Window Widgets (2006) Ltd
Unit C Quedgley Trading Estate,
Bristol Road, Gloucester,
Gloucestershire, GL2 4PA
Company number 03989421
Partnership number OC320178
VAT number 115 1360 59
Terms of business
In these Conditions “The Company” shall mean, “Window Widgets (2006) Ltd”, and the Customer shall mean any person, firm or company placing an order with the Company. The “United Kingdom” shall mean mainland England, Scotland and Wales.
1. Customer’s Conditions
These Conditions shall have precedence over any conditions appearing on the Customer’s order form or any other document emanating from the Customer or his agent, any such Customer’s Conditions shall have no effect whatever unless expressly accepted in writing by the Company. These Conditions shall be deemed to be incorporated in all documents emanating from the Company or its agents unless expressly varied in writing.
a. The price charged will be that ruling at the time of shipping to the Customer and will be subject to the appropriate rate of Value Added Tax and/or any other Government duty or tax applicable at that date.
b. When the Goods comprised in an Order are despatched in more than one consignment, the price charged for each such consignment will be that ruling at the time of shipping to the Customer of each such consignment.
c. Shipping and packing charges are not included in the price of goods (unless otherwise agreed) and shall charged at the rate applicable at the time shipping, subject to a minimum charge of £10.00 plus Value Added Tax and/or any other Government duty or tax applicable at that time.
a. The Company should receive payment no later than 30 days net monthly from original invoice date, unless the Company has expressly varied this Condition in writing. In all cases the Customer shall make payment within the agreed time.
b. In the event of Customer default in paying any sum as if falls due or committing any breach of any of its obligations to the Company, the Company shall be entitled, without notice to the Customer, to suspend all further deliveries until the default be made good or determine any Contract then subsisting so far as further goods remain to be delivered, but without prejudice to any claim or right that the Company might otherwise make or exercise.
c. Any sum as it falls due shall carry interest, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, on a daily basis at the Bank of England base rate, applicable at the time, plus 8%, until the Company receives payment in full. And may also be subject to an administration charge of £35.00 plus costs. Where a 3rd party debt collection agent has been utilised “The Company” will charge an additional 5% of the first £5,000 and 3% thereafter.
The Company will use all reasonable endeavours to meet all estimated times or dates for delivery. However, time for delivery shall not be a term of or of the essence of any contract and the Company shall therefore not be liable for any loss or damage caused or occasioned by later delivery.
Delivery shall take place either at the time of collection by the Customer or his agent of the Goods from the Company’s premises, or if the Goods are delivered to the Customer, at the moment of the unloading of the goods at the Customer’s premises.
a. The risk in the Goods shall pass to the Customer at the time of delivery.
b. Where the Company pending collection stores the Goods, they shall be stored at the Customer’s risk.
c. All tooling stored by the Company is at the Customer’s own risk.
7. Description and Samples
All description and samples are given in good faith, but the Company makes no warranty and accepts no condition whether express or implied (statutory or otherwise) that any of the Goods supplied comply with any descriptions or samples given to the customer or his agent.
8. Quality and Fitness for Purpose
a. Any recommendation or suggestion relating to the use or durability of the Goods is given in good faith but it is for the Customer to satisfy himself the goods are suitable for his own particular purpose and he shall be deemed to have done so.
b. All express or implied warranties or conditions (statutory or otherwise) that the Goods are of any particular quality or fit for any particular purpose whether or not made known to the Company are hereby excluded.
c. It is the customers responsibility to satisfy themselves before ordering of the fitness for purpose of the products and their application.
9. Consequential Loss
The Company shall not be liable for any damage, illness, injury or loss of any kind whatsoever and howsoever caused to any property, persons, animal or produce or arising out of or in connection whether directly or indirectly with the use of the Goods provided that nothing in the Condition or the Conditions generally shall limit the Company’s direct liability in respect of death or personal injury.
The Customer acknowledges that he has not entered into this Contract on the basis of any representation whether oral or in writing made to him by the Company or its agents.
No legal property in or beneficial ownership of the goods shall pass from the Company to the customer unless and until the Customer has made full and complete payment to the Company of (i) all sums due from the Customer to the Company under this agreement in respect of the goods and (ii) all other sums due from the Customer to the Company on any account whatsoever. If any sum due from the Customer to the Company on any account whatsoever remains unpaid after the Company has given the Customer two days written notice of their intention to exercise their rights under this Condition, the Customer shall be deemed to have repudiated this agreement and the Company shall be entitled to terminate this agreement to forfeit any sums paid to it by the Customer in respect of the goods and to recover the Goods if necessary by entry into and removal from the Customers’ premises without prejudice to any other claims which the Company may have against the Customer. Where the customer has removed packaging linking outstanding invoices to stock, the stock shall be deemed to be the most recent delivery and shall remain the property of “The Company” until paid for in full. The owness falls upon the customer or administrator to prove otherwise.
12. Damaged Goods. Mis-delivery. Non-delivery
a. When any consignment of Goods is delivered and (i) the whole or part of any such consignment is damaged, or (ii) the whole or any part of any such consignment is made up of the wrong quantity or wrong type of Goods, the customer shall advise the Company (other that upon a consignment note or delivery document) within two business days of the delivery and immediately confirm to the Company in writing.
b. When a Consignment of Goods is deliverable by a carrier and is not received by the Customer, the customer shall advise the Company in writing (other than upon a consignment note or delivery document) within 7 days of despatch. No claim will be entertained unless the customer complies with the terms of this condition. In any event the liability of the Company in the event of any mis-delivery or non-delivery referred to in this Condition shall not exceed the replacement of the goods shown to be mis-delivered or non-delivered, or at the Company’s option, refund of the price by the Company for goods.
13. Returned Goods
The Customer shall notify and seek the agreement of the Company regarding any goods to be returned within 3 business days of delivery. Any return may be subject to, at the discretion of the Company, a handling charge of 15% and/or an administration charge for non-notified returned goods, all of which shall be subject to Value Added Tax. The Company shall be in no way liable for the Customers cost of returning unwanted goods or goods being returned outside of any agreement with the Company.
14. Force Majeure
The Company shall be entitled to cancel or delay delivery or to reduce the quantity of the Goods delivered if it is delayed, or hindered in, or prevented from manufacturing or delivering by normal route or means of delivery the Goods through any circumstances beyond its reasonable control, including but not limited to war, fire, flood, act of God, unavailability of raw materials, government restrictions and controls, strikes or lockouts.
a. The Customer shall indemnify the Company against all claims, demands, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the Customer’ order which involves the infringement or alleged infringement of any letters, patent, trade marks, registered designs, industrial models or copyrights.
b. The Company accepts no responsibility where specifications or particulars supplied by the Customer are inaccurate and the customer shall indemnify the Company against any loss suffered by the Company by reason of such inaccuracy.
16. Set Off
The Customer shall not be entitled to withhold or set off payment of any amount due to the Company under the terms of any contract whether in respect of any claim of the Customer in respect of faulty or defective Goods or for any other reason which is contested or liability for which is not admitted by the Company.
17. Proper Law
These Conditions and the Contract shall be subject to and construed according to the English Law and Uniform Laws on International Sales Act 1967 and any statutory modification of re-enactment thereof is hereby excluded.
18. The company reserves the right to charge a minimum order fee of £10 for orders less than £200 excluding VAT.
19. Subsidised P&P charges for Bar length products are as follows:
|Order value||P&P charge|
|£0 – £500 (ex VAT)||£45|
|£500 – £1500 (ex VAT)||£38|
|£1500+ (ex VAT)||Free of charge*|
Some companies have a previously agreed higher order value for free delivery which still applies.
20. Any order received by “The Company” shall be subject to these terms and conditions and by ordering, the customer shall have deemed to have received and agreed to these terms and conditions. These conditions of sale apply even where the customer has conditions of purchase which conflict.