Terms and Conditions of Trading

By placing an order with Delta-P Ltd, it is deemed that you agree to the following terms and conditions.
 
1. Definitions
“Seller” means Delta-P Ltd, whose company number is: 12205306
“Buyer” means the person or company who accepts the seller’s quotation for the sale of goods or whose order for the goods is accepted by the seller;

"Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
“Goods” means the goods (including any instalment of the goods or any parts of them), which the seller is to supply in accordance with these terms;
“Order” means the buyer’s acceptance of the sellers quotation for the goods or the order placed by the buyer for the goods whether by means of individual quotation, any published seller’s catalogue or website;
“Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the seller and the buyer;
These terms govern the sale of the goods sold by Delta-P Ltd to the buyer named on the order provided on the Delta-P Ltd website, catalogue, quotation or other order form via fax or post provided by Delta-P Ltd and where the goods are supplied as a result of the buyer’s acceptance of the quotation.  The completed order form, together with the terms constitute the entire and only agreement between the parties in relation to the sale of goods and comprises a legally binding contract between the parties.
 
2. Pricing and Payment
2.1 Where the buyer places an order on Delta-P Ltd website, the price payable for the goods will be detailed on the website at the time the seller accepts the order.
2.2 Payment can be made by debit card, credit card or through PayPal on the Delta-P Ltd website (all data is securely encrypted) or via telephone.  Cheques will also be accepted but goods will not be released until all funds are cleared.  On credit card / debit card payment via the Delta-P Ltd website, the data is entered a third-party screen and therefore no credit card or debit card details are held by Delta-P Ltd.  PayPal payments are made via third party PayPal software.  Delta-P Ltd does not have detailed access to the buyers PayPal account and therefore Delta-P Ltd will deliver to any address entered on the Delta-P Ltd website and not any address held by PayPal. Delta-P Ltd cannot be held liable for any losses where the address detailed on the Delta-P Ltd website is not the required delivery address.
2.3 Delta-P Ltd generally sells to trade and therefore all our prices are net and exclude VAT.  VAT at the current rate will be added at checkout stage, (currently 20%).  VAT will be charged to all EEC destinations but will subsequently be refunded if the buyer contacts Delta-P Ltd with a valid VAT number.  All orders made outside the EEC destinations are sold VAT free; it is the buyer’s responsibility to pay any local VAT or duty charges.
2.4 All prices quoted exclude delivery charges, which are detailed in Section 3. below and any insurance required unless otherwise agreed in writing between parties.
2.5 The buyer may place an order following a written quotation from Delta-P Ltd and the prices of the goods will be detailed in the said quotation.
2.6 If the buyer accepts the seller’s quotation, then the prices contained therein are only valid for 30 days from the date of quotation.  If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained prior to placing an order.
2.7 Delta-P Ltd must receive payment for website transactions for the total price of the goods and any applicable charges for VAT, carriage and insurance, before the order can be delivered unless otherwise agreed in writing.
2.8 Delta-P Ltd does not offer credit accounts, but in the event that goods are invoiced, the buyer shall pay all sums due to Delta-P Ltd within 14 days of the date of invoice.  If the buyer fails to make payment in full on the due date then without prejudice to any other right or remedy, Delta-P Ltd shall be entitled to cancel the contract and / or suspend any further deliveries, and / or charge the buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment due, with interest accruing on a daily basis.
2.9 Where palletised deliveries are requested, or necessary, pallets may be charged extra.
2.10 Delta-P Ltd reserve the right to investigate that a payment is bona fide prior to shipping.
2.11 Delta-P Ltd reserves the right to change prices without prior warning.  If a pricing error occurs, Delta-P Ltd will notify the buyer and the buyer will be given the option to either reconfirm the order at the correct price or cancel it.
 
3. Delivery and title
3.1 All delivery times quoted are estimates only and Delta-P Ltd  shall not be liable for any delay in delivery of the goods howsoever caused.   This includes any consequential losses. Therefore, please allow ample time for any unforeseen delays.  Delta-P Ltd rely on third party delivery companies such as DPD, Hermes and Royal Mail and as such Delta-P Ltd cannot be held liable for any failings on their part.
3.2 Delta-P Ltd may decline to deliver if Delta-P Ltd believe that it would be unsafe, unlawful or unreasonably difficult to do so, or the premises (or access to them) are unsuitable for any Delta-P Ltd vehicles or those vehicles of agents employed by Delta-P Ltd to carry out delivery.
3.3 Delivery of the goods shall be made by Delta-P Ltd (or through an authorised agent) to the address of the buyer as stipulated on the order.
3.4 If the buyer fails to take delivery of the goods then without limiting any other right or remedy available to the seller, Delta-P Ltd may store the goods until actual delivery and charge the buyer for reasonable costs (including insurance) of storage.

3.5 Although risk in Goods shall pass to the Customer, the property in the Goods shall not then pass to the Customer but shall remain in the property of Delta-P Ltd until the Customer has paid to Delta-P Ltd all sums owing or due to Delta-P Ltd on any account whatsoever and has duly performed or observed all obligations of whatsoever kind on his part to be performed or observed under this or any other contract made with Delta-P Ltd provided that always that the Customer shall indemnify Delta-P Ltd against all claims, demands, damages, penalties, costs, expenses or liabilities arising out of or in connection with Delta-P Ltd.’s continued ownership of the Goods.

3.6 Whilst the Goods remain the property of Delta-P Ltd, Delta-P Ltd may retake possession of them at any time without notice to the Customer and for this purpose Delta-P Ltd may be its servants or agents enter upon any land or premises where it believes the Goods may be.  

3.7 The Customer may sell the Goods and deliver them to the purchaser thereof provide that the Customer does so in the ordinary course of its business. Notwithstanding any agreement or provision for the granting of credit by Delta-P Ltd to the Customer, the Customer shall account to Delta-P Ltd for the proceeds of such sale, and pending such accounting shall hold such proceeds of sale as fiduciary for Delta-P Ltd. If Delta-P Ltd so requires, the Customer will assign any debt due from such purchaser to Delta-P Ltd.

 
4. Availability
4.1 Delta-P Ltd will endeavour to hold sufficient stock to meet all orders, however if there is insufficient stock to supply or deliver the goods already paid for by the buyer, Delta-P Ltd shall, at its discretion, supply or deliver a substituted product, or refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days.  Delta-P Ltd will notify the buyer of any stock shortages and where possible, the seller will be given the option to request a backorder and Delta-P Ltd will provide the buyer with approximate timescales of backorder delivery.
4.2 Where products are customised for the buyer, Delta-P Ltd shall be entitled to vary the quantity of the customised products by plus or minus 10% of the total order, or as specified on any quotation provided.
4.3 Delta-P Ltd reserves the right to make, without notice any modifications in the specifications, designs or materials that Delta-P Ltd deem necessary or desirable.

5. Return of goods
It is recommended that you purchase a sample from Delta-P Ltd before placing a large wholesale order, so you can be assured of the quality of our products. This protects both you and us from unnecessary returns. If you wish to return goods, then please contact Delta-P Ltd for a Returns Form and enclose this with your returned order. It is advised that you use a carrier who provides proof of delivery for any returns made.  If you would like us to arrange collection, please contact the sales office on 01892 784898.  A courier charge will be applicable for this service.
5.1 The buyer shall be entitled to cancel the order for standard and stock products by giving Delta-P Ltd notice of cancellation within 7 working days of the date of collection or delivery.  Such notice may be given by mailing or emailing to the (email)address set out on the order form.
5.2 On cancellation the buyer shall return the goods to Delta-P Ltd at its own cost unless the goods are being returned because they are faulty, incorrect goods, or because of unsuitable substitution by Delta-P Ltd, in which case Delta-P Ltd will meet the cost of return subject to being able to nominate the carrier.
5.3 Where the buyer returns goods to Delta-P Ltd for reasons other than such goods being defective or faulty, Delta-P Ltd reserves the right to charge the buyer a 25% of the cost of Goods in respect of restocking the said goods.
5.4 The buyer is required to ensure that any goods being returned to the seller are safely and securely packaged in their original packaging and condition, to ensure that they are returned undamaged and suitable for re-sale.  Delta-P Ltd reserves the right to charge the buyer for any goods which it is unable to re-sell.  Refunds cannot be given if the fault is a result of your own actions such as product misuse.

 
6. Liability
6.1 A claim by the buyer which is based on any defect in the quality, quantity or condition of the goods shall be notified to Delta-P Ltd in writing, within 30 days of the delivery of the defect or failure.  If delivery is not refused and the buyer does not notify Delta-P Ltd accordingly, the buyer shall have no right to reject the goods and Delta-P Ltd shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
6.2 Where the buyer does notify Delta-P Ltd that there is a valid claim in respect of any of the goods, Delta-P Ltd may replace or repair the goods or at its discretion refund to the buyer the price of the goods, in which case Delta-P Ltd shall have no further liability to the buyer.   The buyer will also allow Delta-P Ltd a fair chance to inspect the goods for any damages or defects. Delta-P Ltd shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms.  This does not affect the buyer’s statutory rights as a consumer, nor is it intended to exclude Delta-P Ltd.’s liability to the buyer.
6.3 Delta-P Ltd shall be under no liability in respect of any defect in the goods arising from any drawing or specification supplied by the buyer.  Neither shall Delta-P Ltd be liable for any errors in proofs approved by the buyer and Delta-P Ltd is not responsible for checking the accuracy of information supplied by the buyer in electronic form.
6.3a Delta-P Ltd shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the buyer or any other party, or damage caused by the incorrect installation, use, modification, storage or repair of the goods.
6.3b The buyer is responsible for ensuring that any substance of a volatile nature is not likely to be affected by any material used in the manufacture of the goods.  Delta-P Ltd are not liable if such a substance has been adversely affected, and the buyer will indemnify Delta-P Ltd and keep Delta-P Ltd indemnified from and against all third party claims that other substances have been adversely affected and caused third party loss, damage or expense.
6.4 Subject to clause 6.3 above the Delta-P Ltd warrants that the goods will be free from defects in material and workmanship for a period of 6 months from the date of delivery unless otherwise stated in writing.

7. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
 
8. General
8.1 English law is applicable to any contract made under these terms.  The English and Welsh courts have nonexclusive jurisdiction.
8.2 If any of these terms are unenforceable as drafted, it will not affect the enforce-ability of any of the other terms and if it would be enforceable as amended, it will be treated as so amended.
8.3 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
8.4 All catalogues, brochures and other promotional materials are to be treated as illustrative only.  Their contents form no part of any contract between Delta-P Ltd and the buyer and the buyer should not rely on them in entering any contract with Delta-P Ltd.
8.6 Delta-P Ltd has not reviewed all sites linked to its Internet site and is not responsible for any contents of any such linked site.  The inclusion of any link does not reflect any endorsement by Delta-P Ltd of the site.  Use of any such linked web site is at the users own risk.
8.7 The materials appearing on Delta-P Ltd.’s website could include technical, typographical or photographic errors.  Delta-P Ltd does not warrant that any of the materials included in the website and associated literature including catalogues and brochures are accurate, complete or current.  Delta-P Ltd may make changes to the materials contained on its website at any time without notice.

Privacy Policy
Delta-P Ltd does not disclose buyer’s information to any third parties other than when the order details are processed as part of the order fulfilment. In this case the third party will not disclose any information to any other third party.
 

Cookies Policy

Cookies are used on Delta-P Ltd website where they are strictly necessary for the site functionality.  They are used to aid navigation and to keep the contents of any shopping cart.  Where a buyer logs in, the log in status is kept as a temporary cookie. Cookies can be turned off by blocking them in the browser privacy settings.  If cookies are turned off it will not be possible to place orders on the website or benefit from other features that use them.
 
Copyright
This website and all its contents are copyright protected. Any infringement will be pursued.

 

Delta-P Ltd aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. If you need to make changes then you will need to contact our Customer Service Team by phone on 01892 784898 to do so during our standard opening hours (which are 9.00am – 5.00pm GMT, Monday to Friday, except Public Holidays in England).  If your order has been dispatched, then no changes can be made.

 

9. Consequential Loss and Damages
9.1. Insofar as is permitted by law where Work is defective for any reason, including negligence, Delta-P Ltd.’s liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work. 

9.2. Where Delta-P Ltd performs its obligations to rectify defective Work under this condition Delta-P Ltd shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Work nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries. 

9.3. Defective Work must be returned to Delta-P Ltd before replacement or credits can be issued. If the subject Work is not available to Delta-P Ltd, Delta-P Ltd will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided. 

9.4. Delta-P Ltd shall not be liable for direct or indirect loss, consequential loss or third-party claims occasioned by delay in completing the work or for any loss to the Buyer arising from delay in transit, whether as a result of Delta-P Ltd.’s negligence or otherwise. 

9.5. Where Delta-P Ltd offers to replace defective Work the Buyer must accept such an offer unless the Buyer can show clear cause for refusing to do so. If the Buyer opts to have the work re-done by any third-party without reference to Delta-P Ltd, the Buyer automatically revokes the right to any remedy from Delta-P Ltd, including but not exclusively the right to a credit in respect of Work done by Delta-P Ltd. 

9.6. Where the Work will be forwarded by or on behalf of the Buyer to a third party for further processing the Buyer will be deemed to have inspected and approved the Work prior to forwarding and Delta-P Ltd accepts no liability for claims arising subsequent to the third party’s processing. 

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10. Order Acceptance 

From time to time, we may reject an order for the following reasons:

1. If, unfortunately, we do not have your chosen product in stock

2. Where we cannot obtain authorisation for your payment

3. If there has been a relevant pricing or product description error

4. If your order otherwise breaches any of the requirements of these Terms

5. We suspect that the order has been placed fraudulently

6. It appears that the order mistakenly duplicates another order

7. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

8. Note that we may bar or prevent an individual account, user, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.

 

If you do not agree to these Terms, you must not use this website.

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You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Delta-P Ltd Website or App, or anything done while your Account is logged into the Delta-P Ltd Website or App.

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