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SAFETY SUPPLIES LIMITED WEBSITE TERMS AND CONDITIONS
LAST UPDATED ON 1st February 2022
1 APPLICATION AND PRELIMINARY
1.1 These Terms are to be read in conjunction with the service information and conditions detailed on the relevant pages on the Website.
1.2 In the case of the Service being availed via an individual service contract through the acceptance of a Quotation, the terms specific to the Service are detailed in Schedule 1 (collectively the “Quotation Contracts”).
1.3 The terms of these products and services and Quotation Contracts are together, defined as ‘the Contract’ between Safety Supplies Limited (“Safety Supplies”) and you the Customer (‘you’ or ‘the Customer’).
1.4 General service terms shall apply to all Customers. Quotation Contracts may also be required in case of certain products and services not explicitly described in Schedule 1.
1.5 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.
1.6 By accepting these terms of use you also agreed to be bound by other Safety Supplies policies including but not limited to our privacy policy and cookie policy.
1.7 All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with the Customer accessing the Website or the Services, shall be wholly to your account and shall not be borne in any way, shape or form by Safety Supplies.
1.8 Where the Customer accesses Service that is provided against payment of a fee, the Customer agrees that the Customer will be responsible for all such payments as well as any associated taxes. Where the Customer chooses to pay such fee through a credit card, bank transfer or other similar methodology, the Customer warrants that they are authorised to use such payment services and that the Customer will indemnify and hold harmless Safety Supplies against any unauthorised use of such services.
2 INTERPRETATION & DEFINITIONS
In these Terms and Conditions, unless otherwise stated, all terms with capitalised letters have the meanings given to them in the Quotation.
‘Services’ means the products sold and the services to be provided by Safety Supplies as set out on the Website
‘Website’ means safetysuppliesltd.co.uk
‘Customer ‘ means the person or body identified as such in the Quotation or making a Purchase(s) via the Website
‘Quotation’ means an individual service contract that is provided in case of certain specified services
‘Acceptance’ means the Customer’s acceptance of the Quotation
‘Laws’ means the applicable law in force in England and Wales.
The singular shall include the plural and one gender shall include all genders.
References to any statute or statutory provision shall be to that statute or statutory provision as amended or restated from time to time.
3 SERVICES
3.1 This Contract serves as a master agreement and applies to the Customer’s purchases of products/services via Safety Supplies in accordance with the quotation given by Safety Supplies (“Quotation”) to the Customer (“Quoted Services”) (collectively “Purchases”). Safety Supplies will provide all Services to the Customer via the Website, unless agreed to otherwise.
3.2 The Services shall comply in all material respects with the services/specification set out in or referred to on the Website or communicated by way of the Quotation, as applicable. The Quotation shall be deemed to be a part of this Contract and is hereby incorporated via reference, where applicable. In case of a conflict between the terms described on the Website and this Contract, the terms of the latter shall prevail.
3.3 Certain Purchases may require the execution of additional documentation – such as order forms or other materials, which contain terms relating to this Contract - where such documentation is required, Safety Supplies shall notify the Customer of this and each of which shall be executed by the Parties.
3.4 In cases of Quoted Services, the Customer shall be provided with a period of 7 (seven) days within which to accept the offer recorded in the Quotation (“Acceptance Period”). Upon expiry of the Acceptance Period the offer shall be deemed to have been rejected by the Customer. After the expiry of the Acceptance Period, the Customer shall be required to obtain fresh quotations from Safety Supplies.
3.5 Any additional Purchases not otherwise described herein or in the Quotation and provided by Safety Supplies in connection with this Contract shall be provided pursuant to written, fully executed and mutually agreeable terms, covering without limitation – pricing, payment terms, schedule and responsibilities for such work. Any and all additional services or products may carry additional charges, documentation and agreement between the Parties.
4 FEES & EXPENSES
4.1 The Customer shall pay Safety Supplies, the relevant purchase prices as described on the Website or by way of the quotation (“Fee”). The Fee shall be payable as required by Safety Supplies - and shall be payable to Safety Supplies in accordance with the Quotation.
4.2 Where the Customer is liable, by applicable law, to deduct tax at source or withhold tax prior to making payments to Safety Supplies, the Customer shall provide Safety Supplies with necessary documentation evidencing the deposit of such withheld amounts with the relevant government agency.
4.3 If Customer is entitled to an exemption from any applicable taxes, Customer is responsible for presenting Safety Supplies with a valid exemption certificate (in such form mandated by Law).
5 SAFETY SUPPLIES WARRANTIES
5.1 SAFETY SUPPLIES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY – TO THE EXTENT PERMITTED UNDER APPLICABLE LAW WHICH ARE NOT PROVIDED AS A PART OF THE QUOTATION.
6. DATA PROTECTION
Each Party shall comply with the Data Protection Act, 2018 and all related UK legislation (the "Act"), to the extent that the Act applies to such party in respect of all personal data (as defined under the Act).
7. MARKETING AND PRIVACY
7.1 The Customer agrees that Safety Supplies may send to the Customer, by post, email, telephone, or SMS, marketing and promotional material relating to Safety Supplies’ services from time to time.
7.2 The Customer may request that Safety Supplies’ marketing and promotional materials are discontinued by emailing info@safetysupplies.co.uk. Following receipt of such email, Safety Supplies will remove the Customer’s details for marketing purposes within 30 (thirty) days.
7.3 Customer privacy and data is dealt with by us in a manner consistent with all applicable domestic laws in England and Wales. Customer information collected by us may be sold to third-parties as a part of a merger, amalgamation or such similar proceedings that Safety Supplies may be involved in the future. Please read our privacy policy [Link to policy] and if you still have objections to the use of data in this manner then please refrain from using the Website.
8. CONFIDENTIALITY
8.1 “Confidential Information” means any non-public information shared during the provision of Services, whether designated confidential or not, by either Party. Confidential Information is the sole property of the disclosing Party, and in certain cases, as mandated by law, the respective owners and shall not be disclosed by the receiving party to any third-parties without the prior approval of the disclosing party.
8.2 Neither Party will, during and after the term of this Contract, disclose the Confidential Information to any third party or use the Confidential Information for any purpose other than the provision and receipt of the Services. Both Parties will take all reasonable precautions to prevent any unauthorized disclosure of the Confidential Information.
8.3 Any disclosure of Confidential Information under orders of a court of competent jurisdiction or of information already in the public domain shall not constitute an unauthorized disclosure under this Contract.
9 LIMITATION OF LIABILITY
9.1 Nothing in this Contract shall limit or exclude the liability of either party for death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors (as applicable); this does not apply to fraud or fraudulent misrepresentation and wilful deceit or any matter for which it would be unlawful to exclude or limit liability.
9.2 Subject to clause 9.1:
i. Safety Supplies shall not be liable to the other under any circumstances whatever, whether in contract, tort (including negligence) equity (including restitution) breach of statutory duty or otherwise, for:
a. Any loss of profit, loss of revenue, loss of use, loss of goodwill, loss of data, loss due to interruption of business, loss of anticipated savings, whether direct or indirect and even if the party has been advised of the possibility of such loss or damages; or
- Any loss that is an indirect consequence of any act or omission of the other party.
ii. Any ex gratia payment or sum paid in settlement of a claim paid by the second party without the prior written approval of Safety Supplies.
9.3 Safety Supplies does not make any warranty regarding the truthfulness or veracity of the material on the Website. Safety Supplies expressly disclaims that the views expressed by users on the Website are their own and Safety Supplies does not endorse the same merely because they are posted on the Website.
9.4 Safety Supplies is further not responsible for:
i. any incorrect or inaccurate content posted on the Website.
ii. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Website.
iii. any problems or technical malfunction of any hardware and software due to technical problems on the internet or at the Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials from the Website.
iv. any loss or damage, including personal injury or death, resulting from use of the Website or from any content posted on the Website.
9.5 The Website and Service are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Website and Service will meet the Customer’s requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Website will be accurate or reliable.
9.6 Under no circumstances shall Safety Supplies be liable for any indirect, incidental, ancillary, consequential or such similar damages whatsoever – including loss of profits, business interruption, loss of business information etc. – and Safety Supplies shall not, under any circumstances, whether caused by negligence or not, be liable for such losses, expenses, damages etc., to an amount in excess of the Fee received under this Contract.
10 PREVENTION
If Safety Supplies is prevented from fulfilling its obligations under the Contract by circumstances outside its reasonable control (including without prejudice to the generality of the foregoing, labour disputes) Assured Technical shall be entitled if practicable to provide substitute alternatives but is otherwise relieved of its obligations to provide the Services.
11 TITLE TO GOODS
Title in any goods supplied by Safety Supplies to the Customer shall remain with Safety Supplies until such time as Safety Supplies has received payment in full of all Fees from the Customer.
12 DISPUTE RESOLUTION
In the event of any dispute arising under or in relation to this Contract the parties hereby agree to refer the matter to an independent mediator who is a member of the Chartered Institute of Arbitrators. Failing which the dispute shall be resolved by way of arbitration under via the LCIA arbitration rules. The place of arbitration shall be Liverpool and proceedings shall be conducted in English.
13 TERMINATION
13.1 Safety Supplies may terminate this Contract with immediate effect by giving written notice if the Customer is in material breach of any of its obligations under the Contract and has failed to remedy that breach (if capable of remedy) 7days after being required by Safety Supplies to do so.
13.2 Subject to the Customer’s obligations to pay the Fees, either party may terminate this Contract upon giving the other 14 (fourteen) days notice in writing.
13.3 Either Party may also terminate this Contract for prolonged Force Majeure, where such Force Majeure directly affects the performance of this Contract. Such Force Majeure should have subsisted for a cumulative period of 30 (thirty) days or a consecutive period of 14 (fourteen) days. The Party seeking this remedy shall notify the other of the beginning of the Force Majeure event and if such event has not resolved by the end of the period specified in the notice, the Contract shall terminate automatically at the end of such period.
13.4 All obligations relating to payments and other matters that were outstanding on or before the date of termination shall remain outstanding after termination.
14 MISCELLANEOUS
14.1 This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, licenses and understandings between the parties in this regard whether oral or written, whether express or implied save that nothing in this Contract shall operate to exclude either party’s liability to the other for fraudulent misrepresentation.
14.2 Nothing in this Contract shall establish or imply a partnership or joint venture between the parties or shall constitute either party as the agent of the other or allow either party to hold itself out as acting on behalf of the other.
14.3 If there is any conflict between the provisions of this Contract and those of the Quotation then the provisions of the Quotation shall prevail.
14.4 The Customer’s rights and remedies under this Contract are in addition to any rights the Customer might have under the Sale of Goods and Services Act 1982.
14.5 This Contract may not be varied except by an instrument in writing signed by the duly authorised representatives of the parties.
14.6 The Customer shall not assign or sub-contract any of its rights or obligations under this Contract without the prior written consent of Safety Supplies.
14.7 In the event of any clause or provision of this Contract being held void or ineffective by operation of law, such provision shall be deemed to have been severed from the Contract and the remaining Contract shall continue in full force and effect.
14.8 The failure of either party to this Contract to insist upon the strict performance of any provision of this Contract or to exercise any right or remedy consequent upon the breach of any such provision shall not constitute a waiver of any such breach or any subsequent breach of such provision.
14.9 A person who is not a party to this Contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
15 CANCELLATION
In the event that the Customer cancels or purports to cancel the Services then unless otherwise agreed in writing this Contract shall terminate and the Customer shall be liable to pay the Fees, Expenses and any other charges as identified and on the basis set out in the Quotation.
16 LATE PAYMENT
The Customer shall be liable to pay interest at the rate of 4% above the base rate of HSBC Bank from time to time on all late Fees and Expenses.
17 LAW AND JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of England and Wales and both parties submit to the exclusive jurisdiction of the Courts of England and Wales.
SCHEDULE 1
THE PRODUCTS SUPPLIED SHALL BE AS FOLLOWS:
[ ]Type 5 & 6 Category lll disposable coveralls
