HOLSTA OFFICE LIMITED (also trading as The Holsta Group)

RETURNS and LIABILITY POLICY

 RETURNS

(a) The Seller has no obligation to accept return of goods supplied and to credit the Buyer’s account in full save in the following circumstances:

(i) goods have been damaged in transit; or
(ii) goods are subject to a bona fide complaint in respect of the quality of the goods made pursuant to Clause ‘Liability’ below.

(b) Any return pursuant to Clause ‘Law’ below shall be made within 21 days of receipt and such goods shall be returned in unmarked packaging and in an immediately saleable condition. The Seller shall only be liable to credit 85% of the invoiced value of goods returned which do not conform with the requirements of this sub-clause.

(c) Any request for the return of goods under this Clause shall be made by the Buyer to Holsta Office sales office within 3 days of delivery. The sales office will provide the Buyer with a Collection Note. Returns shall only be accepted if they are accompanied by the Supplier’s Collection Note.

(d) The Supplier may, at its absolute discretion, elect to provide by post or any other means, any missing or faulty components or fixings for goods in lieu of accepting a return.

(e) In no circumstances will the Supplier accept a return of any items Code Black within its Main Stationery or Selections Catalogue.

(f) The Supplier will not supply goods to the Buyer on an “on approval” basis. The Supplier may, in its absolute discretion, accept a return of goods ordered by the Buyer but which are not required by the Buyer for reasons other than those set out in sub-clause (a) above, but will only be required to credit 85% of the invoiced value of such goods to the Buyer’s account.

LIABILITY

(a) The Seller shall be under no liability:-

(i) in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
(ii) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working condition, failure to follow the Seller’s or manufacturer’s instructions (whether oral or in writing), misuse or alteration without the Seller’s approval;
(iii) under any warranty, condition or guarantee, or any duty at common law, if the total price for the Goods has not been paid by the due date for payment.
(v) by any oral warranty or representation given or made on its behalf unless confirmed in writing.
(v) in respect of any data corruption or other damage to or loss of computer software or hardware arising from the use of any computer media goods supplied hereunder by the Seller in conjunction with any such software or hardware. It is the responsibility of the Buyer to ensure that it or the ultimate end-user of the goods take all necessary precautions
(including, but without limitation, testing the goods on up-to-date anti-virus software) when used in conjunction with any computer software or hardware.

(b) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), provided a complaint is made in writing within 3 days after delivery and goods returned within one month. The Seller shall have no further liability to the Buyer.

(c) Subject as expressly provided in these Conditions (and specifically without prejudice to (b) above), and except where the Goods are sold to a person dealing 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 law.

(d) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, of any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential or indirect loss or damage, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions. Non-exhaustive illustrations of consequential or indirect loss include:

(i) loss of profit,
(ii) loss of contracts,
(iii) damage to the Buyer’s property or property of another person or body.
(iv) personal injury or death to the Buyer or any other person other than that caused by the Seller’s negligence.

LAW
Any agreement incorporating these Conditions shall be governed by English law.