Terms and Conditions
Under the terms and conditions of sale set out below:
a) "The Company" means Worktop Magic
b) 'The Buyer" means the corporation, firm, company, institution, person or persons to whom a quotation is made or to whom goods are sold by the Company.
c) "Goods" mean products or services supplied by the Company under this contract.
Any order accepted by the Company whether or not it is based on or results from this or any other quotation or tender given by the Company is deemed to incorporate these terms and conditions: No variation or modification of or substitution for these terms and conditions (even if included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.
We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions: or,
(e) for any other reason at our sole discretion.
3. Validity of Quotation
Unless amended or withdrawn the Company's quotation is open for acceptance for the period stated therein or where no period is stated for 30 days after the date thereof. The Company's quotation is not an offer but merely an invitation to the Buyer to make an order for goods under the terms and conditions of the quotation.
Cancellation of goods ordered to the Buyer's own specification would not be accepted. This applies to all goods deemed specialist by way of being specifically ordered, bespoke, cut or unique in character for the customer.
Non buyer specific items can be cancelled up until 2pm the day before delivery by calling us on 0121 288 2270.
In the event that the company agrees to accept a cancellation it reserves the right to recover any costs incurred in the processing of that order to the date of cancellation.
5. Returned Goods
Goods once dispatched may be returned within 7 days and will be fully credited. After 7 days goods may not be returned without the Company's consent in writing. In any event where such consent is given a re- stocking charge of 33% of the purchase value of the goods will be made. Goods returned must be adequately identified and packed and sent carriage paid. The goods must be received in the same condition as at date of dispatch from the distribution warehouse.
The Company's goods are tested or examined before dispatch but are supplied without any warranty condition or guarantee expressed or implied that they are suitable for use under any special conditions or for any particular purpose although such condition or purpose may be known to the Company at the time nor in the absence of a specific guarantee in writing is any guarantee given as to the life or wear of the Company's goods. The Company will however repair or at their option replace goods in which defects under proper use and installation appear within a period of twelve calendar months after installation and which arise solely from faulty design, materials or workmanship other than design or materials made or specified by the Buyer, provided always that acceptable proof is rendered as to the date of purchase and any defective parts are promptly returned free to the Company's address. The provisions of the Sale of Goods Act 1979 and Unfair Contract Terms Act 1977 shall apply to this contract but this guarantee is given in lieu of all warranties or conditions and liabilities whatsoever implied by law, statute or otherwise, and in particular, without prejudice to the generality of the foregoing, the Company shall not be liable for loss of profit or goodwill of the Buyer or any other person arising, directly or indirectly, from any breach of this contract or for any other indirect or consequential damage whatsoever save as provided in this clause neither the Company nor it's servants and agents shall be under any liability whether in contract tort or otherwise howsoever, in respect of the goods or for any injury, damage or loss whatsoever and howsoever resulting there from or from any work done in connection therewith.
Prices are subject to alteration or withdrawal without notice. Orders can only be accepted subject to the condition that goods will be invoiced at prices ruling on the date of dispatch from warehouse unless otherwise stated on an official quotation of the Company. Unless otherwise stated prices are net ex works excluding VAT.
8. Fulfilment of Order
In the event that the original requested order is not available The company reserves the right upgrade the buyers order to the nearest available equivalent. Such an upgrade/amendment will be without charge to the buyer.
Delivery usually takes 3-5 working days and a date will be set at the time of order for someone to be home to accept their purchase.
Unless otherwise agreed delivery shall take place kerbside at the address supplied by the Buyer. If by reason of the Buyer's default the goods are not taken up or delivered by the date specified in the contract, the Company may either treat the contract as repudiated or alternatively store the goods at the Buyer's risk and expense.
Estimates of delivery dates and times are to be regarded as approximate only and the Company accepts no liability for any loss, injury, damage or expenses as a result of or consequent to any delay in delivery of goods.
Delay due to circumstances outside the control of the Company shall not entitle the customer to cancel any order or refuse to accept delivery. Offers for delivery from stock are made subject to goods remaining unsold on receipt of order.
Deliveries are Mon to Fri 8am - 6pm unless otherwise stated. Saturdays may be negotiated by special arrangement and cost.
Access and exit by artic vehicle may be required it is therefore the responsibility of the Buyer to inform the company should this not be possible due to inadequate turning, vehicle weight, width or height restriction. Delivery vehicle parking must be within close and safe proximity to the delivery address. The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliance by the Company with the Buyers delivery instructions. Failed deliveries are rechargeable at the full rate.
10. Unloading and Receiving Of Goods:
If and when required the Buyer shall provide all necessary assistance to the Company in unloading Goods at the point of delivery by way of a minimum two able-bodied helpers. It is the driver's responsibility to deliver the goods to within safe and practical distance to both themselves and the vehicle from the delivery point only and not into the delivery address. The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliance by the Company with the Buyers delivery instructions. Failed deliveries are rechargeable at the cost charged or incurred to the Company.
11. Property in the Goods
The property in Goods delivered under this contract shall not pass to the Buyer until their price and interest (payable pursuant to Clause 11), and any other, sum payable under this contract have been paid in full. Until actual payment of all such sums, the Buyer shall hold the Goods in the fiduciary capacity of bailee (and without prejudice to the generality of the foregoing, the Buyer shall store and mark the Goods in such manner that they shall be readily ascertainable as goods which are the property of the Company) provided that this shall not prevent the Buyer from selling and using the Goods in the ordinary course of his business until such permission has been withdrawn pursuant to Clause 11.
Risk shall pass when the goods are delivered kerbside to the Buyer. Goods shall be at the risk of the Buyer or their agent at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading, or at point of loading if the Buyer or a carrier/agent is collecting the Goods representing the Buyer. Delivery being defined as in Clause 8 above.
Payment may be made by credit or debit card, cleared cheque, bankers draft or cash. No deliveries or manufacture can take place until the company receives such payment. Should payment not made by such date or if the Buyer is in default as regards payment under this contract with the Company, the Company (without prejudice to its other rights) reserves the rights.
a) to suspend deliveries under this contract for so long as the default continues
b) to serve notice on the Buyer that if sums due under this contract are not paid within 14 days the Company shall be entitled to treat this contract as repudiated or
c) to sue for the price, notwithstanding that property in the Goods has not passed to the Buyer
After service of this notice described in (b) above, or on the occurrence of any of the circumstances described in Clause 12 as entitling the Company to treat this contract as repudiated, the Buyer shall not submit Goods to any process of manufacture, incorporate them nor mix them with other goods, nor change their nature in any way whatsoever nor shall the Buyer sell any Goods which are still the property of the Company to a third party until all monies due to the Company are paid.
Without prejudice to its other rights, the Company may by notice treat this contract as repudiated if: the Buyer enters into liquidation whether compulsory or voluntary (except for the purposes of a solvent reconstruction or amalgamation), or the Buyer becomes insolvent within the meaning of Section 61 (4) Sale of Goods Act 1979 or does any other act of bankruptcy as defined by Section 1 Bankruptcy Act 1914 or any act which would be an act of bankruptcy if the Buyer were an individual, or the Buyer makes any assignment to or agreement or composition with his creditors, or a receiver of the whole or any parts of the Buyer's undertaking is appointed, or a meeting is convened at which a resolution to wind up the Buyer will be proposed or on the passing of a resolution or the presentation of a petition to wind up the Buyer, or on any other event or default of any nature whatsoever which would cause the Company reasonably no consider that its property in the Goods or in their proceeds of resale by the Buyer may' be adversely affected, or that it is unlikely to be paid in full for the Goods. On such notice, all Goods which remain the property of the Company shall forthwith be redelivered to the Company at the Buyer's risk and expense and for the purpose of taking possession of such Goods the Buyer hereby grants to the Company's representative a license to enter upon its premises or any other premises where those Goods are stored during normal business hours to remove such Goods.
15. Part Payment and Resale
If not with standing the Buyer's default, the Company chooses to enforce this contract, it shall recover and sell only so many of the Goods as may be necessary to obtain the full purchase price interest and other sums due front the Buyer with such further sum as represents proper damages for the Buyer's breach of contract, any surplus Goods or funds obtained from such resale shall be passed on to the Buyer. If the Company chooses to treat this contract as repudiated, the Company shall repay to the Buyer any part payment of the purchase price of those Goods which remains after deduction of an amount representing damages for the Buyer's breach of contract. If the Buyer sells any Goods which remain the Company's property, the proceeds of resale and/or the claims to such proceeds shall at all times be held on trust for the Company and the Buyer shall pay all such proceeds into a bank account separate from all other monies and the Company shall account to the Buyer for any sums in excess of the price for the Goods and other sums payable under this contract.
16. Laws Applicable
Any contract subsisting between the Company and the Buyer shall be construed in all respects in accordance with the Laws of England and unless otherwise arranged is subject to the jurisdiction of the English Courts.
Clerical errors and omissions are subject to correction without notice.
18. Damage or Shortage
a) Goods are to be checked on delivery. Where goods are delivered by outside carrier's damage or part loss claims cannot be entertained unless the carriers and the Company is notified on the day of delivery and confirmed in writing within three days from date of delivery.
b) Where the Company delivers goods and a receipt of delivery note signed by the customer is received, the goods will be considered as examined and therefore the Company can entertain no claim for damage or loss.
c) The Buyer may not exclude this provision either by marking his signature 'unexamined' or by failing to return the signed delivery note or otherwise
- The Company shall not be liable for any claims made in respect of costs incurred in replacing or re-fixing damaged or faulty goods. The Company's liability is to replace damaged or faulty Goods or item only in accordance with Manufactures Guarantee.
- Flawed goods if fitted are deemed as accepted - The Company is not responsible for any loss or cost incurred should it agree to replace the flawed item. The customer is liable for replacement installation costs. This does not affect statutory rights.
Notices shall be in writing by email or sent to the address of the appropriate party set out on the face of this contract or to such other address as may from time to time (by notice to the other party) be designated, and notices shall be deemed to have been duly given:
- on the date of transmission if sent by email, telex telecopier, cable or telegram
- on the date of delivery if delivered by hand
- two days after the date of posting if sent by First Class Mail
In proving service by post it shall be sufficient to prove the envelope containing the notice was properly addressed, stamped and posted, and in proving service by telex, that the intended recipients answerback code is shown on the copy retained by the sender at the beginning and end of the telex.
20. No Waiver
No relaxation, forbearance, indulgence or delay by either party in enforcing any of the terms of this Agreement or the granting of time by either party to the other shall affect, prejudice or restrict the rights of the other party under this Agreement nor shall any waiver of any breach of this Agreement operate as a waiver of any subsequent breach.