TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS OF SALE The following terms and conditions apply to all transactions with Pea Soup Limited. By placing an order with us you indicate your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. General These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions. Description of Goods All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available upon request. Colours or case design may be subject to change without notice. List Prices Wherever quoted, the list prices are like-for-like from the authorised product manufacturers or distributors in the UK if the item is bought via the internet or mail order and delivered to your address. The pricing information has either been made accessible by suppliers, manufacturers, retailers, publications, or been gathered from public-domain sources. However, we cannot guarantee the reliability and accuracy of the information published. All the actions taken by the user are the responsibility of the individual. Accuracy of Product Information All product specifications, images and other information published on our website have either been made accessible by suppliers, manufacturers, publications, publicists, or been gathered from public-domain sources. The intention of Pea Soup Ltd. is that all information on the website should be as accurate and up to date as possible. However, Pea Soup Ltd. cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. Payment and Price The total price payable for the goods will be stipulated at the time when you place your order whether or not the order has been confirmed. We will confirm if any adjustments need to be made to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order. Cost of European Certificates of Origin, Dangerous Goods Notes, test certification and other documentation and paperwork for exportation of goods ordered are NOT included in the price on the website and will be quoted separately on formal quotes or proformas before your order is confirmed or processed. We reserve the right to request payment for orders by bank funds transfer instead of payment by credit or debit card for any reason. The prices on our website exclude UK VAT at 17.5%. Residents in EC countries outside the UK who do not have a VAT registration number pay VAT at the UK rate of 17.5%. VAT registered customers outside the UK but within the EC would not be charged VAT, but they must provide evidence their VAT number. Residents in Non-EC countries e.g. America, Asia, Africa, etc. will NOT be charged VAT at all, so the price you see on the website is the price you would pay (excluding delivery). Account payers must pay within 30 days of the invoice date. We reserve the right to charge interest on overdue accounts of 3% per month and to cancel credit facilities. Cheques which are returned by our bank are charged at £19.50. Any discounts given are only granted against an agreement to honour our payment terms and will be withdrawn in the event of late payment. Special Offers Special offers are available for a limited time only, as stipulated on the product information page. If the offer is a discount of a fixed amount on your order, this discount will be applied before your credit card is processed. PLEASE NOTE: THE DISCOUNT WILL NOT APPEAR IN YOUR SHOPPING CART. THE ACTUAL AMOUNT THAT YOUR CARD WILL BE CHARGED WILL REFLECT THE DISCOUNT. If the offer is a free item such as fluid, please specify the fluid type in the shopping cart. If no preferred mix is specified, a mix chosen by Pea Soup Ltd. will be offered. The fluid supplied as a free item is non-returnable and non-refundable and cannot be exchanged for another mix. 'Free item' offers are only applicable to orders for UK mainland delivery. Offers are only valid when ordering online for the specific product with an offer, unless otherwise stated. In offers where free items are provided, should the buyer return the main item, the free item must also be returned. Typographical Errors In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account to the value of the incorrect price. Payment Methods We accept Visa, Mastercard, Switch, Solo, Maestro, Visa Electron, Visa Delta, Eurocard and JCB cards. On the order you must provide us with your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your credit card has been properly received. You may also pay by cheque or postal order although we cannot dispatch the goods until payment has been cleared which can take up to 10 working days. We reserve the right to refuse to process card payments as an option and to request bank transfer as an alternative method of payment. Availability of Goods All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods. Delivery Charges Delivery to most GB Mainland addresses for online orders only is £10.00. Northern Ireland (BT), Isle of Man (IM), Scottish Highlands and Orkney Isles (PA, ML, EH, KA, G, KY, PH, DD, AB, IV, KW), Outer Hebrides and the Shetland Isles (HS, ZE) will incur additional charges (please e-mail us for a quotation) and may also experience delivery delays. If you require next day, next day AM or Saturday AM delivery for your order, please call us to confirm delivery price. The £10 GB mainland delivery charge applied to orders placed online is the 'best guess' figure and is the price you will pay for delivery of your order. From the customer's perspective this charge can cover one container of 5 litres of fluid or a large palletised consignment of two very large heavy fog machines and boxes of fluid weighing over 200kg. If you place your order through a purchase order or request a quotation, we must quote the actual cost of delivery that we are charged by our courier for the delivery of the items. This cost may be more than £10. Delivery price is ex. VAT. Export customers (outside the UK) may arrange collection of their order by prior agreement. It will be the customer's responsibility to book the collection of the consignment with the courier company. If delivery is attempted and there is no answer For mainland GB deliveries, if your order has been attempted to be delivered and you have not answered, we reserve the right to charge for re-delivery if you request it from the courier. If you collect from the courier depot, there is no charge. Delivery Times Delivery of products will normally be made within 24 - 48 hours from clearance of payment, but it can sometimes be 1 - 5 days. We would inform you if this was the case. We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If we or our suppliers are temporarily out of stock, we will notify you of this position and you should allow up to 14 days for dispatch of the goods. For delays of more than 14 days, you will have the right to cancel the order and we will refund any money paid by you for the goods. Order early to avoid disappointment. Risk As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery. Time Limitation for Notification of Claims Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 3 days from delivery. Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 3 days from delivery. Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 3 days from the expected delivery date. If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an administration fee of 15% of the price of the goods along with the cost of carriage will be charged to you. Product Warranty All products supplied are covered by the terms and conditions of the Manufacturer's Guarantee for a period of 12 months (unless period is longer, as specified with the machine's supplied documentation). This guarantee specifically excludes faults caused by accident, neglect, and misuse. In addition routine maintenance (cleaning of nozzle, casing, cleaning cycle pump, heating block, etc.), consumables (plug, fuses, cables, etc.), cosmetic damage is not covered. Products are carefully tested and inspected at the manufacturer and are warranted to be free of material and workmanship defects when shipped. Any equipment which is proven defective in material or workmanship will be repaired or replaced at our discretion upon written authorisation, according to the terms of the manufacturer. We will not assume any responsibility for labour expended or materials used to replace and/or repair equipment without our prior written authorisation. THE FULL COST OF THE SERVICE CALL WILL BE CHARGED TO YOUR CREDIT CARD ACCOUNT IF OUR ENGINEERS FIND NO MECHANICAL OR ELECTRICAL FAULT WITH YOUR PRODUCT. This does not affect any statutory rights that you may have. Use of smoke fluid other than that recommended by the manufacturer of your smoke machine will void the warranty and could cause permanent damage. Safe smoke is your responsibility. Cancellation of Orders Returned Goods To return faulty items, it is your responsibility to return purchases in its original box and packaging. For full details of how to return please call our customer service department on 01642 355149. Goods can only be returned with prior authorisation. All non-faulty goods accepted for return should be in new, saleable condition, with boxes, packing materials and accessories intact. Please call for a return goods authorisation number (RGA). Any goods returned without authorisation will be refused. To request an RGA number, please provide the following information: reason for return, invoice number, and your customer number. Once you obtain an RGA, shipment should be made immediately. The RGA will become void if merchandise is not received 30 days after issuance. You will be wholly responsible for the cost of return delivery and safe return of the goods. Subject to claim validly and correctly notified in accordance with the Time Limitation for Notification of Claim paragraph of these terms, goods received back incomplete or in a damaged or used condition will either be returned to you and the cost of delivery charged to your account or we reserve the right to levy a surcharge on such returned goods at a minimum 15% of the invoice price. If you do not return goods within 7 days after you have informed us that the items are faulty, we reserve the right to arrange collection of the item from you and to charge you for such collection. We recommend returning items using a courier such as Fast Lane International or insured parcel post. To discourage customers purchasing machines for an event and returning them for a refund, machines that have been successfully operated cannot be returned or exchanged. All returns are subject to a 15% minimum restocking charge, plus any cost of reconditioning which, in our judgment, is deemed necessary. For safety reasons, fluid cartons that have been opened cannot be returned. Under the new distance selling regulations consumers (not companies or businesses) are entitled to cancel this contract with Pea Soup Ltd. within 7 working days after receipt of goods and receive a full refund. This law assumes that the goods have not been used and are in pristine condition. Original outbound delivery charges cannot be refunded. We will only refund return carriage costs if the Goods are deemed to be faulty and a receipt of carriage is included with the returned Goods. Other You will own the goods once we have received your payment in full. We do not offer any credit facilities. We will issue you with an electronic invoice once we have dispatched the goods to you. If you pay by credit or debit card we will send a receipt for your records separately. Copies are available as PDF by request. For hire terms & conditions, please see separate hire agreement terms document, available upon request. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you. Contact us before returning items to be serviced, as our main sales office address does not deal with returns. We recommend that you get your machine serviced by the manufacturer or recommended service companies, and that you use the manufacturer's recommended fluid for your machine. Your warranty will be void if you use any other type of fluid in your machine other than that recommended by the manufacturer in the instruction manual. See machine's instruction manual for more details. Prices are shown only as a guide and are subject to change without notice. Safety Disclaimer Any person using equipment or materials listed herein, or sold by Pea Soup Ltd, is personally responsible for obtaining expert instruction and for learning the proper techniques for their use, assumes all risk, and accepts complete responsibility for any and all loss, damages and injuries of any kind. This online product catalogue provides only basic suggestive instruction and is not a substitute for personal instruction by qualified persons well versed in all appropriate safety techniques and methods. Manufacturers are happy to offer guidance with operation that may not be covered in accompanying documentation. All information contained in this website pertaining to equipment or materials or their use is provided solely to assist the viewer in making purchasing decisions. All products should be used in accordance with all applicable laws, codes and regulations. Consequential Loss Pea Soup shall not be liable for any consequential loss or damage suffered by the Purchaser howsoever caused, including loss due to delay, loss of production, loss of profits, loss or damage to other property or goods and death or injury to persons. Pea Soup Ltd 3 Thornwood Ave Lowfields Village Ingleby Barwick TS17 0RS England

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