All orders are accepted by Chaser subject to the Terms and Conditions of Sale set out below:
Article 1: General
All orders for products of Chaser International are subject to these terms and conditions of sale. No other terms will apply to the supply of products
All descriptions of the products contained on the website are approximate only and shall not form any part of the contract between Chaser International and the Customer. Chaser international shall not be liable to the Customer for any errors or omissions on the website.
Article 2: Prices
The prices of the products and services are as set out on the website. Products, which are not stocked, will be sold at the prices set out at the time of dispatch. Chaser International reserves the right to change prices without prior notice at any time.
Article 3: Ordering
Chaser International reserves the right to decline to trade with any company or person. In addition, Chaser International may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt by Chaser International of the order.
Chaser International executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when Chaser International next has available stock or be cancelled. If requested by the customer-unfulfilled balance can me an option to be delivered.
If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 will apply.
Article 4: Delivery
Chaser will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the online website current at the date of order or will be notified to the Customer at the time of order when the product is not standard in the website. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted by Chaser or by Chaser employees are approximate only and Chaser shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. If any delivery is late, the Customer must notify Chaser, and Chaser will endeavor to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. Chaser may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable Chaser may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
Orders are subject to shipping and handling charge as published on the website, or quoted at the time of order. These shipping and handling charges apply per order, irrespective of the number of products ordered. For customized orders Chaser has the right to quote different handling charge as standard. The customer will be notified before.
Article 5: Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 3 days of the date of delivery or, in the case of clause 4, the due date for delivery, give notice to Chaser in detail of:
Any defect in the product that is apparent on reasonable examination. In this case Chaser shall, at Chaser’s discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
Any shortfall in products delivered. In this case Chaser shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
Any delivery of products not in accordance with the order. In this case Chaser shall, at Chaser's discretion, replace the products or refund the purchase price;
Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case Chaser shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Chaser's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Chaser shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
Article 6: Payment
If Chaser has not granted credit to the Customer, payment terms are payment on forehand by bank transaction / IDEAL or cash with order.
Credit terms (subject to satisfactory references and at Chaser's absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service by the 30th day after invoice date. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
Chaser may apply a compensation charge as an estimate of administrative and other wasted costs incurred by Chaser to the Customer of 2% of the total invoice per month.
Article 7: Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to Chaser from the Customer for those products have been received by Chaser (in cash or cleared funds). If the Customer is late in paying any sum to Chaser, then Chaser shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises Chaser to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Chaser shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or Chaser's right to sue for the whole of the price.
Article 8: Product and Availability Information
Chaser reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Chaser website.
Unless otherwise confirmed, nothing in any Chaser website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
Article 9: Warranty
For products purchased from Chaser: Chaser warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to Chaser within 1 month of the original date of despatch, or such other longer period as may be indicated by Chaser for specific products from time to time in writing.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Chaser. The Customer must return or dispose of the products, or make them available for collection by Chaser, in accordance with Chaser's instructions and suitably packaged.
The Customer must contact Chaser to notify Chaser of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, Chaser may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by Chaser shall become the property of Chaser. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be Chaser's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). Chaser will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Chaser by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
Article 10: Liability
Chaser shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.
Chaser shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Chaser and the Customer, or of any order accepted by Chaser; (ii) any duty of any kind imposed on Chaser by law arising out of or in relation to the contract between Chaser and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of Chaser for death or personal injury caused by the negligence of Chaser or its employees, agents or sub-contractors, or for fraud.
Article 11: Cancellations and Returns
The Customer may not cancel orders once accepted by Chaser. Chaser may, at its discretion and in writing, allow an order to be cancelled subject to Chaser recovering from the Customer the costs incurred by Chaser. In the event of cancellation of part of any order only, Chaser may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
This returns policy excludes non-catalogue products, and specially manufactured products. Chaser accepts no responsibility for any loss of or damage to products in transit from Customer to Chaser or for any items received by Chaser with them."
Article 12: Force Majeure
A force majeure event is any event beyond the reasonable control of Chaser (including strikes, traffic congestion, the downtime of any external line, or Chaser's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Chaser is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Chaser shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, Chaser may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
Article 13: Law and Jurisdiction
The contract between Chaser and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with Dutch Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in the Netherlands, but Chaser may enforce the contract in any court of competent jurisdiction.