT No. 309006631
• Company No. 10009784