TERMS & CONDITIONS
Terms & Conditions of Sale
All orders are accepted and undertaken are subject to these terms and conditions which will take precedence over any variation the customer may wish to introduce unless such variation has been agreed in writing by the company.
All quotations are subject to the prices ruling and relevant discounts ruling at time of dispatch. Any price list of the company shall not affect the right of the company to charge for goods in accordance with this clause. All prices are subject to the addition of value added tax at the published rate on date of dispatch, all quoted prices are based on the actual conditions of sale at the time of sale.
Subject to a minimum order value and unless otherwise specified the price quoted includes delivery to the purchaser within mainland Great Britain. All delivery times and dates are given for guidance only and cannot be considered as part of any contract. The company shall not be held liable for late or non-delivery of the goods however caused. The company reserves the right to choose the method of transport and charge for deliveries outside the mainland of Great Britain. Orders are accepted on the agreement that delivery is to be made to the agreed delivery address within the period of 8:00am to 6:00pm on weekdays. All bank and public holidays excepted and unloading takes place within 1hour. The company reserves the right to make part deliveries and to receive payment for these part orders.
As part of the continuing development of the products materials, finish design, colour or packaging may change without notice. All promotional and sales literature is for guidance only. All descriptive and forward specifications, drawings, dimensions, weights or particulars issued by the company are approximate only and are intended as a guideline of the goods to which they refer and do not form any part of the contract.
The customer will inspect the goods upon delivery and accept them only if there is no obvious damage or faults and all packaging is intact. Claims for damage, faulty or missing components must be notified to the company within 48 hours of receipt of goods. Claims for damaged goods which would be clearly visible upon receipt will not be accepted.
Goods delivered correctly may only be returned with the written agreement of the company. Credit in respect of the return of correctly delivered goods shall be subject to a handling charge of up to 25% of the value of the goods and are applicable for any goods returned after 14 days from the date of delivery. Goods are not supplied on a sale or return basis.
Will normally be granted to customers proving satisfactory references and will continue as long as the account conforms within the conditions of sale. The company may decline to grant or discontinue credit facilities at will not be obliged to disclose its reason for doing so.
Settlement of Accounts
Credit accounts are due for payment strictly by the end of month following the month of delivery. Pro forma accounts must be settled by credit/debit card prior to dispatch of goods or cash upon collection.
The company reserves the right to take such steps as it sees fit to recover overdue accounts. The cost of any debt recovery procedures will be added to the customer’s account. Any interest will be charged at 4% above the base rate.
Retention of Title
The risk of the goods compromised in the order shall pass to the customer upon delivery but ownership shall remain with Turner & Wilson Ltd until full payment has been received for all goods comprised on the order. Should the goods comprised on the order become constituents or be converted into other products whilst subject to ownership of the company, the ownership of such other products shall pass forthwith to the company as if they were the goods comprised on the order according to the clause above. The company reserves the right to terminate any contract with the customer should the customer become insolvent and in certain situations where the solvency of the customer may be called into question (e.g. If an administrator is appointed, if the customer enters into an arrangement with its creditors or if the customer ceases or intends to cease trading.
Under no circumstances will the company be liable to the customer for any loss of profit or other direct, indirect or consequential damages, loss or injury arising from goods supplied o otherwise in relation to the performance of any contract between the company and the customer other than in respect of death or personal injury caused by the company’s negligence. The customer shall indemnify the company against any claim made by a third party of any such damage, loss or injury.
Any performance figures given by the company are based on previous experience and are such and the company expects to obtain on tests in its works. The company shall be under no liability for damages or failure to obtain such figures unless the company has specifically and in writing guaranteed performance figures subject to the recognised tolerances applicable to such figures. The customer assumes responsibility for any decisions as to the suitability and purpose of any goods supplied by the company.
The company shall not be liable for any breach of contract arising from of caused by Act of God, Force Majeure, war, riot, civil commotion, military or usurped power, government order direction or legislation, fire, accident, strike or other industrial action, lock out, adverse weather, transport delays or any other occurrence over which the company has no control.
The conditions of sale shall be at all times subject to and constructed within the laws of England & Wales and any failure or delay by the company in exercising any right or remedy does not preclude the company from subsequently exercising that right or remedy or any other right or remedy. None of the aforementioned terms and conditions is meant to exclude any conditions or other terms which may otherwise be implied by statue or common law.