Terms of Supply

1. These terms

These terms apply to all goods supplied by Surplus Stock Deals Ltd (company number 15450400, registered office 219 Chanterlands Avenue, Hull, England, HU5 3TP) to a customer, to the exclusion of any terms you seek to impose, including any printed on your purchase order.

2. Business customers only

We supply goods for business use and resale only. By placing an order you confirm you are acting in the course of a business and not as a consumer. Statutory rights that apply only to consumers — including the right to cancel a distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the remedies in the Consumer Rights Act 2015 — do not apply. Your rights are those in these terms and under the Sale of Goods Act 1979.

3. Quotations and how a contract is formed

Our quotation is valid for 7 days and is subject to stock remaining available. Nothing on our website is an offer. A contract is formed when we send you a written order confirmation. Your order, or your acceptance of a quotation, is an offer which we may accept or decline.

4. The goods

We supply surplus, clearance, overstock and end-of-line goods. This means:

• Packaging may show damage, wear, previous promotional labelling or foreign-language text, provided the goods remain fit for sale and any required safety markings and warnings remain intact and legible.
• Some stock is graded customer returns. Where it is, we say so and state the grading applied.
• Stock is often supplied as mixed pallets or job lots. Where a lot is described as mixed, exact composition may vary within the description given.
• Images are illustrative. Branding, packaging design and specifications may differ from those shown.

If you need certainty on a specific point — a model number, a marking, a document — ask before ordering and we'll confirm it in writing.

5. Conformity and documentation

Goods are supplied with the conformity marking, labelling, warnings and documentation they carried when supplied to us. We do not remove, alter, obscure or replace any marking, label or warning, and we do not repackage or relabel goods.

Where a product category requires a Declaration of Conformity, instructions or a safety data sheet, we supply it with the goods or make it available on request. Each listing states what documentation accompanies the stock.

6. Price and payment

The price is that in our written quotation, valid for 7 days. Prices exclude delivery unless stated; delivery charges are confirmed with your quotation.

Payment terms are 50% of the order value before delivery, and the remaining 50% on delivery. We do not dispatch or release goods until the first 50% has cleared.

Payment is by [NEEDED: payment methods]

If payment is late we may suspend deliveries and charge interest and costs under the Late Payment of Commercial Debts (Interest) Act 1998. You may not withhold or set off any amount you owe us against any claim you say you have.

7. Delivery, collection, risk and title

Delivery dates are estimates and time is not of the essence. Risk passes on delivery, or on collection where you or your carrier collects. Title does not pass until we have received payment in full; until it does, you must keep the goods identifiable as ours and may only resell them in the ordinary course of your business.

If you fail to take delivery or attend a booked collection, we may charge our reasonable storage and redelivery costs.

8. Inspection, shortages and claims

You must inspect goods on delivery or collection. Note any visible damage or shortage on the delivery paperwork before signing.

Email info@surplus-stockdeals.co.uk with your order reference, what's wrong, the quantity affected, batch or serial references, and photographs. Keep the goods and packaging until the claim is resolved. If we accept a claim we will, at our option, replace the goods, issue a credit, or refund what you paid for them.

Because our stock is surplus and clearance, we do not accept returns of goods correctly supplied and matching their description — including where stock hasn't sold as well as hoped, or where you ordered the wrong quantity. [assumed: no discretionary returns]

9. Reselling our goods

You are responsible for compliance when you resell. In particular you must:

• keep conformity markings, labels, warnings and instructions intact, and supply them with the goods;
• not repackage, relabel or sell the goods under your own name or trademark unless you are prepared to take on the manufacturer's obligations that follow from doing so;
• store and transport goods so their conformity is not affected;
• keep records identifying who supplied goods to you and who you supplied them to, and retain them for the period the relevant product legislation requires;
• hold any registrations, approvals or licences your own business needs, including any producer or distributor obligations for electrical equipment and batteries;
• satisfy yourself that the goods are suitable and lawful for the market and customers you sell to.

Tell us immediately if you become aware of a safety issue with goods we supplied, and co-operate with any withdrawal or recall.

10. Warranty and liability

We warrant that on delivery the goods will correspond with their description, taking into account that they are sold as surplus or clearance stock as described in clause 4, and that they will carry the conformity marking and documentation described in clause 5. This does not apply where a defect arises from your failure to follow storage or handling instructions, from fair wear and tear, or from your alteration of the goods, their packaging or their labelling.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, for breach of the terms implied by section 12 of the Sale of Goods Act 1979, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable for loss of profit, loss of business, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss; and our total liability for all claims arising under a contract will not exceed the price paid for the goods in question. [assumed] These limits are subject to the reasonableness requirement in the Unfair Contract Terms Act 1977.

11. Withdrawal and recall

If we need to withdraw or recall goods we will contact you using the details you gave us. You must act promptly, stop selling the affected goods, tell us what stock you hold and who you supplied, and co-operate with us and any enforcement authority.

12. Events outside our control

We are not liable for failure or delay caused by events outside our reasonable control. If such an event continues for more than 30 days [assumed], either party may cancel the affected order.

13. General

You may not transfer your rights without our written consent; we may transfer ours to a business acquiring ours. Each clause operates separately. A delay in enforcing our rights is not a waiver. A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999. These terms are governed by the law of England and Wales, whose courts have exclusive jurisdiction.

14. Contact

info@surplus-stockdeals.co.uk · [NEEDED: phone number] · Monday to Friday, 10am – 4pm