Terms and Conditions of Sale
The customer’s attention is drawn in particular to the provisions of clauses 5.4, 7.2, 8, and 11
1. INTERPRETATION
1.1 Definitions
In these Conditions, the following definitions apply:
- Business Day: A day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business.
- Carrier: Any party engaged by the Supplier to ensure the safe delivery of goods.
- Conditions: The terms and conditions set out in this document, as amended from time to time in accordance with clause 10.6.
- Contract: Each contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions as a result of the Customer placing an Order.
- Customer: The person, firm or company who purchases the Goods from the Supplier.
- Damage: A situation where the Goods have not been delivered to the Customer in a usable or resalable condition due to damage in transit by the Carrier.
- Force Majeure Event: Has the meaning given in clause 9.
- Goods: The goods (or any part of them) set out in the Order.
- Loss: A situation where the Goods have been lost in transit and cannot be recovered.
- Order: The order by the Customer for the Goods, as set out in the purchase order form of the Customer or given verbally based on a quotation supplied by the Supplier.
- Specification: Any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier.
- Supplier: Drive Outlet Megastore, a company registered in England and Wales with company number 16376324 whose registered office is at Swan Buildings, 20 Swan Street, Manchester, M4 5JW, United Kingdom.
1.2 Construction
In these Conditions, the following rules apply: (a) A person includes a natural person, corporate or unincorporated body. (b) A reference to a party includes its personal representatives, successors or permitted assigns. (c) A reference to a statute includes amendments and re-enactments. (d) Any phrase introduced by the terms including or similar shall not limit the preceding words. (e) A reference to writing includes emails and faxes.
2. BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms.
2.2 The Order constitutes an offer by the Customer. The Customer is responsible for ensuring accuracy.
2.3 The Order is accepted when the Supplier issues written acceptance.
2.4 The Contract constitutes the entire agreement.
2.5 Descriptive materials from the Supplier do not form part of the Contract.
2.6 Quotations are not offers and are valid for 14 Business Days.
3. GOODS
3.1 The Goods are as specified in the Order.
3.2 The Customer shall indemnify the Supplier against intellectual property claims.
3.3 The Supplier may amend specifications to comply with legal requirements.
4. DELIVERY
4.1 The Supplier shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note showing the date of the Order, all relevant reference numbers of the Customer and the Supplier, the type and quantity of the Goods, special storage instructions (if any), and if the Order is being delivered by instalments, the outstanding balance of Goods to be delivered. (b) if the Supplier requires the Customer to return any packaging materials to the Supplier, this shall be clearly stated on the delivery note. The Customer shall make such packaging materials available for collection at the Supplier’s reasonable request. Returns shall be at the expense of the Supplier.
4.2 The Supplier will not be liable for goods lost or damaged in transit unless written notice is given to both the Carrier and the Supplier within 14 days of the Dispatch Date (for Loss), or within 3 days of receipt (for Damage). Damaged goods must be retained for inspection. No responsibility will be accepted for goods accepted as undamaged.
4.3 The Supplier shall deliver the Goods to the location set out in the Order or as agreed.
4.4 Delivery shall be completed upon arrival at the Delivery Location. Goods are unloaded at the Customer’s risk.
4.5 Dates quoted for delivery are estimates only. The Supplier is not liable for delays caused by Force Majeure or Customer’s failure to provide adequate instructions.
4.6 The Supplier shall notify the Customer when items are ready for dispatch. If the goods are not received within 14 days, the Customer must notify the Supplier. No liability is accepted if the Customer fails to do so.
4.7 If the Supplier fails to deliver, liability is limited to the cost of obtaining replacement goods, less the price of the Goods. No liability applies where delay is due to Force Majeure or Customer error.
4.8 If the Customer fails to take delivery within 3 Business Days: (a) delivery is deemed completed at 9:00 am on the third Business Day after Dispatch; (b) the Supplier may store the Goods and charge for related costs.
4.9 After 10 Business Days without collection, the Supplier may resell or dispose of the Goods and account to the Customer for excess or shortfall.
4.10 The Customer may not reject the Goods for minor quantity differences (±5%). Surplus must be returned within 28 days for credit.
4.11 Goods may be delivered in instalments, each forming a separate Contract.
5. QUALITY
5.1 Supplier warrants Goods on delivery are: (a) Free from material defects; (b) Of satisfactory quality; (c) Fit for purpose stated.
5.2 Subject to the Customer notifying the Supplier of defects within a reasonable time and returning the Goods if required, the Supplier may repair, replace or refund defective Goods.
5.3 The Supplier is not liable for defects where: (a) The Customer continues to use Goods after notifying defects; (b) Defects result from Customer misuse or failure to follow instructions; (c) Defects arise from Customer specifications; (d) Goods are altered or repaired without consent; (e) Damage is due to wear and tear, negligence, or abnormal storage; (f) Specification changes were made for regulatory compliance.
5.4 Goods are deemed in good condition unless the Customer notifies the Carrier at the point of delivery.
5.5 Terms implied by sections 13–15 of the Sale of Goods Act 1979 are excluded to the fullest extent.
5.6 No warranty is provided that Goods are covered by manufacturer warranties. A 2-year return-to-base guarantee is provided by the Supplier unless otherwise stated, which is the sole warranty applicable to the Goods.
5.7 If Goods are not found defective, a call-out fee of £350 plus VAT applies.
5.8 These Conditions apply to repaired or replacement Goods.
5.9 The Customer is solely responsible for determining product suitability.
6. TITLE AND RISK
6.1 Risk passes to the Customer upon delivery.
6.2 Title passes to the Customer when: (a) Full payment is received; or (b) The Customer resells the Goods.
6.3 Until title passes, the Customer must: (a) Hold Goods on a fiduciary basis; (b) Store them separately; (c) Not remove or obscure identification; (d) Maintain and insure the Goods; (e) Notify the Supplier of relevant events and provide information on request.
6.4 The Customer may resell Goods before title passes as principal, not as agent.
6.5 If insolvency or similar events occur: (a) Resale/use rights cease; (b) The Supplier may demand return or recover Goods.
7. PRICE AND PAYMENT
7.1 Price is as stated in the Order.
7.2 The Supplier may increase the price before delivery if costs rise due to external factors, Customer amendments, or Customer delays.
7.3 Prices exclude packaging, insurance, and transport unless stated.
7.4 Prices exclude VAT, payable in addition on valid invoices.
7.5 Payment is due in full before dispatch.
7.6 Customer must pay in full without set-off or withholding. The Supplier may offset amounts owed to the Customer.
8. LIMITATION OF LIABILITY
8.1 Nothing excludes liability for death, personal injury due to negligence, fraud, or breach of statutory rights.
8.2 Subject to 8.1: (a) No liability for indirect or consequential loss; (b) Total liability capped at 110% of the Contract value; (c) No liability for loss due to manufacturer warranty expectations or third-party documentation not supplied by the Supplier.
9. FORCE MAJEURE
Neither party is liable for delay or failure due to events beyond reasonable control, including but not limited to strikes, natural disasters, transport failures, war, terrorism, or supplier issues.
10. GENERAL
10.1 The Supplier may assign or subcontract obligations. The Customer requires written consent to do so.
10.2 Notices must be sent to registered addresses and are deemed received depending on method of delivery.
10.3 Invalid provisions shall be modified or severed without affecting the rest of the Contract.
10.4 No waiver is effective unless in writing.
10.5 No third party has rights under the Contract.
10.6 Variation must be in writing and signed.
10.7 English law governs the Contract. English courts have exclusive jurisdiction.
11. PRODUCT SOURCE DISCLAIMER
11.1 Goods are brand-new and sourced through independent global channels, which may include non-authorised supply chains. The resale of genuine goods within the United Kingdom and European Economic Area complies with the legal principle of exhaustion of intellectual property rights as defined under UK and EU law.
11.2 Goods may not be eligible for manufacturer warranties or support. A store-backed 2-year return-to-base warranty is offered unless stated otherwise.
11.3 Brand names, model numbers, and datasheets are for identification purposes only. The Supplier is not affiliated with any manufacturer unless explicitly stated.
11.4 Representation of Goods
All product descriptions, datasheets, and manufacturer references are provided for identification and compatibility purposes only. Drive Outlet Megastore does not imply sponsorship, approval, or endorsement by any manufacturer. Goods supplied are genuine OEM products unless otherwise stated.
12. ENGINEERING CALCULATORS AND TECHNICAL TOOLS DISCLAIMER
12.1 The Supplier provides free online engineering calculators and technical selection tools on its website (including, but not limited to, VFD sizing, braking resistor, cable sizing, motor starter, and fuse/circuit breaker selection tools) for general informational and educational purposes only.
12.2 The results and outputs generated by these tools are estimates based on standard engineering formulas and industry assumptions. They do not account for all site-specific, environmental, or application-specific variables including but not limited to: cable length, ambient temperature, altitude, motor efficiency, installation method, local wiring regulations, or protection coordination.
12.3 These tools are intended to assist qualified engineers, electricians, and technical professionals in making preliminary sizing and selection decisions. They are not a substitute for professional engineering judgment, product datasheets, or formal design verification.
12.4 The Supplier makes no representations or warranties, express or implied, regarding the accuracy, completeness, or suitability of any calculator output. The Supplier shall not be liable for any direct, indirect, incidental, or consequential losses, damages, or costs arising from the use of, reliance upon, or inability to use such tools.
12.5 All final equipment selection, protection coordination, and installation decisions remain the sole responsibility of the Customer or their appointed engineer. Customers must verify all calculations with the relevant product documentation, manufacturer guidance, and applicable national or international standards (e.g. IEC, BS EN, NEC).
12.6 By using the Supplier’s online calculators or tools, the Customer agrees to release and indemnify the Supplier from any and all claims or liabilities arising from their use.
