Terms and Conditions

1. Contract Conditions
The contract between DUOTOOL LTD and thier customer is governed by these conditions which are incorporated into every contract for the sale of goods between DUOTOOL LTD and the customer unless varied in writing by DUOTOOL LTD. These conditions prevail over any standard conditions of the customer and, if not earlier accepted, delivery of goods to the customer shall be deemed to be acceptance of the conditions by the customer.

2. Price
(a) In addition to any price agreed for the goods, the customer shall pay Value Added Tax, if applicable, at the rate from time to time in force.
(b) The price agreed is based on the rates existing at the time of agreement of supply of goods to DUOTOOL LTD. The price may be varied by DUOTOOL LTD if there is any alteration in these rates.
(c) The customer shall pay for goods, including carriage and delivery at the time of order.

3. Delivery
(a) Delivery, within mainland UK will be free on all orders of a minimum net value of £75 or other figure subsequently advised to you. DUOTOOL LTD reserve the right to charge for carriage on all orders below that value and on all orders for delivery outside mainland UK.
(b) No claims for shortage or damage will be allowed unless DUOTOOL LTD are advised, in writing, within three days of delivery. No claim for non-delivery will be allowed unless DUOTOOL LTD are advised in writing within three days of invoice date.
(c) Goods correctly supplied may not be returned without the written agreement of DUOTOOL LTD. Goods so returned must be consigned “Carriage Paid” and accompanied by a packing note stating the goods and invoice number of original supply. Any goods supplied to special requirements will not be credited under any circumstances and in all instances a re-stocking charge may be imposed.

4. Termination
Without prejudice to antecedent rights or liaberalities a contract with the customer may be terminated if,
(a) The customer shall be or become practically or apparently insolvent or shall have a receiver, administrator or manager of its assets appointed or shall have a liquidator, including a provisional or interim liquidator, appointed, or shall be sequestrated or shall enter into an agreement with its creditors;
(b) The customer shall be in breach of these conditions or of the obligations of a buyer under the Sale of Goods Act 1979 as that Act may be amended or replaced from time to time.
Notwithstanding termination of a contract these conditions shall continue to apply.

5. Force Majeure
Neither DUOTOOL LTD nor the customer shall be liable for any failure to fulfil these conditions or the term of any contract if fulfilment is delayed, hindered or prevented by strikes, walk-outs or labour disputes of any kind, acts of God, war, riot or civil disturbance. This clause does not apply to the obligation of the customer to make payment of any sums to DUOTOOL LTD.

6. Fitness for Purpose
(a) In contracts other than consumer contracts the goods supplied are reasonably fit for the purpose for which such goods are commonly supplied and for no other purpose.
(b) In this clause “consumer contracts” has the same meaning as in the Unfair Contract Terms Act 1977 S.25 as that section may be amended or replaced from time to time.

7. Limitation and Exclusion of Liability
(a) The Liability of DUOTOOL LTD for breach of contract is limited to three times the prices of the goods supplied under the contract of £250,000 whichever is the lesser.
(b) The liability of DUOTOOL LTD for delict or any common law or statutory duty, including negligence, is limited to three times the price of the goods supplied under the contract or £250,000, whichever is the lesser.
(c) Because the circumstances of the customer are not fully known DUOTOOL LTD exclude all liability for loss of contracts or loss of profit which the customer may suffer as a result of breach of contract, delict (including negligence) or breach of any common law or statutory duty by DUOTOOL LTD.
(d) This clause does not apply in so far as breach of duty causes death or personal injury.
(e) For the purposes of the clause,
     (i) “DUOTOOL LTD” includes DUOTOOL LTD and any parent, subsidiary or associated company and thier respective employees and agents.
     (ii) “Breach of duty” has the meaning given to it in the Unfair Contract Terms Act 1977 as that Act may be amended or replaced from time to time.

8. Passing or Property and Risk
(a) Property in goods shall pass from DUOTOOL LTD to the customer only when the price of the goods has been paid by the customer to DUOTOOL LTD. Nevertheless risk shall pass to the customer on delivery of the goods to the customer.
(b) The customer hereby assigns to DUOTOOL LTD any claim which the customer may have against a third party for the price of goods owned by DUOTOOL LTD which are sold be the customer.
(c) At any time DUOTOOL LTD may reclaim the goods which belong to DUOTOOL LTD and may enter upon the customer premises or elsewhere for that purpose.

9. Assignation and Sub-contracting
(a) The customer may not assign any contract, or any part of it, or benefit under it, without the consent of DUOTOOL LTD.
(b) DUOTOOL LTD may sub-contract the supply, manufacture or delivery of any goods.

10. Warranty
No oral representation, undertaking or warranty purporting to be given on behalf of DUOTOOL LTD shall have the effect to vary these terms and conditions.

11. Prorogation of Jurisdiction
DUOTOOL LTD and the customer agree to prorogate the non-exclusive jurisdiction of the Court of Session.

12. Choice of Law
These conditions and any contract with customer shall be construed under and governed by the law of Scotland.

Health and Safety at Work Act
DUOTOOL LTD, as distributors, takes all possible steps to ensure the goods supplied to their customer are designed and constructed in such a way as to be safe without risk to health when properly used and that adequate information is available in connection with the use of the goods at work.
As part of DUOTOOL’s service to their customers, product literature is available free of charge which sets out the specification of products supplied and precautions which should be observed whilst using the products.
The customer should be satisfied that the person(s) responsible for the use of the products supplied by DUOTOOL LTD have all the information required for the safe use of these products.