Charles Watson (Ironmongers) Ltd – Terms & Conditions of
Where the Purchaser under the contract (not being a contract for the International Sale of Goods) deals as a consumer within Section 12 of the Unfair Contract Terms Act 1977 then nothing contained in any of the following conditions shall restrict or affect the statutory rights of the Purchaser.
All quotations are made and all orders are accepted only upon and subject to these Conditions of Sale. Unless expressly accepted in writing by Charles Watson (Ironmongers) Ltd (“The Seller”), no qualification or variation of these Conditions made in the Buyer’s Order Form or correspondence or otherwise will have any effect.
Unless previously withdrawn every quotation is open for acceptance within thirty days only from its date and, if required by the Seller, is subject to approval of Buyer’s credit.
All orders are accepted and quotations given at prices then ruling. The Seller reserves the right to execute orders at prices ruling at the time of despatch. Prices will be increased in the event of increase in Import Duty, exchange rates or surcharges, VAT, freight charges, manufacturer’s prices. The Seller reserves the right to amend prices to correct errors or omissions. Prices are exclusive to Web Sales and may not be available at our trade counters.
All despatch dates quoted are approximate, are not guaranteed and do not form a term of this contract. Whilst every endeavour is made to comply with these dates, the Seller shall have no liability whatsoever for any delay in despatch or delivery or for any loss occasioned thereby.
5. DAMAGE OR LOSS IN TRANSIT
The Seller will not be liable for any indirect loss, loss of business, profits, savings you expected to make, wasted money, wages, fees or expenses due to late delivery, non delivery, unsuitability, breakdown or stoppage of the goods or any part of them. Any damage should be notified to the Carrier and the Seller within two days of receipt, and the goods held for inspection to enable a claim to be made on the Carrier. If the goods are not received by the Buyer within 6 days of date of invoice, the Carrier and the Seller should be immediately notified.
Orders can only be accepted on a Cash with Order basis unless the Buyer has an approved Credit Account. All approved accounts are strictly nett and payable 30 days from month end of invoice. All accounts outstanding 60 days after the last day of the month of invoice will be subject to a service charge accruing at the rate of 4% above Barclays Bank Plc’s base rate from time to time calculated on a daily basis from the 30th day after the last day of the month of invoice.
If your Company shall make any default in or commit any breach of any of its obligations under any Contract to your Company or if any distress or execution shall be levied upon your Company its property or its assets or if any resolution or petition to wind up your Company’s business shall be passed or presented otherwise than for amalgamation or reconstruction or if a Receiver of such Company’s undertaking property or assets or any part thereof shall be appointed our Company shall have the right forthwith to determine any order than subsisting and upon written notice of such determination being posted by our Company to your last known address any subsisting order shall be deemed to be determined without prejudiced to any claim or right our Company might otherwise make or exercise.
7. RETENTION OF TITLE
a. The goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the intending Purchaser shall have paid to the Company the agreed price. The risk in goods sold shall pass on delivery.
b. The Seller may, for the purpose of recovery of these goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may re-possess the same if the intending Purchaser has not, at any time, paid to the Company the agreed price.
c. Until such time as the Intending Purchaser becomes the owner of the goods he will store them on these premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Seller.
d. The Intending Purchaser acknowledges that he is in possession of the goods solely as bailee for the Seller until the Intending Purchaser shall have paid to the Company the agreed price together with the full price of any goods the subject of any other contract with the Company.
e. If the Purchaser shall sell the goods or otherwise dispose of them before payment of the said price to the Company any sum which the Purchaser shall receive or to which he may become entitled by virtue of such sale price, be held by him as trustee for the Company and the Company shall have all rights ad remedies at law or in equity or recover the whole or any part of the price remaining unpaid.
All warranties, express or implied, statutory or otherwise excluded. The Seller will make every effort to obtain free replacements for defective goods from the Seller’s Principal Supplier’s published specifications and terms of business. Under no circumstances will the Seller be liable, in contract or otherwise for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise arising out of, or in connection with, the installation, use or failure of the articles sold or of any defect in such articles.
9. PATENT WARRANTY
The Buyer warrants that any design or instruction furnished or given by him shall be such as will cause the Seller to infringe any letters patent, registered design or trade mark in the execution of the Buyer’s order.
10. RETURN OF GOODS
No goods may be returned without the Seller’s written consent. Where goods are alleged to be not in conformance with manufacturer’s published specifications, full details must be given, and credit (or replacement) will not be issued until defects have been agreed by the manufacturer. Proof of purchase must be produced by the Buyer before the Seller will issue a credit. A handling charge will be made where the Seller has purchased the goods specially from a manufacturer or supplier for the Buyer.
11. TELEPHONE ORDERS
The Seller will accept telephoned orders provided the Buyer is able to supply an order reference, has an account with the Seller and such account is up to date. The Seller’s Conditions of Sale will apply to telephone orders and it is a further condition that if the order is duplicated as a result of failure to state clearly “Confirmation of Telephone Order” on the written confirmation, the Buyer will accept the duplicated shipment or will incur a cancellation charge in accordance with the Conditions of Sale.
12. PACKAGING, CARRIAGE AND POSTAL CHARGES
Will be made on each order (or on each shipment, where several shipments are requested by the Buyer).
In respect of goods sold in accordance with the Seller’s price list the Seller shall be entitled to claim up to 50% of the value outstanding of any order cancelled after the expiry of 15 days from the Seller’s receipt of such order. The Seller shall be entitled to claim £5 of 10% of the value (whichever is the greater) on any order cancelled after the expiry of 24 hours from receipt of such order by the Seller. In the event of cancellation of the incomplete balance of an order by the Buyer (or by the Seller in the event of postponement as set out in Clause 14) the Seller reserves the right to charge for those goods already supplied on the order at the price applicable to the quantity supplied. Orders for goods specially priced by negotiation with the Seller and the manufacturer supplier to the Seller are accepted on the express condition that they are irrevocable and cancellation or quantity reduction cannot be accepted.
14. SCHEDULE ORDERS
Orders for phased or scheduled delivery (hereinafter referred to as Schedule Orders) are acceptable on the following conditions:
Schedule Orders, which shall not exceed a period of eighteen months from the date of order to the date of completion, will be priced at the total quantity per line item ordered provided firm delivery requirements are given and the value of each shipment exceeds £25. The Seller reserves the right to consider cancelled any outstanding balance and to make a cancellation charge in accordance with Condition 13, above, if delivery date requirements are postponed by the Buyer by more than a total of 3 months. No amendment to a delivery date requirement will be accepted unless the Seller receives 3 months’ prior notice in writing.
This contract shall be governed by English Law.