General Terms & Conditions

Interpretation

For the purpose of this agreement, and unless stated otherwise,

The Company shall mean the suppling Company, any related corporations of it providing goods or services to the Purchaser and any person acting with due authority of the Company.
Buyer shall mean the person or persons named in the documentation for this agreement as the Buyer and any person signing or initialing this agreement (other than on behalf of the Company).
The Purchaser is for all intents and purposes the Buyer.
Serendipity provides a publishing service to link supplying Companies with prospective Purchasers or Buyers and has no other involvement with either the supply or purchase of goods.
Price shall mean the cost of an item as agreed between the Company and the Buyer subject to the other terms of this agreement.
Services shall mean all Services supplied by the Company to the Buyer.
A reference to a purchased item includes:
- the item;
- a reference to multiple itmes and other similar or related equipment;
- a reference to a proposed items which has been ordered or provided (even in the absence of a signed agreement);
No rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.
Time is of the essence except where specific provision is made or the contrary intention appears.
A reference to a person or purchaser includes the person’s heirs, executors, administrators, successors, substitutes and assigns and this document is intended to be binding upon such persons.
The singular includes the plural and vice versa and words importing a gender include other genders.
Other grammatical forms of defined words and expressions have corresponding meanings.
An agreement, covenant, representation, warranty or indemnity in favour of two or more persons is for the benefit of them jointly and severally.
An agreement, covenant, representation, warranty or indemnity made by two or more persons is made by them jointly and severally
Headings are for ease of reference only and do not affect the construction of this agreement.
The terms appearing on the company’s document entitled “Purchase Receipt” apply and supersede the terms herein to the extent of any inconsistency.
Where the context admits, the provisions of this document extend beyond any termination.

Terms of Agreement

Any further performance of this agreement after receipt of these terms and any subsequent or other offers or agreements between the Purchaser and the Company for the supply of items, services or of equipment, shall be on the terms and conditions contained herein unless otherwise agreed by the Company.
The Purchaser shall be jointly and severally liable for all amounts payable by the Purchaser to the Company in connection with this agreement.
The terms of this Agreement may not be altered except in writing. The Purchaser acknowledges that the Company’s personnel and agents are not authorised to vary this agreement except in writing.
Except where required by mandatory operation of law, the Company shall not be liable to the Purchaser or any other person for any personal injury, indirect, special or consequential loss or damage (including without limitation loss of profits, loss of opportunity or business interruption) suffered by the Purchaser or any other person howsoever caused (including by negligence where allowed by law) by the Items or the use thereof or any delay or non-performance and the Purchaser does hereby waive and release the Company from any action, claim, loss or right which the Purchaser may now or in the future have against the Company or its officers, agents, contractors and employees arising in connection with the Items in any way whatsoever.
Serendipity provides a service and will not be resposible for any claims made by either the Company or the Buyer.
As a provider of a service Serendipity will not be liable for any agreements or arrangements made between the Company or the Buyer.

Fees & Prices

The Purchaser agrees to pay the purchase price for goods to the Company either online or as otherwise demanded or required by the Company.
The Purchaser is responsible for any ordered items not picked up by the Purchaser.
The Purchase Price will be determined by the Company’s prevailing price list at the time of this agreement.
Any quotation provided by the Company shall be valid for a period of 2 hours from time of order only.
All products and services are sold subject to value added tax (VAT) unless the products or services are classified as VAT exempt.
Payment will be made by such reasonable means as the Company may require which might be cash or credit card at time of pick-up or delivery.

Conditions of Purchased Items & Warranty

The Purchaser must inspect the Items upon receipt, pick-up or delivery and notify the Company immediately of any concern the Purchaser has about any Items. The Purchaser must notify to the Company any issue identified during the course of the purchase as soon as practicable after it is identified.
If the Purchaser fails to inspect or notify the Company of any issue with the Items when provided by the Company then in the absence of clear contrary evidence the Items shall be deemed to be in good condition when so provided by the Company.
If through no fault of the Purchaser a material fault is identified in the Items, then provided that the Purchaser has complied with this agreement the Company shall repair the Items, replace the Items, or refund the balance of the purchase fee (at the Company’s sole discretion) (“the warranty”).
The warranty shall not be applicable in a situation where:
- The Purchaser has failed to follow instructions supplied by the Company in relation to proper use of the Items.
- The Items or any Services have been used in a manner other than their intended purpose.
- The Purchaser willfully or recklessly causes damage or fails to maintain the Items.
- The Purchaser continues to use or consume the Items after any issue with the Items is identified, or would have been apparent to an ordinary person.
- Any alteration is made to the Items without the Company’s knowledge and consent.
- The fault has occurred as a result of circumstances outside the control of the Company.
The Company shall not be liable for any losses caused by any delay in replacing the Items.

Purchaser’s Obligations

The Purchaser acknowledges that they are responsible for arranging pick up the ordered items, unless otherwise agreed by the Company.
The Purchaser acknowledges that they pick up the ordered items in a timely manner and that they are responsible for any failure to pick up the items.
The Purchaser acknowledges that they purchase the Items relying solely upon their own skill and judgment and not upon any representations or statements by the Company (including of a broad or general nature).
The Purchaser will accept the consequences if he/she or any appointed delivery person is delayed.

p; Rescheduling of an Order

At the Company’s sole discretion, the Purchaser may request a cancellation of the purchase by giving written notice to the Company not less than 15 mins after the purchase time. Failure to provide such notice will result in the Purchaser forfeiting any purchase fee to the Company even if the Company accepts the cancellation. All cancellations will incur a $10 admin fee.
At the Company’s sole discretion, the Purchaser may request a rescheduling of the purchase by giving written notice to the Company not less than 15 mins after the purchase time. A refund of the Purchaser’s purchase fee is not possible. Failure to provide such notice will result in the Purchaser forfeiting any purchase fee to the Company.
The Company may cancel delivery of the Items Services at any time before delivery by giving notice to the Purchaser or due to weather conditions or safety reasons before and during delivery. The Purchaser then can simply reschedule date and time at no additional charge. If the Purchaser decides not to reschedule the purchase, The Company will refund any amounts paid to the Purchaser.
The Company shall not be liable for any direct, indirect, special, or consequential loss or damage whatsoever arising from such cancellation or rescheduling by the Company.

Retention of Title

The Company retains complete ownership and title in the Items being purchased at all times, pending the completion of the purchase.

Limitation of Liability

If permitted by law, the liability of the Company to the Purchaser in connection with this agreement shall be limited to the amount paid by the Purchaser to the Company pursuant to this agreement or the cost of providing the Items/Services again (at the election of the Company).

Privacy

The Purchaser acknowledges that the information provided by the Purchaser to the Company may be supplied to a credit reporting or debt collection agency in the event that the Purchaser fails to make payment as required under this agreement and may be supplied to other persons in order to give effect to the terms of this agreement.
The Purchaser agrees that the Purchaser’s personal information may be used and retained by the Company for the following purposes and as required by law from time to time:
- Provision of the Items/Services.
- Marketing of Items/Services by the Company, Serendipity, its agents, distributors, or contractors, including by electronic message.
- The Collection of monies owed to the Company.

General

The Company may assign or sub-contract the whole or any part of this agreement without the Purchaser’s consent.
The Company shall not be liable for any breach of any provisions of this contract if the cause is outside of the reasonable control of the Company.
This document and its interpretation, validity and all claims relating to any actions or omissions arising from conduct in connection with this document shall be governed by the laws of the UK and the parties agree to submit to the exclusive jurisdiction of the Courts of the UK.
A waiver of any provision of this agreement by the Company must be in writing. No delay by the Company in exercising any right or power pursuant to this document will operate as a waiver of that right or power nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
The warranties, undertakings, agreements and continuing obligations in this document do not merge on completion.
No condition or provision of this agreement shall be deemed waived or excluded unless it is expressly stipulated to be so waived or excluded in writing by the Company.

Indemnity

To the extent permitted by law, the Purchaser hereby indemnifies the Serendipity and the Company against all losses and expenses which Company or its officers, contractors, employees or agents may suffer or incur (including dishonour fees, debt collection costs and legal costs on an indemnity basis) due to the failure of the Purchaser to fully observe its obligations under this agreement, or any other willful or neglectful conduct by any person not directly connected with the Company in connection with the Items.

Consumer Laws

If any provision of this agreement would, but for this clause, be contrary to any laws, including any conditions, warranties, rights or remedies which the Purchaser may have pursuant to the Competition and Consumer Act or otherwise then that clause is to be severed from this agreement and treated as void, but so that the remaining provisions shall not be affected in any way whatsoever.