Terms And Conditions

General

  1. DryStream Supplies is a business to business reseller. In buying from us you agree that you are buying goods or services only for business purposes. The liability provisions below set out our responsibilities to you in more detail, but as a business customer, purchases you make from us will not benefit from the statutory protection available to consumers under the Sale of Goods Act 1979 (as amended) and related legislation.
  2. We do business only under these Conditions of Sale. All other terms, including any which may be included with your purchase order, are explicitly refused. We are not obliged to accept any order that you place with us, or offer you credit.
  3. Goods are subject to availability and may vary from those advertised.
  4. Before ordering please ensure that the goods are suitable for your needs; we cannot accept any responsibility for assisting you with that decision.
  5. Although we make reasonable checks to avoid errors occurring, please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order. If we make a mistake we will give the option to either cancel your order (in which case you will receive a full refund of any amount paid in advance) and/or place the order again at the correct price and on the correct terms.

Prices and Payment

  1. Our advertised prices do not include VAT. This will be added at the checkout stage.
  2. We accept most types of credit or debit card for payment which is taken at the time of order.
  3. We remain owners of the goods you purchase until you have both paid for all of them in full and also paid all other monies due to us from you under any contract or arrangement. You agree to give us the right to enter your premises at any time where the goods are stored so that we can retrieve and resell them if they are not paid for. Until title passes to you under this condition you must keep the goods stored separately and clearly identifiable as belonging to us and not remove any branding or identifying marks and keep them fully insured for their full replacement value against any loss, damage or destruction and not sell, transfer, charge, mortgage, pledge or grant any lien over, the goods. This applies to all goods we supply to you and to any money owing in respect of any transaction with you.

Delivery

  1. Our prices include delivery to most UK addresses but we will make a delivery charge to ship goods to addresses that our outside our standard delivery areas. Where your order is received by 3pm on a working day we would aim to dispatch those goods to you the same day so that you may receive them the next working day. Orders placed at weekends or Bank Holidays are normally processed the next working day. We do our best to meet these targets but we don’t accept any liability to you for any delay.  We will use reasonable endeavours to notify you of any anticipated significant delivery delays and give you the option to cancel your order.
  2. If the goods do not arrive within 7 working days please contact our customer services department on +44 (0)20 8441 0102 or email us at enquiries@drystream.co.uk giving details of you and your order. If you receive incorrect goods you must tell our Customer Services Department within 3 working days of receipt. If you received damaged goods you must not sign for the delivery as having been received in good condition as this will prevent a claim being made from the courier. If you receive damaged goods you must tell us within 3 working days.
  3. Risk passes to you on delivery. After delivery you are responsible for protecting and insuring the goods against loss, damage or destruction.

Cancellation

  1. You cannot cancel a submitted order after the goods have been dispatched.

Returns & Errors

  1. All our goods are sold to you with a warranty against faulty manufacture. We will accept returns of faulty goods notified to us within 14 days of delivery in this case please contact our customer services department on +44 (0)20 8441 0102 or email us at enquiries@drystream.co.uk giving details of you, your order and the fault.
  2. If goods are to be returned to us you must obtain an RMA (Returned Merchandise Authorisation) from our Customer Services department, telephone +44 (0)20 8441 0102. The RMA will be valid for 28 days. You will be responsible for returning the goods to us and, unless the goods are faulty, that will be at your expense. You must package the goods properly and we recommend that you insure them during delivery. The package must have the RMA number clearly visible. We cannot accept unauthorised returns which do not have an RMA.
  3. Without prejudice to the following conditions, the remedies in this Returns section represent your sole and exclusive remedies in respect of any issues you experience with the goods provided by us.

Telephone Calls

  1. We sometimes monitor or record telephone calls for training and security purposes.

Suspension and Termination

  1. We reserve the right to cancel outstanding orders for goods if you fail to make any payment due to us by the time it is due or if you have given any false or misleading information to us or if you are insolvent or if you are in material breach of this Agreement.

Limitation of Liability

  1. We will accept the return of faulty goods for a period of 14 days from date of delivery, and our liability will be limited entirely to the repair or replacement of the goods.
  2. Save in respect of personal injury or death caused by our negligence we do not accept any liability (and hereby exclude all liability) for special, indirect or consequential losses of any kind or for any loss of profits, loss of revenue, loss of anticipated savings, loss of or corruption to data, loss or damage to goodwill, business or reputation (and in each case whether classified as direct or indirect and howsoever arising, including in relation to breach of contract or negligence).
  3. DryStream Supplies’ maximum aggregate liability to you under this Agreement shall be limited to the value of the goods giving rise to the claim. The parties agree that these conditions are reasonable as offered under these Conditions of Sale.

Matters beyond DryStream Supplies Reasonable Control

  1. DryStream Supplies will not be liable for any delay in performing, failure to perform or deliver, or defective performance or delivery of any goods particularly if such delay or failure is caused by circumstances beyond DryStream Supplies control.

Law

  1. This Agreement and any contracts made under it are subject to English law and English courts have exclusive jurisdiction in relation to all matters (whether based on contractual or non-contractual rights and obligations).

Waiver

  1. No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party, nor shall any waiver of its rights in relation to a breach of this Agreement operate as a waiver of any subsequent breach and no right, power or remedy given to or reserved to either party under this Agreement is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.

Relationship

  1. Nothing in this Agreement creates a joint venture, relationship of partnership or agency between the parties.  Except as expressly authorised under this Agreement neither party has authority to pledge the credit of or make any representation or give any authority to contract on behalf of another party. No customer employees shall be construed as being an employee of DryStream Supplies by virtue only of this Agreement or the performance of DryStream Supplies obligations under this Agreement.

Severability

  1. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.

Third Party Rights

  1. This Agreement does not create or confer any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).

Assignment and sub-contracting

  1. You may not assign your rights or obligations under this Agreement without our prior written consent. We may use subcontractors to perform all or some of our obligations under the Agreement but where we do so we will remain liable to you in accordance with this Agreement for their acts and omissions. We may on prior written notice to you assign our rights and obligations to a third party.

Entire Agreement

  1. This Agreement, together with any contract documents we provide you, is the entire agreement of the parties relating to the subject matter. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties.  Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent it is incorporated into this Agreement.  Each of the parties agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement made prior to this Agreement.

Variations

  1. Subject to condition 42 below, if either party wishes to make any changes to this Agreement or the underlying terms of the contract for goods or services, they must be agreed in writing by an authorised representative of each party.
  2. We reserve the right to change our Conditions of Sale from time to time and if we do so we will update the version on our website. Each time you place an order from our website you will be deemed to have agreed to the latest version of our website terms and conditions shown prior to placing your order.

Notices

  1. Any notice required under this Agreement must be given in writing and in the English language and sent to the address of the party for which it is intended to be given, or such other address as has been notified to the other party in accordance with this condition 42 and be sent by hand, registered post or equivalent and unless delivered by hand (where it shall be deemed received on delivery) it shall be deemed to have been received three working days after the date of posting. In this condition, “working days” means Monday to Friday excluding public/bank holidays in the United Kingdom. Any notices for DryStream Supplies must be addressed to the Company Secretary.

Time for Performance

  1. We will always do the best we can to ensure we achieve any delivery dates agreed with you for the provision of the goods or services. However time shall not be of the essence. We will use reasonable endeavours to notify you if we believe that our performance is likely to be delayed for any reason. We will not be liable to you where our performance of the contract is delayed because of your own acts and omissions or those of your employees, agents or contractors.

Intellectual Property

  1. We (and/or our licensors) shall retain all right, title and interest in any intellectual property rights in goods, software or services we supply to you under this Agreement.  Any intellectual property rights created in the course of the services shall belong to DryStream Supplies and/or its licensors. “DryStream” and “DryStream Supplies” are trademarks of Tamebyte Limited.

Company Details

  1. DryStream Supplies is a trading division of Tamebyte Limited. Registered in England number 2870811.