TERMS & CONDITIONS OF TRADING
In these terms and conditions the expression “the Company” means WOOLNOUGH’S and / or its subsidiaries.
GENERAL. Unless otherwise expressly agreed in writing, all goods are sold subject to the following conditions to the exclusion of any conditions of the Purchaser and no agent or representative of the Company has any authority to vary or omit these conditions, or any of them.
- PRICES. Both quoted and printed prices are subject to alteration without notice. The right is reserved to invoice goods at prices current at the date of despatch. All prices are subject to Value Added Tax at the appropriate rate at the appropriate tax point. The company’s price list does not constitute an offer and no contract shall come in to being unless and until the Company communicates its acceptance of the Customer’s order.
- QUOTATIONS AND INVOICES. Quotations are subject to confirmation and the right is reserved to amend any order and or quotations or invoices.
- DELIVERY. Whilst every effort is made to maintain delivery dates, failure to deliver at the time stated will not be sufficient cause for cancellation nor shall it constitute a breach of contract and no liability for loss or damage, including consequential loss and loss of a bargain can be accepted in the case of non- delivery or late delivery. In the absence of express instructions from the customer to the contrary, the Company reserves the right to deliver any order by instalments. Each instalment shall be deemed to be a separate contract and shall be invoiced accordingly. No default in respect of any one instalment shall effect or prejudice due performance of the contract as regards any other instalments. Deliveries offered ex-stock are subject to the goods being unsold at the date of processing of the Customer’s order. Normal stock lines may be temporarily out of stock and the Customer will be notified as soon as reasonably practicable.
(1) Carriage Charges:
Carriage/Shipping charges will be displayed at the time of checkout although, you can make an on screen quotation request once an item has been placed in your basket. If no shipping is available for you region/country, please contact us for further information.
- DAMAGES, SHORTAGES AND ERRORS. No responsibility is taken for breakages, shortages or errors unless the delivery document is endorsed accordingly and we are notified in writing within 3 days of receipt. In the absence of such notification the customer shall be deemed to have accepted the goods. In the event of non-delivery, the carrier and the company must be notified within 14 days of the date of the invoice. Proof of delivery on request mat be subject to a charge, per consignment. Proof of delivery is only available within 3 months of following the date of despatch.
- RETURNS. GOODS SUPPLIED CORRECTLY AS ORDERED CANNOT BE RETURNED FOR CREDIT. Request for return for other reasons must have our written consent. DO NOT DESPATCH GOODS UNTIL YOU HAVE OUR CONFIRMATION THAT WE ARE PREPARED TO ACCEPT THEM BACK FOR CREDIT. In the event of accepting goods back for credit, it may be necessary to make a service charge of 5%. All returned goods will only be accepted carriage paid. We accept no responsibility for any damage or loss in any way to goods whilst in transit to us. The acceptance of any returned goods is not is not an admission of any defect in or damage to the goods.
- TITLE AND RISK.
(a) Property in goods shall remain with the Company until unconditional payment for (i) all of the goods constituting the contract to which such goods relate and (ii) all other goods that are subject to any other contract between the Company and the Customer which at the time of payment of the full price of the goods under the former contract have been delivered to the customer but not paid for in full has been made in full.
(b) Until such unconditional payment, the Customer shall:
III. Be obliged to deliver the goods to the company at any time should the company so require.
(c) The Customer shall be entitled to sell and deliver such goods in the ordinary course of its business as principal to a third party provided that so long as the Customer has not fully and unconditionally discharged all payment due to the Company referred to in sub-clause (a) above, relating to such goods shall in its fiduciary capacity as agent for the Company hold all proceeds of sale in respect of such goods on trust for the Company.
(d) The Customer hereby assigns to the Company all rights and claims which the customer may have against a third party arising from sales to its own customers referred to in sub-clause (c) above until unconditional payment has been made to the Company in full, in accordance with sub-clause (a) above.
(e) If before title in goods has passed to the customer the customer enters in to liquidation or suffers a Receiver to be appointed the Company may give notice to the Customer terminating the order, whereupon the Customer shall, at its own expense, redeliver such goods to the Company. In such cases, the Company may with or without previous notice, take possession of the goods and is, in such circumstances, irrevocably authorised to by the Customer to enter the premises on which the goods are situated by its employees and agents, together with such vehicles as are necessary and remove the same at the Customer’s expense.
(f`) Notwithstanding the provisions of this clause, risk in all goods supplied shall pass to the Customer on delivery whereupon the Customer shall be liable for the insurance of such goods.
- Keep such goods in its capacity as bailey for the company and
- Store the goods separately, avoiding deterioration and clearly identify the goods so that they can be clearly recognised as the property of the company and
(a) Save as provided hereinafter or by written guarantee or warranty which may accompany goods, all warranties, conditions or guarantees or representations, express or implied, statutory or otherwise (insofar as can lawfully be excluded) are hereby excluded and the Company shall not be liable for any loss, damage, expense or any injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any breach of the contract defects of deficiencies or any sort in the goods supplied by the Company and whether such defects of deficiencies are caused by the negligence of the Company or its servants or agents or otherwise.
(b) The company does not exclude its liability for death or personal injury and accepts liability for any breach on the part of the Company of any undertaking as to title, quiet possession and freedom from encumbrance which may be implied by Section 12 of the Sale of Goods Act 1979.
(c) This clause shall not deprive the Customer dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his statutory rights.
(d) The company reserves the right to request faulty items be returned, to allow for proper investigation by the manufacturers.
- LIMITATION OF LIABILITY. Without prejudice to sub-clause (b) and (c) of clause 8, the amount of damages recoverable by the Customer from the Company for breach of contract or negligence or any other tortuous act shall be limited to the invoice price of the goods.
(a) Without prejudice to any other condition hereof should the supply of or despatch of the whole or any
part of the goods contracted or be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Company’s control, the Company shall be entitled to postpone or suspend any delivery or deliveries under the contract until (in the Company’s judgement) any such cause has ceased to operate.
(b) Without limiting the generality of the cause or causes referred to above, the same will include war, fire, accident, breakdown of plant or machinery, industrial action, disputes (including strikes and lockouts), unavailability or an restrictions of supplies, non-delivery or delay in delivery of any materials or any other circumstances of whatsoever nature and not limited to the foregoing which directly or indirectly interrupt or hinder the due performance of the contract.
- INABILITY TO SUPPLY.
- WAIVER. Any concessions or latitude which the Company make or allow to the purchaser at any time shall not prejudice any subsequent exercises of our legal rights, whether or not such concession or latitude shall have been relied upon or otherwise acted upon by the purchaser and whether or not the purchaser received prior notice terminating such arrangements or reducing or cancelling any additional time for payment granted by the Company.
- GOVERNING LAW. Any contract made between the company and the customer shall in all respects be governed and construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English Courts.
- Unless express written permission is obtained by the Customer from the Company, sales through websites other than those solely owned and operated by the Customer are not permitted unless you have an accredited professional sales account with that company and, you may only list items for a fixed price within the guidelines of our own SRP’s. Any person or company who is found not to work within these parameters or, offers items for auction will not be supplied any further products. This includes, but is not limited to the e-commerce sites such as eBay, Amazon and any other multi-user sales website. Additional requirements may be levied for the supply of certain goods, where the manufacturer’s terms are required to be passed to the Customer. Conformation on any of these points should be sought from the Company.
- lf at any time, any one or more of these terms and conditions (or any paragraph or any part thereof) is held to be, or becomes, void or otherwise unenforceable for any reason under any applicable law, the same shall be omitted from here and the validity and / or terms and conditions shall not in any way be affected or impaired.
Company – Woolnough’s
VAT No: GB 293 9325 66
Registered Office: Bridge House, Henley, Ludlow, Shropshire. SY8 3ET
Tel: 01584 875855
- These Terms and Conditions supersede all previous terms and conditions issued.