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Terms and Conditions

This website is operated by Graham's Machinery Sales Limited. By using this website, you acknowledge that the use of this website is subject to the following terms and conditions.

Price & Payment
1. The price payable for the goods you order is as set out on our web site at the time you place your order, prices are exclusive of VAT and plus any charges for delivery as advised to you.

1.1 Prices are correct at time of going to press, and we reserve the right to update prices in the future which will then supersede the prices. We also reserve the right to change the price of commodity goods, such as stainless , at any time due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.

1.2 On occasion, the prices payable for goods advertised on our web site may differ from those prices offered in our trade counters, and we are under no obligation to honour any web site price if there is such a difference. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.

1.3 Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

1.4 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

1.5 If you are an account customer, payment shall be made in full 30 days nett. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due.

1.6 Even if we have provided you with credit previously we reserve the right to refuse to complete any order if payment of the account or your credit rating is not satisfactory to us.

1.7 In accordance with our online fraud protection policy, we require a land line telephone number from you to be able to process your order. You will receive a call back to confirm your order and to verify your telephone number . Any orders WILL NOT be despatched until this has been confirmed. Please note that we will not ask for any security information from your payment card.

Delivery & Title
2 Unless you order and collect the goods from  our trade counters, we will deliver them in accordance with your order usually within the stated delivery time but certainly within 30 days of accepting your order.   In the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery.   A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.

 2.1 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

2.2 Without prejudice to Clause 2.1, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods.

Availability
3. While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

Cancellation & Returns
4. We want you to be totally satisfied with every purchase you make from GMS. However if, for any reason you decide not to keep your products, you can return the goods if YOU contact us within 7 days upon receipt of delivery, provided the products are unused and in their original condition and accompanied by all original sales documentation.   On return for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.

Liability - PLEASE READ THIS CLAUSE
5 If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 3) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

5.1  We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

5.2 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

5.3  Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

5.4  If you are a trade customer and subject to Clause 5.2 , we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

For general enquires call 01244 376764 or email sales@gms.co.uk

40 Years

Leading independent distributor supplying the industrial sector for over 40 years!

GMS are a leading independent industrial distributor based in Chester and Teesside. We are a family owned company and are celebrating over 40 years in business. Our reputation has been built on providing a first class service supplying quality products at competitive prices.

Our experience enables us to offer technical expertise and tailor make your individual requirements. Making us your single source solution.

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