Terms and Conditions, Returns and Refunds
Standard Terms & Conditions
1 Formation of contract
1.1 Any order sent to the Allsopp Helikites Ltd (hereafter known as 'the Seller') by the Purchaser shall be accepted entirely at the discretion of the Seller, and, if so accepted, will only be accepted upon these conditions (hereafter referred to as the “Conditions”) and by means of the Seller’s standard order acknowledgment form.
1.2 Each order which is so accepted shall constitute an individual legally binding contract between the
Seller and the Purchaser and such contract is hereafter referred to in these Conditions as an “Order”.
1.3 These Conditions shall override any contrary different or additional terms or conditions (if any)
contained on or referred to in an order form or other documents or correspondence from the Purchaser,
and no addition alteration or substitution of these terms will bind the Seller or form part of any Order
unless they are expressly accepted in writing by a person authorised to sign on the Seller’s behalf.
2 Specification
All goods supplied by the Seller shall be in accordance with (i) the current edition of the relevant Data
Sheet as published from time to time by the Seller (copies of which are available from the Seller upon
request) and (ii) those further specifications or descriptions (if any) expressly listed or set out on the
face of the Order. No other specification, descriptive material, written or oral representation,
correspondence or statement, promotional or sales literature shall form part of or be incorporated by
reference into the Order.
3 Acceptance
The Purchaser shall be deemed to have accepted all goods upon their delivery by the Seller to the
address specified in the Order.
4 Prices
All prices quoted by the Seller are exclusive of amounts in respect of sales taxes (such as UK VAT) and customs duties. The Purchaser shall, on receipt of a valid invoice from the Seller, pay to the Seller such additional amounts in respect of sales tax as are chargeable on a supply of goods pursuant to an Order. For these purposes VAT means value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement or additional tax.
5 Delivery, risk, loss or damage in transit
5.1 Unless otherwise stated in the Order, the price quoted excludes delivery to the address specified in
the Order.
5.2 Any time or date for delivery given by the Seller is given in good faith, but is an estimate only.
5.3 If the price excludes delivery, risk in the goods shall pass to the Purchaser upon shipment. If the
price includes delivery, risk in the goods shall pass to the Purchaser upon delivery.
5.4 If the price stated in the Order includes delivery, the Seller will repair or replace free of charge any
goods proved to the Seller’s satisfaction to have been omitted or damaged in transit provided that
within 3 days after delivery both the Seller and the carriers have received from the Purchaser
notification in writing of the occurrence of the omission or damage and also, if and so far as practicable,
of its nature and extent.
5.5 In the case of loss of goods, notice in writing must be given to both the Seller and the carrier
concerned within 7 days of the due date of the consignment.
6 Free Issue materials
Whilst reasonable care will be taken by the Seller of any material or components sent by the Purchaser
to the Seller as free issue for incorporation into any goods which are the subject of an Order (the “Free
Issue Materials”), the Seller does not accept any liability to the Purchaser for any loss of or damage to
such Free Issue Materials, howsoever caused. In the event that the Free Issue Materials have not been
received by the Seller by the agreed delivery date, the Seller reserves the right, after reasonable notice
has been given to the Purchaser, to invoice and despatch any Order, notwithstanding that the Free
Issue Materials have not been incorporated into the goods which are the subject of the Order.
7 Title and payment
7.1 The Seller warrants that the Seller has title to the goods. Title to the goods comprised in each
consignment shall not pass to the Purchaser until the Purchaser has paid their price to the Seller, but,
even though title has not passed, the Seller shall be entitled to sue for their price once its payment has
become due.
7.2 Unless otherwise stated in the Order, payment of the price of the goods comprised in each
consignment delivered pursuant to an Order shall become due with the placement of the order.
7.3 In the case of an agreed payment term for payment after order or delivery: If the Purchaser fails to make any payment due to the Seller under the Order by the due date for payment, then the Purchaser shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Purchaser shall pay the interest together with the overdue amount.
8 Storage
If the Seller shall be unable, through circumstances beyond its control (including without limitation lack
of shipping instructions from the Purchaser), to deliver the goods within 14 days after notification to the
Purchaser or its agent that the goods are ready for delivery, the Seller shall be entitled to arrange
storage on behalf of the Purchaser, whereupon delivery shall be deemed to have taken place, all risk in
the goods shall pass to the Purchaser, and delivery to the Purchaser of the relevant warehouse receipt
shall be deemed to be delivery of the goods for the purposes of Condition 5. All charges incurred by the
Seller for storage or insurance shall be paid by the Purchaser within 30 days of submission of an
invoice.
9 Force majeure
9.1 The Seller shall not be under any liability for any failure to perform any of its obligations under the
Order due to Force Majeure. Following notification by the Seller to the Purchaser of such cause, the
Seller shall be allowed a reasonable extension of time for the performance of its obligations.
9.2 For the purposes of this Condition, Force Majeure means fire, explosion, flood, lightning, Act of
God, act of terrorism, war, rebellion, riot, sabotage, official strike or similar official labour dispute, or
events or circumstances outside the reasonable control of the party affected thereby.
10 Warranty
10.1 For goods which are manufactured by the Seller or which bear one of the Seller’s trade marks, the
Seller grants the following warranty:
10.1.1 The Seller shall free of charge either repair or, at its option, replace defective goods where the
defects appear under proper use (and for these purposes “proper use” shall include,
without prejudice to the generality of the foregoing, using the correct electrical voltage and
connection for such goods) within 3 months from the date of delivery, PROVIDED THAT:
10.1.1.1 notice in writing of the defects complained of shall be given to the Seller upon
their appearance, and
10.1.1.2 such defects shall be found to the Seller’s reasonable satisfaction to have
arisen from the Seller’s faulty design, workmanship or materials, and
10.1.1.3 the defective goods shall be returned to the Seller’s factory at the Purchaser’s
expense if so requested by the Seller.
10.1.2 Any repaired or replaced goods shall be re-delivered by the Seller free of charge to the original
point of delivery but otherwise in accordance with and subject to these Conditions of Sale
save that the period of 3 months referred to in Condition 10.1.1 shall be replaced by the
then unexpired portion of that period only.
10.1.3 Alternatively to Condition 10.1.1, the Seller shall be entitled at its absolute discretion to refund
the price of the defective goods in the event that such price shall already have been paid by
the Purchaser to the Seller, or, if such price has not been so paid, to relieve the Purchaser of
all obligation to pay the same by the issue of a credit note in favour of the Purchaser in the
amount of such price.
10.2 In respect of all goods manufactured and supplied to the Seller by third parties the Seller will pass
on to the Purchaser (in so far as possible) the benefit of any warranty given to the Seller by such third
parties and will (on request) supply to the Purchaser details of the terms and conditions of such
warranty and copies of any relevant product information sheets, technical data sheets or product
leaflets issued by such third parties and the Purchaser shall be solely responsible to the entire
exclusion of the Seller for complying with all of these.
10.3 The Seller’s liability under this Condition shall (subject to Condition 14) be to the exclusion of all
other liability to the Purchaser whether contractual, tortious or otherwise for defects in the goods or for
any loss or damage to or caused by the goods, and (subject to Condition 14) all other conditions,
warranties, stipulations or other statements whatsoever concerning the goods, whether express or
implied, by statute, at common law or otherwise howsoever, are hereby excluded; in particular (but
without limitation of the foregoing) the Seller grants no warranties regarding the fitness for purpose,
performance, use, nature or quality of the goods, whether express or implied, by statute, at common
law or otherwise howsoever.
10.4 The seller guarantees Helikites and balloons manufactured by the seller to be free of defects in workmanship and material for up to 3 months after sale whilst in original packaging and not used by the purchaser, except for Helikites and balloons that have been improperly stored. (see 10.6.) Products sold but not manufactured by the seller will carry their manufacturer’s warranty.
10.5 The seller will replace or repair any faults at their discretion providing there is no evidence of customer misuse, or alteration.
10.6 Some balloon or kite products may be hermetically sealed to ensure safe delivery. A balloon sealed in this way will have been sealed immediately after testing to ensure it is perfect for the customer. Any device which has been hermetically sealed and then subsequently altered, tampered with or opened shall void said warranty and purchaser waives any and all rights to make any claims.
10.7 By their essential lightweight construction balloons are relatively fragile and need to be handled with care to avoid damage. Once out of the packaging it is impossible for the seller to be responsible for mishandling of fragile equipment. Because we cannot control all actions during the operation of our products, clients own components and equipment that are attached to the sellers products will not be covered by the sellers warranty. In the event of any the sellers products failing and causing damage(s) to clients’ components or equipment attached to our product, clients components or equipment will not be covered under our warranty.
10.8 This warranty is not transferable.
11 Confidentiality
Both the Seller and the Purchaser shall each keep confidential and shall not without the prior consent in
writing of the other disclose to any third party any technical or commercial information which it has
acquired from the other as a result of discussions, negotiations and other communications between
them relating to the goods and the Order.
12 Economic loss
Subject to Condition 14, and notwithstanding anything contained in these Conditions (other than
Condition 14) or the Order, in no circumstances shall the Seller be liable, in contract, tort (including
negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof (i) for
any loss of profit, business, contracts, revenues, or anticipated savings, or depletion of goodwill, or (ii)
for any special, indirect or consequential damage of any nature whatsoever.
13 Limitation of liability
Subject to Condition 14, and notwithstanding anything contained in these Conditions (other than
Condition 14) or the Order, the Seller’s liability to the Purchaser in respect of the Order, in contract, tort
(including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to
125 per cent of the price of the goods specified in the Order.
14 Unfair Contract Terms Act 1977
If and to the extent that s.6 and/or s.7(3A) of the Unfair Contract Terms Act 1977 applies to the Order,
no provision of these terms and conditions shall operate or be construed to operate so as to exclude or
restrict the liability of the Seller for breach of the express warranties contained in Condition 7, or for
breach of the applicable warranties as to title and quiet possession implied into the terms and
conditions of the Order by s.12 of the Sale of Goods Act 1979, or s.2 of the Supply of Goods and
Services Act 1982, whichever Act applies to the Order.
15 Payment
Standard payment terms are for full payment of the goods with the order.
16 Bank Transfers
Any bank transfers should only be sent to Allsopp Helikites Ltd Bank Account.
Contact Allsopp Helikites Ltd directly for full details. Allsopp Helikites Ltd will not be liable for payments
sent to incorrect bank accounts.
17 Lead Times
For items in stock the lead time will be around 10 days. Manufacturing lead time will depend upon the goods being ordered and will be specified on the Quote or Proforma Invoice.
16 Applicable law
The Order and any dispute arising out of or in connection with it (including non-contractual disputes) shall
be governed by the law of England and the parties agree to submit to the exclusive jurisdiction