These are the Conditions on
which Direct Storage Limited (the “Company”) is prepared to sell goods to the Buyer (as defined
below).These Conditions apply to trade customers and
consumers.If the Buyer contracts with the Company as a consumer they do not
affect the Buyer’s statutory rights.
In these Conditions:
means the person, firm or company who
offers to purchase the Goods from the Company by completing the online order form on the Company’s
standard terms and conditions of sale set out on the Company’s website as the same may be varied in accordance
therewith and (unless the context otherwise requires) includes any special terms and conditions agreed in
Writing between the Buyer and the Company
“Contract” means any contract between the Company and the Buyer
for the sale and purchase of the Goods, incorporating these
“Delivery Point” means the place where delivery of the Goods is to
take place under condition 6;
means any goods agreed in the Contract
to be supplied to the Buyer by the Company (including any parts of them);
includes e-mail, facsimile transmission
and comparable means of communication.
Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to
that statute or provision as amended, re-enacted or extended at the relevant time and includes any subordinate
legislation for the time being in force made under it.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
A reference to one gender includes a reference to the other gender and words in the singular include the plural
and visa versa.
Basis of Sale
The Company shall sell and the Buyer shall buy the Goods in accordance with the order of the Buyer as set out
in the completed online order form which is accepted by the Company subject to these
Conditions. The Contract shall be on these
Conditions to the exclusion of all other terms and conditions (including any terms or conditions which
the Buyer purports to apply under any purchase order, confirmation of order, specification or other
document) No alteration or substitution of these Conditions and no representations about the Goods shall
be valid unless agreed in Writing and signed by the
The submission by the Buyer of a completed online order form constitutes an offer by the Buyer to purchase the
Goods specified therein. A contract is formed
between the parties only when the Company notifies the Buyer by email that the Buyer’s order has been accepted
or, if earlier, the Company delivers the Goods to the Buyer. The Company has no obligation to accept any offer so
Orders will not be accepted until the Company receives authorisation of the Buyer’s credit card
The Company reserves the right not to accept orders from the Buyer if the Buyer’s address is outside the
The Company reserves the right to charge an administration fee if the Buyer cancels or varies its order once it
has been accepted and the Buyer shall ensure that the terms of its order and any applicable specification are
complete and accurate.
The Company’s employees and/or agents are not authorised to make any representations concerning the Company’s
Goods. In entering into the Contract the Buyer
acknowledges that it does not rely on any representations made or given by or on behalf of the Company other
than those in these Conditions.
Any typographical, clerical or other error or omission on the website or in any of the Company’s catalogues,
advertisements, quotations, price lists, acceptances of offer, invoices or other document or information issued
by the Company (“Sales Literature”) may be corrected without any liability on the Company’s
Phone calls to or from the Company may be monitored for training purposes.
2.9 Payment is required in full at time of order. All credit card orders will be
charge in full at time of order
The Company reserves the right to withdraw the Company’s acceptance of the Buyer’s order if any Goods are not
readily available to the Company and to refund in full any payment the Buyer has made for
Other Goods ordered by the Buyer will be dispatched in the normal way.
The quantity of the Goods shall be as set out in the completed online order form and the quality and description of the Goods shall be those set out on the Company’s
All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any
descriptions or illustrations contained on the Company’s website or in the Company’s catalogues or brochures
are issued or published for the sole purpose of giving an approximate idea of the Goods described in
them. They shall not form part of the Contract and
this is not a sale by sample.
Price of the Goods and
The price for the Goods shall be the price set out on the Company’s website.
Unless specifically stated by the Company on it’s website the price of the Goods is exclusive of value added
tax or similar tax (if applicable), packing, loading, unloading, postage, carriage and insurance costs, all of
which amounts the Buyer shall pay when it is due to pay for the Goods and which shall be as set out in the
Company’s online order form or notified to the Buyer at the time of the Buyer’s order. Carriage costs are
detailed on the carriage page
The Buyer must request a separate quotation for deliveries outside of the mainland United Kingdom and the north of Scotland.
All payments must be in pounds sterling.
Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company
has received cleared funds.
All payments payable to the Company under the Contract shall become due immediately on its termination despite
any other provision.
The Buyer shall make all payments due under the Contract in full without any deduction whether by way of
set-off, counterclaim, discount, abatement or otherwise, unless the Buyer has a valid court order requiring an amount equal to such
If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay
interest to the Company on such sum from the due date for payment at the annual rate of 3 per cent above the
base lending rate from time to time of Barclays Bank accruing on a daily basis until payment is made, whether
before or after any judgment.
The Goods will be delivered to the address entered by the Buyer on the online order form and will normally be
dispatched within 5 working days of the Buyer’s order being accepted, unless the Company states
Time for delivery shall not be of the essence.
If the Company fails to despatch the Goods within 30 days of accepting the Buyer’s order (or such other period
the Company has notified to the Buyer), the Company shall refund in full the Buyer’s payment in respect of such
Goods. Goods may also be made available for
collection at the Company’s premises if the Company agrees this with the
If the Buyer fails to take delivery of the Goods or the Company is unable to deliver the Goods on time because
the Buyer has failed to provide adequate delivery instructions, documents,
at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or
by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the
risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s
the Goods shall be deemed to have been delivered; and
the Company may:
store the Goods until actual delivery and charge the Buyer for the reasonable costs including, without
limitation, insurance and storage; or
sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling
expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any
shortfall below the price under the contract.
Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and
manual labour for taking delivery of the Goods. We will only deliver to the ground floor of
buildings should you require goods to be taken to higher or lower floors it is the
buyers responsibilty to arrange this.
Where the Goods are to be delivered in
, each delivery shall constitute a separate contract. Failure by the Company to deliver
in accordance with these Conditions or any claim by the Buyer in respect of any one or
shall not entitle the Buyer to treat any other Contract or
as repudiated or cancelled as a whole.
The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of
business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can
provide conclusive evidence proving the contrary.
Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a
reasonable time of issuing a credit note at the pro rata Contract rate against any invoice raised for such
Subject to the other provisions of these Conditions, the Company shall not be liable for any direct, indirect
or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of
profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused
directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence),
nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180
6.10 Deliveies will be made Monday - Friday between 8am - 5.30pm we can not provide timed
Risk of damage to, or loss of, the Goods shall pass to the Buyer at the time the Goods leave the Company’s
premises if the Goods are collected from such premises, or, if the Company arranges the delivery of the Goods,
at the time the Goods are delivered to the Buyer.
Title in the Goods shall pass at the time that the Goods are delivered to the
In the event the Buyer is entering into this contract outside a business the provisions of this condition shall
apply and prevail over any other terms and conditions but:
the Buyer’s statutory rights including but not limited to those contained within the Sale of Goods Act 1979 (as
amended) and the Sale and Supply of Goods and Services Act 1994, shall not be affected by the restrictions and
limitations set out in these Conditions; and
the restrictions and limitations contained in condition 9.4 shall not apply.
In the event that the Buyer is entering into this Contract outside a business the Buyer shall for a period of 7
days following delivery of the Goods, have the right to cancel the contract by sending written notice of
cancellation to the Company either at the e-mail, fax or postal address set out at the end of these Conditions
or by telephone to the telephone number set out on the website (and the Company reserves the right to record
all such calls).
In the event the Buyer cancels the Contract under condition 8.2 above:
the Buyer shall be responsible for paying all reasonable costs and expenses incurred in the Goods being
delivered and returned to the Company; and
the Company shall reimburse any sum paid by the Buyer within 30 days of the notice of cancellation being given,
subject to the Company receiving the goods back unused and in undamaged condition within a reasonable
9.1 The Company warrants that, at the time of delivery,
the Goods will, subject as hereinafter provided, be free from defects in materials and workmanship and be of
satisfactory quality (within the
meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the Goods as shown or described on the
Company’s website and those dispatched to the Buyer (but the goods dispatched will always be of a comparable or
9.2 The Goods (unless the Company
notifies the Buyer otherwise) have been manufactured by a quality assured
source and subjected to quality system requirements in accordance with the
conditions of the Company’s
registration to BS EN ISO 9001:2000.
9.3 Any claim by the Buyer that the Goods fail to
correspond with the description on the Company’s website or that they are defective or not of satisfactory
quality, must be notified to the
Company in Writing within 7 days from the date of delivery or, where this was not apparent on reasonable
inspection, within 7 days after discovery or 30 days after despatch by the Company, whichever is the
earlier. If the Buyer does not notify the Company accordingly
the Company shall have no liability for such failure or defect.
9.4 The Company shall not be liable for a breach of any
of the warranties in condition 9.1 if:
the Buyer makes any further use of such Goods after giving such notice; or
the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the
storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade
the Buyer alters or repairs such Goods without the written consent of the
If the Buyer makes a valid claim under condition 9.3, the Company shall
replace the Goods in question free of charge or, at the Company’s sole discretion, refund in full the payment
made in respect of such Goods, but the Company shall have no further liability for such failure or
defect. Such replacement or refund is conditional
upon the Goods in question having been returned to the Company.
The Company shall be under no liability in respect of any defect arising from fair wear and
damage, negligence, abnormal working conditions, failure to follow the Company’s instruction (whether oral or
in Writing), misuse or alteration or repair of the Goods without the Company’s
The Company shall be under no liability under any warranty, condition or guarantee (if any) if the total price
for the Goods has not been paid by the due date for payment.
The Company shall not be liable in respect of any defect in the Goods arising from any drawing, design or
specification supplied by the Buyer.
Except in the case of death or personal injury caused by the Company’s negligence, the Company shall not be
liable to the Buyer by reason of any representation or any implied warranty, condition or other term, or any
duty at common law or under these Conditions, for any special, indirect or consequential
Subject as expressly provided in these Conditions, and except where the Goods are sold to the Buyer contracting
as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other
terms implied by statute or common law are excluded to the fullest extent permitted by
In no circumstances shall the Company’s liability to the Buyer exceed the invoice value of the
The Company shall not be liable for a situation of force majeure where any failure in the performance of any of
the Company’s obligations is caused by factors outside the Company’s control and the Company reserves the right
to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer
(without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to
circumstances beyond the reasonable control of the Company. Such events of force majeure include, without limitation,
acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil
commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not
relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials.
Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused
by the Company’s negligence; or under section 2(3) of the Consumer Protection Act 1987; or for any matter which
it would be illegal for the Company to be excluded or attempt to exclude its liability; or for fraud or
Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the
Company whether under the Contract or not.
The terms and conditions of this clause
apply where the Company is contracting with the Buyer to install ordered goods at the Buyer’s
Unless otherwise stated in writing the Company contracts on the basis that the Buyer will ensure
the relevant site is accessible, clear, level and dry in readiness for the arrival of the Company’s
a suitable electricity supply is available for light and power tools;
sufficient working space has been allocated to ensure maximum output and sufficient storage space is provided
free of charge for the Company’s immediate use on or adjacent to the site for plant and all materials and that
where applicable all materials are on site for the arrival of the Company’s
the Company’s employees and/or agents are given every facility to complete the work without undue
where dust is prevalent the Company is not responsible for the washing or wiping down of the ordered goods;
there is sufficient labour available to off-load the delivery vehicle without
The Company reserves the right to make additional charges should these terms and conditions not be adhered to
and such charges shall include (although not by way of limitation) loss of profit and/or damages for delay,
inconvenience, increased labour and/or transport costs.
Where other contractors are also involved it is a condition of any contract between the parties that the other
will be such as to permit the Company’s work to be carried out with expedition and
continuity at the site. Should it be subject to delays or a requirement to make a return visit to the
site, this will involve additional charges which will be invoiced to the Buyer by the
The Buyer shall obtain all necessary consents,
and approvals for the installation or erection of the ordered goods. The Buyer shall indemnify the Company for
any costs or expenses incurred by the Company due to the Buyer’s failure to obtain such
Onward Sale Indemnity
The Buyer agrees not to offer the Goods for resale either within or outside the United Kingdom unless agreed in Writing by the Company.
The Buyer shall indemnify the Company in full for all losses, damages, costs and expenses which the Company may
suffer or incur if the Buyer breaches this term.
The Contract is personal to the Buyer and the Buyer shall not assign or transfer or purport to assign or
transfer to any other person any of its rights or sub-contract any of its obligations under the
The Company may assign the Contract or any part of it to any person, firm or
The Company reserves the right to vary these Conditions at any time but the terms and conditions which apply to
the Contract between the parties shall be those in force at the time the Company accepts the Buyer’s
In respect to any contract entered into between the Company and the Buyer, no other party shall have the right
under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the
Any communication between the parties shall be by e-mail, fax or first class post to the Company’s current
e-mail, fax or postal address and to the Buyer’s e-mail, fax or postal address which the Buyer has notified to
Communications shall be deemed to have been received: (a) if sent by pre-paid first class post, two business
days after posting (exclusive of the day of posting); or if delivered by hand, on the day of delivery; or (c)
if sent by fax or email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the
next working day
17. Data Protection
The Company is compliant with the Data
Protection Act 1998.
The Company may collect information
including your name, postal address, e-mail address, telephone number, credit card number and expiry date,
Products and or Services obtained, quantity of Products
purchased and such other relevant information which it deems
necessary to process your order and or provide maintenance and support
17.3 The Company may from time to time provide you
with related information from third parties which it thinks may be of interest to
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be
construed as a waiver of any of its rights under the Contract.
No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of any
subsequent breach of the same or any other provision and shall in no way affect the other terms of the
If any provision of these Conditions is held by any court, tribunal or administrative body of any competent
jurisdiction to be illegal, invalid, void, voidable, unreasonable or
unenforceable in whole or in part, it shall to the extent of such illegality, invalidity, voidness, voidability,
unreasonableness or unenforceability be deemed severable and the validity
of the other provisions of these Conditions and the remainder of the provisions in question shall not be
The contract formed by the Company’s acceptance of the Buyer’s order shall be governed by the laws of
The Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.