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LODESTAR-DELTA LTD T/A SIROCCO - Terms and Conditions of Sales

1.0    Definitions
In these Terms and Conditions the following words shall have attributed to them the meanings specified

1.1    ‘Goods’ shall mean all goods and services which the Customer agrees to buy from Sirocco
1.2    ‘Sirocco’ shall mean Lodestar-Delta Ltd whose principal place of business is Unit 10. New Plough Yard, Victoria St, Gt Harwood, Lancs, BB6 7AX and registered office is 2A Mersey Rd, Stockport, SK4 3DE, company registered number 03400188
1.3    ‘Contract’ shall mean the Contract between Sirocco and the Customer for the sale of Goods by Sirocco to the Customer
1.4    ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer, Trade Customer or Credit Customer
1.5    ‘Catalogue’ shall mean any published promotional material produced by Sirocco
1.6    ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) regulations 2000 or any statutory modification thereof
1.7    ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer
1.8    Wholesale customer shall mean a customer that buys goods for the purpose of resealing to another business.
1.9    ‘Credit Customer’ shall mean a Trade Customer to whom Sirocco allows credit in respect of Goods purchased or agreed to be purchases
1.10    ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays
1.11    ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with Sirocco or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.

2.0    General
2.1    All orders for Goods are accepted by Sirocco subject to these terms and conditions of sale which supersede any other terms and conditions previously published.  These constitute the entire understanding between Sirocco and the Customer for the sale of Goods
2.2    All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are intended as guidance only and illustrations and descriptions my vary.
Sirocco will use its best endeavours to ensure that all descriptions and advice offered are correct, but it is the customers own responsibility to ensure that the requirements and expectations and use of the product in the way intended by the Customer are relevant to the information then offered by Sirocco on Sirocco products
2.3    Any Catalogue published by Sirocco is an invitation to treat and not an offer to supply
2.4    Any advice or recommendation given by Sirocco or its employees or agents to the Customer dealing as a Trade Customer as to the storage application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk.

3.0    Prices                                
3.1    All prices for the Goods are in the currency stated and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Sirocco
3.2    Whilst every endeavour will be made to maintain the prices in the catalogue Sirocco reserves the right to alter prices at any time
3.3    Any change in price will be communicated to the customer at the time of order

4.0    Orders (placing, returns and cancelling)
4.1    Where possible orders should be made using Sirocco order codes and a Customer number
4.2    Written confirmation is not required for a telephone order, but if the Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery.  Any resulting duplication of delivery shall be the responsibility of the Customer
4.3    Trade customer orders submitted by fax or post should use one of Sirocco’s official order forms, for which subject to condition 6 hereof there may be an additional mail order handing charge.
4.4    Sirocco reserves the right to deliver part orders, or hold orders until all items are available, as required.  Credit cards are only charged when Goods are processed or despatched for delivery or collected from Sirocco the only exception being when Sirocco has been requested to build goods to special order.
4.5    If the Customer is buying as a Consumer the Goods may be returned with 7 working days of delivery for a refund there will be a min 20% charge for restocking any special order item will not be accepted for return or refund and sale of these items are final and not refundable.  To cancel an order, the Customer must contact Sirocco prior to the goods being despatched or if the product is being specifically made for the customer it must be prior to manufacturing commencing for this product.  In all cases the invoice number relevant to the goods being returned must be quoted.  Sirocco will refund in full to the Customer the invoice value of the Goods.  The Customer shall be liable for the postage costs to return the Goods to Sirocco, no refund will be issued until the goods have been received and they are in condition fit for resale.  The Customer must take reasonable care of the Goods and return them in the original packaging and suitably protected to ensure safe delivery to Sirocco.  The paragraph shall not apply to 16.1 of these terms and conditions
4.6    When dealing as a Trade Customer authorisation for the return of goods must be obtained from the Customer Service Department by telephone. In the event of the Trade Customer cancelling part of an order Sirocco reserves the right to charge the Trade Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.
4.7    When dealing with a wholesale customer orders will be acknowledged by Sirocco, the customer will have 7 days to cancel, after this period the order will be final and cancellation will not be accepted.
4.8    Sirocco reserves the right to decline to trade with any person or organisation in addition, and notwithstanding any other provisions of these conditions of sale.  Sirocco may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Sirocco of an order.  In the event that Sirocco declines to accept an order in respect of which payment has been received, the full amount of such payment will be returned.

5.0    Credit Account Orders
5.1    Telephone orders to be charged to a Credit Account held by a Trade Customer with Sirocco will only be accepted with an official purchase order
5.2    Trade Customers wishing to purchase Goods on account at Sirocco will be required to provide a written purchase order containing the Sirocco trade account number.  This procedure is also required when a ‘call to collect’ product reservation is made
5.3    Such reserved products most be collected with 5 working days from the notification of goods arriving, failing to do Sirocco will charge the Customer a restocking fee

6.0    Delivery and posting and Packing charge
Delivery is chargeable unless stated by Sirocco at the time of order.

7.0        Payments
7.1    Payment shall be made by the Customer for all monies owed to Sirocco in respect of orders placed for Goods
7.2    Payment shall be made at the time that the order is placed.  Payment may be made by, and is acceptable by, cash, cheque or major credit and debit cards (Switch, MasterCard, Visa)  Cheques
7.3    Credit terms are available to Trade Customers and wholesalers on request and subject to status, satisfactory references and acceptable trading history with Sirocco.  Payment is due by the 30th day from date of invoice, unless different terms are agreed by Sirocco in writing. Time is of the essence for payment.  If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Sirocco, Sirocco shall be entitled to
i)    Cancel the order and suspend further deliveries of Goods
ii)    Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Sirocco may think fit
iii)    Charge an administration fee for any legal or other collection processes required to recover all monies due
iv)    Charge interest on the unpaid amount form the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998

8.0        Ownership and Risk
8.1    The risk of damage to or loss of Goods ordered from Sirocco will pass to the Customer when the goods are delivered
8.2    Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply to any Consumer
8.3    Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as ballee to Sirocco. The Customer shall store the Goods (at no cost to Sirocco) separately from all other Goods in its possession and marked in such a way that they are clearly identified at Sirocco property.  Notwithstanding that the Goods (or any part of them) remain the property of Sirocco the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of Sirocco.  Any such sale or dealing shall be a sales or use of Sirocco property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings.  Until property of the Goods passes from Sirocco the entire proceeds of sale or otherwise of the Goods shall be held in trust for Sirocco and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Sirocco money.  Sirocco shall be entitled to recover the price of the Goods (including VAT and all other monies due to Sirocco from the Customer) notwithstanding that property in any of the Goods has not passed from Sirocco
8.4    Until such time as the property in the Goods passes from Sirocco, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Sirocco.  If the Customer fails to return Goods, Sirocco may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the goods.  On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease
8.5    The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Sirocco.  Without prejudice to the other rights of Sirocco, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable
8.6    The customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of Sirocco until the date that property in the Goods passes from Sirocco and shall, whenever, requested by Sirocco, produce a copy of the policy of insurance and evidence of payment of premium.  Without prejudice to the other rights of Sirocco, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to Sirocco shall forthwith become due and payable

9.00    Delivery
9.1    Delivery is indicated on acknowledgment of order an exact date can not be given as to when goods will be received only despatched.
9.2    Delivery will normally only be made to wholesale or trade Customer’s registered address unless notified to Sirocco in writing beforehand

10.0    First Class Post
Orders under 2 kg will be despatched where reasonably practicable by first class post.

11.0    Courier Delivery
11.1    Parcel Courier Service - All items over 2 kg will be despatched by Sirocco by courier.


12.0    Guaranteed Next Day Delivery
Weekdays before 10.30 am and Saturday 12.00 noon
Sirocco offers a guaranteed delivery service for vital consignments.  All orders for guaranteed deliveries  will be subject to extra charges.  Details of the charges are available from Sirocco prior to the placing of any order and will be informed if this service is available for the items ordered.

13.0    Export
13.1    Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch
13.2    The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority

14.0    Transit Delays and Non – Delivery
14.1    The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 5 days of such delivery or receipt give notice to the Customer Service Department of Sirocco of any damage or defect in the Goods in writing.
14.2    Queries regarding shortages of Goods must be made within 5 days of delivery date and must be accompanied by the despatch note.  Queries regarding Goods invoiced but not delivered must be made to the Customer Service Department of Sirocco within 5 days of invoice date the invoice number must be quoted
14.3    If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any damage or defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly
14.4    SHOULD THE CUSTOMER DECIDE TO ACCEPT A DELIVERY TO THEM IN A DAMAGED CONDITION THEY MUST ENDORSE THE CARRIERS DELIVERY DOCUMENTATION
14.5    Sirocco shall not be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery

15.0    Order Cancellations
15.1    In the event of cancellation of part of an order by the Customer Sirocco reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge.  Orders where goods have been specifically ordered for Customer requirements (schedule and non-stock items) cannot be cancelled

16.0    Warranty and Returns
16.1    Sirocco offers a 14 day money back policy.  To return a product the Customer should

  • Return the product to Sirocco
  • Follow the returns instructions on the delivery paperwork or
  • Email Sirocco at adminuk@siroccofire.pl or
  • Telephone Customer Service on 08432 89 0102 or
  • Write to Sirocco at the address in Condition 1.2

A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging.  The internal documentation should include proof of purchase, the returned product must be complete and in ‘as new’ condition with original packaging.  Certain product categories, by their nature are exempt from the 14 day return policy; these would include for example consumables.  
Sirocco will not accept the return of Goods under the 14 day policy any Goods that have had a manufacturers or suppliers warranty or registration invoked.  Sirocco will deem such registration by the customer as acceptance of the Goods.
Sirocco must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis.
The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned.  The Customer must provide to Sirocco proof of despatch to Sirocco.
In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed.
16.2    Any defects in the Goods which under proper use appear within a period of twelve months (or as may be otherwise previously stated by Sirocco) after delivery and which are due to faulty materials, workmanship or design will be made good by Sirocco either by repair or. At the sole discretion of Sirocco, Where Goods are returned to Sirocco after the expiry of the 14 day money back period but within a reasonable period Sirocco reserves the right to levy a handling charge.  A charge of 20% of the invoice value of the Goods returned with a minimum charge of £10 will be levied on Goods which are not defective.  The Customer must bear all the costs of returning any Goods to Sirocco and provide proof of delivery
16.3    All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall effect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Sirocco.
16.4    The warranty period is twelve months from the date of purchase (unless otherwise stated) if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by Sirocco in writing
16.5    Conditions 16.1 to 16.7 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof

17.0    General Descriptive Matter
17.1    Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained the broachers or any price list or advertising material or otherwise communicated to the Customer are intended merely to present general information of the Goods.  Descriptions and illustrations may very
17.2    If the description of any Goods which are not directly manufactured by Sirocco contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Sirocco.  The updated and complete manufacturer’s description is available from Sirocco on request before any order is placed
17.3    In the event of any material change to any description of goods since the date of publication of the last catalogue by Sirocco, Sirocco will advise the customer of the revised description prior to any order being accepted by Sirocco
17.4    Sirocco reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability

18.0    Product Performance
The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as Sirocco have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purpose.

19.0    Country of Origin
Goods listed in any Sirocco Catalogue may originate from a Non-EU source.  Any published information by Sirocco as to the country of origin of Goods is an indicator only of the source of supply to Sirocco and does not constitute a warranty or representation

20.0    Copyrights, Patents, Intellectual Property & information
20.1    Goods referred to in any Sirocco Catalogue, correspondence or invoice may be subject to a patent trade mark, registered design, copyright, topography right or other right of third party.  Sirocco owns full copyright in respect of any Catalogue whether published in paper or electronic form.  The reproduction storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Sirocco.  Notwithstanding any other term of these conditions of sale, title in any of the Goods purchased is retained by Sirocco and will not pass the Customer.  
20.2    Where any designs or specifications have been supplied by the Customer to manufacture of Goods by Sirocco the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Sirocco against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications

21.0    Data Protection
21.1    By placing an order with Sirocco the Customer agrees to data relating to the transaction being retained and processed by Sirocco in accordance with the Data Protection Act 1998 or any statutory modification thereof.  The data so retained will be used by Sirocco for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer
22.2    Sirocco may send to the Customer details of other Goods and services offered by Sirocco that Sirocco may consider to be of interest to the Customer.  If the Customer does not wish to receive details of these offers then they should contact Sirocco either in writing or facsimile or                    by telephone as at the details shown at the top of this document requesting that data is removed from the marketing database
Sirocco subscribes to the data protection principles as laid down by the information Commissioner and all data is held securely
The Customer may, by writing to the Customer Service Department at Sirocco, request that all data relating to him, her or it should be deleted from its records.  Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by Sirocco
For Trade Customers Sirocco will also retain and process information in its capacity of a credit reference agency
Telephone calls and e-mails to Sirocco may be recorded or monitored for the purposes of security training and quality assurance

22.0    Limitation of Liability
22.1    The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to Sirocco
22.2    To the extent permitted by law, Sirocco accepts no liability whatsoever or howsoever arising in respect of loss, damage or expenses arising from errors in information or advice provided whether or not due to Sirocco’s negligence or that of its employees, agents or subcontractors save for any loss or damage arising from death or personal injury
22.3    To the extent permitted by law, Sirocco shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer
22.4    The entire liability of Sirocco under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions

23.0    Force Majeure
Sirocco shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Sirocco in relation the Goods provided that the delay or failure was due to any cause beyond reasonable control of Sirocco.  Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Sirocco, Action of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any  government, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Sirocco or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery

24.0    Law
All contracts between Sirocco and the Customer shall be governed by and interpreted in accordance with English Law and both Sirocco and the Customer submits to the exclusive jurisdiction of any competent Court in England

25.0    Consumer Protection
Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994

26.0    Insolvency
26.1    If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is present against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is present against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction with insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of Customer’s business or assets or if any petition for the appointment of any administrator is present against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately
26.2    Sirocco may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Customer and/or terminate any contract without liability upon its part, and/or exercise any of its rights pursuant to this Terms and Conditions
26.3

27.0    Headings
All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Sirocco and a Customer

28.0    Severance
Any provision of any contract with Sirocco which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract

29.0    Waiver
No waiver or forbearance by Sirocco (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its rights to do so in the future

30.0    Rights of Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Sirocco and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them

V 1/4/08