Terms

The products should not be used for purposes other than as described in this website, or as indicated on the product label.
The user of the products is responsible for compliance with relevant safety legislation in his/her working environment.
Information contained in this website is intended as a guide and is based on the current state of our knowledge. This information should not be construed as any guarantee of technical performance, or suitability for any particular applications. Full instructions for usage of our products is given on each product label and must be adhered to. As conditions and use of the products are outside our control we cannot be held responsible for any loss or damage to persons or property, or personal injury, howsoever caused, whilst using them. Purchase of these products is deemed as your understanding and agreement to these and the following Terms and Conditions of Sale.
All products should be stored, handled and used in accordance with good industrial hygiene practices and in conformity with legal regulations.
Copies of COSHH data not downloadable from this web site are available from our office.

Terms and conditions of sale
1. GENERAL All orders are accepted on the terms, conditions and exclusions contained herein. These terms, conditions and exclusions (either taken as a whole or in any part or individually) shall not be varied, nor shall their application to any order be excluded or limited in any way whatsoever, except as agreed by us in writing, all special requirements with regard to marking, labelling, packing etc. must be agreed in writing. Any additional work will be charged at our standard rates unless such work is included in a Contract. ‘the Company’ shall mean Excalibur Hygiene Limited and ‘the Buyer’ shall mean the other party in the offer, quotation or contract. Transactions are made at the discretion of the Company. Clerical errors and omissions are subject to correction without notice.

2. PRICING Prices quoted are those ruling at the date of despatch or as shown in our current price list, and shall be subject to revision if increases in cost or other circumstances arise. We reserve the right to change our current price list without notice. Prices quoted exclude Value Added Tax, Sales Taxes or any similar Taxes which will be charged additionally to the Buyer at the rate ruling on the date of despatch. If incorrect prices (or volume discounts) are displayed we reserve the right to refund the order and charge back out at the correct price if the customer wishes to continue with the purchase.

3. TERMS OF DELIVERY* (from Homepage)

Dates for delivery are given in good faith and as accurately as possible, but are not guaranteed. *For orders placed prior to the Christmas break which are required for delivery on or before 20th December, delivery is likewise not guaranteed. For 2023 the last day for despatch before Christmas is Wednesday 2oth December, cut off at 2.30pm. Any purchases made after this date will be dispatched on Tuesday 2nd January 2023*. We shall be under no liability whatsoever for any delay in performance of any order by reason or in consequence of force majeure or of any matter or thing outside our control including but not limited to labour troubles, civil commotion, natural catastrophe, government restriction, shortage of supplies or customer’s instructions or lack of instructions. We shall have the right to despatch any portion of the goods ordered and we shall be entitled to invoice the customer for such despatched portion so that for the purposes of payment each portion shall be deemed to be a separate contract and may be invoiced separately. Should the Buyer notify us of inability to receive or store goods ordered or should the Buyer fail to give us adequate delivery instructions when required or fail to collect goods sold ex-works, the goods will be stored at the Buyer’s risk and expense. Furthermore, if the Buyer fails to provide us with the correct delivery address and the goods are dispatched in good faith we will not be responsible for any onward shipping charges. In the event goods are returned to us we reserve the right to refund the Buyer for the product purchased, but not the delivery charge should one be incurred. We shall be entitled to supply the goods immediately upon receipt of the Buyer’s order or as soon thereafter as we think fit, irrespective of any date which may be specified for delivery thereof. b) Where the Buyer orders goods for delivery by instalments each delivery shall constitute a separate contract and the Buyer shall not be entitled to refuse to take delivery of or refuse to pay for any instalments on the grounds that a previous instalment was defective or otherwise. c) Unless we otherwise agree in writing our carriage terms are as quoted on confirmation of order. The cost of delivery of goods below any minimum value we may impose will be charged to the Buyer at our discretion.

4. PROPERTY IN GOODS Until the Company has been paid in full by the Buyer for goods supplied by the Company, such goods remain the property of the Company although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customer’s expense), and the Buyer shall indemnify the Company against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies, the Company may repossess those goods at any time from the Buyer, and for that purpose the Company, its agents and servants may enter any premises upon which the goods are situated. In the event of the Buyer reselling any goods delivered to it by the Company before the Company has been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by the Company shall be held by the Buyer on trust for the Company and shall be placed by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of the Company. Further, the fact that property in the goods remains the Company’s until the price has been paid in full shall not prevent the Company from maintaining an action against the Buyer for the price of the goods.

5. LOSS, DAMAGE, OR NON DELIVERY OF GOODS Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the carrier (if appropriate) as follows:- a) In the case of non-delivery of the whole of any consignment or of any separate packing forming part of consignment – within 3 days of the date of despatch shown on the invoice or advice note (whichever is the earlier). b) In the case of damage to or partial loss of the goods or shortages from packages – within three days of delivery. The goods received must have been signed for as damaged or incomplete. Failing which we shall not be liable in respect of any such claim and the goods shall be deemed to have been delivered in accordance with the contract complete and in a satisfactory condition. In no case shall the Company’s liability in respect of claims for damage to or loss of goods in transit extend beyond an obligation either to repair or replace free of charge any such goods or (the election to be the Company’s alone) to pay to the Buyer up to the invoice price of the goods in respect of which a claim is made, and in neither event shall the Company be liable for consequential loss, damage or expense howsoever arising.

6. RETURNS* (from Homepage): (a) Goods despatched may not be returned unless prior agreement has been made by the Company. Please check any received items immediately upon receipt of the delivery. Where the buyer has incorrectly ordered goods, the Company reserves the right to charge a handling charge to cover clerical and other expenses – this will vary depending on the order place by the customer. Goods that have been ordered incorrectly must be returned strictly within 14 days of receipt, at your cost. You must first inform Excalibur Hygiene Limited on 01384 671505 that you are returning the goods, and the reason why. Goods must be returned in original packaging with all contents enclosed and unopened. Furthermore, goods must be unused and in a re-saleable condition. Any goods returned damaged, or that get lost in transit, will not be refunded, so please use a reputable carrier for return of goods – this will give you the security of being able to claim from them in case of loss or damage. Goods received in line with the conditions listed above will be refunded, but the original shipping charge will NOT be refunded.
(b) If we send the wrong goods by mistake we promise to rectify the error at our cost.
c) EXCEPTIONS: Any goods, the order for which constitutes a separate production run in order to fulfil it, will not be eligible for return or refund under any circumstances, even if payment has been made beforehand; orders received for quantities in excess of 10 cases of some products might constitute a separate production run, must be scheduled into production, and are executed in good faith in accordance with your order. Therefore, if you are in any doubt as to the suitability of a product for your requirements, we urge you to first request samples to ascertain suitability. We cannot entertain claims for refund or return of bulk orders when samples have not been evaluated and confirmed as suitable.

7. PAYMENT Unless expressly agreed in writing with the Buyer, or stated on the face hereof, payment shall be made for the Goods in full in sterling, without any deduction or deferment on account of any disputes or cross claims whatsoever, not later than 30 days following the date of the Company’s invoice in respect of the goods. Time for payment shall be of the essence. Where full payment is not received by the due date the Company shall be entitled to charge interest on the sum outstanding at the rate of 8% over bank base rate, calculated on a daily basis but without prejudice to the Company’s rights to receive payments on the due dates.
PROFORMA INVOICES. When proforma invoices are rendered for payment in advance of goods being supplied by the Company, payment shall be made direct into the Company’s bank account, details of which are provided on the proforma invoice. Any overpayments, by whatever method, into the Company’s bank account will NOT be refunded under any circumstances, as making a refund could expose the Company and its directors to possible legal action for money laundering. Any deposit received to secure an order is strictly non-refundable. This policy will be strictly adhered to. When product is made to order (triggered by the payment of a proforma invoice) the full amount is deemed non-refundable.

8. WARRANTY AND EXCLUSIONS a) We undertake that the goods delivered to the Buyer will be of the described technical specification and the Company’s duty to the Buyer relating to the quality of the goods delivered shall be limited wholly and exclusively to the duty to deliver goods of the aforesaid quality. Save as aforesaid any warranty or conditions, statutory or otherwise express or implied, whether oral or written as to quality of the goods or their fitness for a particular purpose are excluded and negatived.
b)The application and use of the goods is the absolute responsibility of the Buyer. Any other advice and information provided by the Company, whether verbally, in writing or by way of trials or tests, is given without warranty and the Buyer shall be deemed to have carried out his own tests to ensure the suitability of the goods for his intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by us.
c) The Buyer must give us immediate written notice containing full particulars of any claim that the goods are not of the proper quality to enable us to investigate the complaint before the remainder of the consignment of goods is used or returned to us. We shall not be liable for any defects in quality in the absence of such immediate notification and, in any event, our liability hereunder or in the case of any other breach of contract or misrepresentation shall be strictly limited to the invoice price of the goods proved by the Buyer to be of defective quality or to be such as to cause us to have been in breach of contract or guilty of misrepresentation and shall not extend to consequential loss of any kind howsoever arising.
d) Warranty periods and terms shall be limited to those that are offered by the individual manufacturer of the goods.
e) If our website is behaving erratically due to a software glitch, whereby prices or shipping charges are rendered incorrectly, we shall contact any customers affected and request that the charge be amended or implemented accordingly.

9. CONTRACTS NOT ASSIGNABLE This Contract is between us and the Buyer as principals, and is not assignable without our written consent.
(a) We export to many countries. Unfortunately, our distributorship agreement with Gojo Industries – Europe Limited forbids us from accepting orders for GOJO soaps and PURELL hand sanitizer for export to Nigeria and Ghana. Only orders placed online via our websites can be processed, paid for with a UK registered credit/debit card for invoicing, with delivery to a UK address (but not that of a shipping agent). VAT must therefore be levied on every transaction, at the standard UK VAT rate of 20%, including any charge for shipping within UK. Any goods subsequently redirected to either Nigeria or Ghana via a shipping agent, or by any other means, are arranged without our knowledge or consent, and are the total responsibility of the purchaser and not Excalibur Hygiene Limited, and are not returnable and therefore not refundable.

10. INDEMNITY The Buyer shall indemnify us against all damages, penalties, costs and expenses to which we may be liable as a result of work done or goods supplied in accordance with the Buyer’s specification which involves the infringement of any letters patent, registered design, intellectual property rights, proprietary process or otherwise.

11. GOVERNING LAW This contract shall be governed by and constructed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.

12. INSURANCE We do not accept any liability for consequential loss.

13. FORCE MAJEURE In no event shall Excalibur Hygiene Ltd, or any of its trading names, be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, inability to obtain materials, change in government or customs policies (foreign or domestic), acts of crime, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.