Unless otherwise stated in an offer or subsequently agreed and confirmed by us in writing, the following terms and conditions set the legal obligations we will owe to each other. These terms do not affect your Statutory Rights. You confirm that you have relied on no other representation or warranty (save any which are fraudulent). These terms, therefore, take precedence over any other conditions. The only parties able to sue under this contract will be you and us. This is written in accordance with English law which will have exclusive jurisdiction over any dispute.
The [quotation/order confirmation] sets out what we have contracted to deliver. If your specifications change you must advise us and we will amend the price and delivery times accordingly.
Order and Payment Terms
All payment terms are subject to satisfactory financial references, otherwise pro-forma or advance payments may be required. This obligation cannot be affected by whether the Employer has made payments to the Main Contractor. Where interim payments are requested, in accordance with valuations, but payments not received we may stop work until such payments are made. We can accept payment by credit card.
Our minimum order level is £50 (plus VAT). Unless otherwise stated any invoice must be paid within 30 days. We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. We also reserve the right to pass on charges for third party collection fees.
Legal and beneficial title to goods supplied by us will not transfer to you until payment has been received (and in the case of cheques; cleared). We reserve the right to enter your premises, or that of your client, to re-possess such goods for which payment has not been received.
Sympathetic consideration will always be given to re-stocking items which have been incorrectly ordered, but many of our products are purpose made and are not easy to re-sell. When we agree to accept returned goods, and assuming that we receive them carriage paid and in good condition, a credit note will be issued for the original ex works value less 15% re-stocking charge.
These are given in good faith but rely on all relevant information being supplied to us prior to manufacture. On receipt of such information every effort will be made to meet requested delivery/installation requirements. We cannot be held responsible for any delays outside our immediate control.
When we are working on site you have an obligation to advise us of any factor that may hinder us or is a potential danger to our workers. You agree to be responsible for the health and safety of our workers while they are on site. This includes having employers liability insurance in place which is acceptable to us.
Where materials are supplied but not installed by us, it is your responsibility to store purchases correctly and in accordance with our instructions in a safe clean environment. Installation should then be carried out in accordance with recommendations set out in our Product Data Sheets and Method Statements (copies of which are supplied with goods or are available on request only after an order has been placed).
The Liability of Wardray Premise Limited
Except for our negligence that causes death or personal injury we will not be held responsible for any loss which you suffer as a result of our negligence or failure to abide by our contractual obligations. You are under an obligation to advise us of any defects or shortcomings in our work and we will rectify the defect in question.
If we are held liable then our exposure will not exceed the monies payable by you to us under this contract.