‘Seller’ means Duratec Plastics Limited. ‘Buyer’ means the person, firm or company contracting with the Seller to buy Goods from the ‘Seller’. ‘Goods’ means all Goods supplied to the Buyer by the Seller from time to time. 'Order' means an order placed by the Buyer for the supply of Goods.
If you are a consumer nothing in these terms and conditions will affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. These terms and conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and we reserve the right to change these terms and conditions at any time. These terms will form part of the contract and prevail over any representations in marketing, advertisements or publicity and over any terms put forward by the Buyer. When ordering items from Duratec Plastics Limited. it will be assumed that a Buyer has full knowledge and accepts all terms and conditions herein. These terms and conditions should be read in their entirety and will constitute the terms and conditions for the whole agreement.
All orders for Goods shall be deemed to be an offer by you, the Buyer, to purchase Goods pursuant to these terms and conditions.
You, the Buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Acceptance of your order is demonstrated by an order acknowledgement. The completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it. Please refer to section 16 for cancellation terms.
Prices shown for carriage, except where otherwise stated, are those for England and Wales mainland. Outside of this area or for items which have special carriage terms (listed with each item) follow any instruction given online or call us prior to ordering to ascertain current rates.
All main line products are free delivery to a single UK mainland address, products within our clearance section and selected next day delivery lines may carry additional carriage charges.
Duratec Plastics Limited publish a separate price list, which is revised from time to time. We will endeavour to maintain these prices but from time to time individual prices may vary at short notice. When the price is different from the published price we will endeavour to notify you as soon as possible.
Payment will either be in full or an account subject to approval when an order is placed. Payment can be made by credit card, debit card, cheque or bank transfer.
By placing an order, you, the Buyer, consent to payment being charged to your credit account or debited from the payment method you have provided.
For items purchased online payment is required by credit or debit card unless previously agreed in writing by the Seller. The Buyer should make sure that there are sufficient funds at this time otherwise the purchase will be cancelled and the Buyer maybe liable for any costs incurred by the Seller.
7. Credit Accounts
If you are a school, college, government body, NHS or MOD you will automatically have a pre-authorised credit account with us. Please contact our Sales Team to activate your account.
Commercial Buyers have the opportunity to apply for a credit account. Unless otherwise stated by the Seller full Payment will be met monthly at the same day each month following an invoice being issued.
If there is a balance outstanding beyond this date the Seller will charge interest at 3% above the Bank of England base rate. (The Seller reserves the right to waive this interest).
All account holders will have a credit limit. The Account holder will not exceed this limit.
8. Overseas Customers
We can ship Goods overseas using our own Network of freight forwarders or we can ship to a freight forwarder of the customer’s choice.
All overseas orders are quoted on an order by order basis. If you are ordering from outside the United Kingdom please contact our Sales Team to discuss your requirements and the Terms of Sale. Terms & Conditions may alter to Buyer's purchasing from outside the UK.
All of the Goods remain the property of the Seller until they have all been paid for and all debts and balances owed to us on any ground are settled in full by the Buyer.
At any time, the Seller may recover from the Buyer any Goods as a result of any infringement of the Conditions of Sale laid down by the Seller or if the credit amount outstanding on the Buyers account exceeds the credit limit the Seller is willing to afford at the Sellers absolute discretion.
The Seller shall (without any prejudice to their other rights hereunder) be entitled at any time after the due date for payment stated hereinbefore or before such date in the event that serious doubt arises as to the Buyers solvency give notice in writing to the Buyer to pay within 7 days the full price of the Goods under this or any other unpaid contract between the Buyer and the Seller and that at the end of these 7 days if the Buyer has failed to pay the whole outstanding price the Seller shall be entitled to full recovery of the Goods under the respective contracts by which they were bought. Also, on appointment of a receiver over the whole or part of the Buyers undertakings or the passing a resolution or making an order to wind up undertakings the Buyer grants the Seller a license to enter their premises during normal business hours for the purpose of removing such Goods from the Buyers premises.
On delivery to the Buyer all risk whatsoever in relation to the Goods, their storage and usage passes to the Buyer notwithstanding the fact that title to property may not have passed.
The Goods will be delivered to you, the Buyer, only at the kerbside of the address provided by you on the order form / web order unless otherwise agreed. Kerbside delivery is delivery of the order to the Buyer to the kerbside only, it is the responsibility of the Buyer to unload all Goods from the delivery vehicle. Alternative delivery options are available and are chargeable at an extra cost to any other advertised delivery options. Alternative delivery arrangements must be made prior to order and agreed by the Buyer and the Seller in writing.
Deliveries are made Monday to Friday (with the exception of Bank Holidays) and lead times are always quoted in working days.
The risk in the Goods shall pass to you, the Buyer, upon such delivery taking place.
Any dates quoted for delivery of the Goods are approximate only and the Seller will not be liable for any delay in delivery of the Goods however caused. On order acknowledgement you, the Buyer, will receive an expected delivery date. In busy periods these lead times can be extended. If you require Goods by a specific date, please contact our Sales Department prior to ordering to see if the Seller can facilitate a promised delivery.
The Seller shall not be liable to you, the Buyer, for short delivery of the Goods however caused but will provide you with the outstanding Goods as soon as is reasonably practical.
Failed or rejected deliveries will be subjected to re-delivery charges.
Duratec Plastics Limited will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
All drawings, descriptive matter and specifications of the Goods on the website are for the sole purpose of giving an approximate description of the Goods.
We match colours of products as close as possible to their RAL. However, the accuracy of the colour displayed on your device screen may vary, as a result of your screen calibration. For exact colours please request RAL colour or a sample. You can do this via Live Chat, phone or email.
We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
Duratec Plastics Limited accept no responsibility for any viruses which may infect our system and be downloaded onto customers computers or for any damage caused by other software or material on its website which may be capable of corrupting or damaging software or hardware of computers connecting with it.
Duratec Plastics Limited, will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
Except where the Buyer is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) the Seller does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Goods.
These terms and conditions shall be subject to English Law and jurisdiction for disputes and breaches will be limited to Courts and dispute resolution tribunals and bodies in England and Wales.
14. Receipt and Return of Goods
The Buyer will inspect the Goods upon delivery and will notify the Seller immediately of any damages or shortages. Any damage to the Goods should be notified to the Seller immediately and signed as damaged on the courier’s paperwork. All damaged should be reported to the Seller within one trading day by 5:30pm. No claims can be made for any Goods signed for as received in good condition. If you, the Buyer, fail to comply with this clause the Seller will not be held legally liable in any respect of complaint which should have been brought to our attention within the time period stated above.
Otherwise than in 13) a) above, Goods cannot be returned without prior consent of the Seller in writing. A Handling Charge will be imposed which will vary according to the condition of Goods and packaging returned. Acceptance of the return of used Goods may be refused or alternatively a repair charge may be levied at the Seller’s discretion.
Reimbursement will be the same method of payment as the original payment unless otherwise agreed by the both parties.
The Sellers invoice always follows despatch of the Goods. If after three days following receipt of the invoice the Buyer has not received the Goods, the Seller should be informed by telephone or in writing. Failure to do so could render invalid any claim the Seller might have on the transporter or courier whose own trading conditions may be governed by a time period. In the event of any Goods being delivered damaged or short delivered, the couriers note should be endorsed accordingly and a copy should be sent to the Seller on the same day of delivery of the Goods. The Seller will not accept responsibility for any loss or damage if this condition is not adhered to.
Non-faulty and non-damaged Goods can only be returned if permission is granted by the Seller in writing. At the point of such permission, the Buyer assumes all responsibility for returning the Goods to the Seller to an agreed returns address. The Buyer must organise the return of the Goods at their own risk and at their own cost. The Seller will not be liable for any costs that the Buyer incurs for returning the Goods. Credit to the Buyer will only occur when the Goods are back with the Seller at the agreed address and signed for with the Buyer's courier in original condition and with all original packaging intact. Failure to return Goods in the above described condition will result in reductions in credit to the value of repairing or replacing damaged Goods.
Made to Order Goods are non-returnable save in the respect of defects or damages that have occurred in the manufacturing process or in delivery of the Goods.
15. Sale or Return
Goods can be supplied on Sale or Return, subject to the following conditions:
Unless otherwise agreed, the period of trial will be seven days from receipt of the Goods. At the end of this period the Goods will be invoiced as a Sale unless the Seller has indicated otherwise in writing.
In the event of Goods not proving suitable, the Seller must be advised, and they must be returned to the Seller at the Buyer's expense in its original condition and with the original packaging.
In the event of the Goods being accepted, the Seller’s carriage charges and trading terms will apply.
The points above are our Standard Terms for Sale or Return agreements. Full terms will be agreed on an order by order basis during consultation with one of our Sales Advisers.
Cancellations of orders are accepted only after an agreement has been reached with the Seller and confirmed in writing, with a specification of reimbursement or other compensation due to the Seller if applicable. We do not accept any cancellations of Made to Order or Non-Standard Goods once in production. Goods are deemed as in production at the point where the Seller sends an Oder Acknowledgment to the Buyer.
Cancellation Terms remain in place for all orders unless formally pardoned in writing by the Seller, at which point charges may apply.
17. Force Majeure
The Seller will not be liable to the Buyer for any matter which arises from any war, riot, Act of God, strikes, extreme weather or any other events beyond the Seller’s control.
18. Intellectual Property
The copyright in the material contained in the website, catalogue and other documentation issued by Duratec Plastics Limited and any trademarks and brands included in that material belongs to Duratec Plastics Limited or its licensors.
You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
19. Data Protection
This website is owned and run by Duratec Plastics Limited (details below). We do not collect any data about you unless you have filled in forms on our site. Any data collected from our forms is only used for our own processing use to aid us to give you the best service and so we can keep in contact, but this information will not in any way be passed or sold to any third party unless legally obliged. We do collect email addresses to use to send out product, services information and special offers, but this is an opt in data collection (found mainly on our forms) and at any time you can opt out and we will remove all your details from our databases. If you have any other queries about our policies, please do not hesitate to contact us to discuss.
20. Company Information
Registered/Trading Address: Duratec Plastics Limited, 8 Home Park Drive, Buckshaw Village, Chorley, Lancashire PR7 7EA.
Registered Number: 11954172