TERMS AND CONDITIONS
Under the terms and conditions of sale set out listed below:
- a) “The Company” indicates “Go Worktops Ltd”
- b) ‘The Buyer” indicates the company, firm, establishment, individual or persons to which a quote is made or to whom items are sold by the Company.
- c) “Goods” suggest services or products supplied by the Company under this agreement.
Any type of order approved by the Company whether or not it is based on or results from this or any other quote or tender given by the Company is regarded to include these terms and conditions: No variation or alteration of or substitution for these terms (also if consisted of in or described in the record putting the order) will be binding on the Company unless specifically accepted by the Company in writing.
Cases we reserve the right to not accept an order:
( a) where products are not offered;
( b) where we can not get authorisation for your repayment;
( c) if there has been a pricing or product description mistake;
( d) if you do not meet any kind of qualification criteria laid out in our terms and conditions: or,
( e) for any other factor at our sole discretion.
- Validity of Quotation
Unless modified a quotation is open for acceptance for the period specified therein or where no period is specified for 30 days after the day thereof. The Company’s quotation is not an offer however simply an invite to the Buyer to make an order for goods under the terms and conditions of the quote.
- Confirmation of Orders and also Cancellations
Bespoke (custom made) orders accepted and approved by the Company may not be terminated unless the company exercises its right to do so. Cancellation of goods made to the buyers specification ordered cannot be accepted. This applies to all items considered professional by way of being specifically purchased, manufactured to order, bespoke, cut or unique in character for the consumer. Orders by telegram, telex, email, telephone etc are accepted by the company at the senders risk. Unless templating, all sizes are the responsibility of the buyer not the seller. On the occasion that the company agrees to approve a cancellation it reserves the right to recover any costs incurred in the handling of that order to the day of cancellation.
- Returned Goods
Product once dispatched may be returned by the buyers arrangement and expense within 7 days and will be refunded in full unless a restocking charge applies. attributed. Goods must be returned in their original packaginhg, in completely resalable order and once examined as such back into inventory they will be refunded accordingly. Goods may not be accepted back after seven days.
Hardwood worktop may not be accepted back after any period as it is withou guarnatee as to how the wood was stored during the period it was in the buyers care. Inappropriate storage, contrary to the Company’s advice could be the long term detriment of the intigrity of the wood and may cause warping..
The Company’s goods are checked before dispatch . The Company will however fix or at their choice replace items within a twelve month period should any item not perform according to their purchased purposes for reasons other than fair wear & tear. Acceptable evidence may be required as to the cause of the products failure.
The arrangements of the Sale of Goods Act 1979 and also Unfair Contract Terms Act 1977 shall apply to this contract yet this assurance is given in lieu of all service warranties or conditions and also responsibilities whatsoever indicated by regulation, law or otherwise, and in particular, without bias to the abstract principle of the foregoing, the Company shall not be accountable for loss of earnings or a good reputation of the Buyer or for any other indirect or substantial damages whatsoever as a result of loss to the buyer caused outwith the companies control. To included delays or damages by third party subcontractors.
Wood is considered a “breathing” product and requires particular handling & storage care prior to installation to avoid warping, bowing and so on i.e. Wood must be kept level inside at all times, batons are required for stacking and rotation is necessary if the wood will lay for more than 4 days. Wrapping serves as a Humidity barrier. The wood will require oiling/waxing. Timber should be kept out of direct sunshine or adverse conditions till installation. The wood should be stored flat for 48 hours within the same location that the installation will take place so as to balance the wood’s humidity. Varnishing or any kind of “poly” kind sealant is NOT suggested. Wood orders must be thoroughly checked on delivery for flaws/errors/ colour variations as cannot be considered after delivery. Colour variations generally darkening of the wood will occur several months after oiling/waxing.
VAT or delivery Rates may undergo change or withdrawal without notification. Orders will be invoiced at the rate of exchange on the date of delivery.
- Fulfilment of Order
In the event that the original requested order is not available The company reserves the right to upgrade the buyers order to the nearest readily available matching item. Such an upgrade/amendment will be without charge to the purchaser.
Unless otherwise agreed delivery shall occur kerbside at the address provided by the Buyer. If by reason of the Buyer’s default the goods are not taken up or supplied by the date defined in the agreement, the Company may cancel the agreement or as an alternative keep the items at the Buyer’s risk and expense. Delivery dates are based on a pre determination and realistic forcast though for sake of accuracy must be deemed approximate only. The Company accepts no obligation for loss, injury, damages or costs as a result of an unintended delay in delivery due to circumstances outwith their control. The Company will not cancellation, refund or reinbursment for such events.
Distributions are Mon to Fri 8am – 6pm. Saturdays could be negotiated by special plan as well as cost.
Accessibility and departure by artic vehicle may be required and is the duty of the client to notify the company in advance (minimum 24 hours before delivery) in order to organise an appropriate size vehicle if possible. Off loading of the Buyers goods must be as convieniantly close to the drop off address as possible. The Buyer will be responsible for any damages resulting for a failed and unrealistic delivery. Failed deliveries are rechargeable according to the carriers previaling rates.
- Dumping and also Receiving Of Goods:
The Buyer shall offer assistance to the driver who may be female and is not required by Health & Safety law to lift above 13kg. It is required that the Buyer provide 2 able bodied helpers for the discharing of their goods from the delivery vehicle. The Buyer should inform the company (minimum 24 hours before delivery) if they are unable to provide assistance to the driver.
- Title of the Goods
The title of the Goods supplied under this agreement will not pass to the Buyer up until their cost and interest (payable pursuant to Clause 11), and also any other, amount payable under this contract have been paid in full. Until then the Buyer shall hold the title of the Goods. The Buyer shall store the Goods in such manner that they will be readily available to the company should the company be moved to recover them from the Buyer.
The company’s risk shall pass when the items are delivered kerbside to the Buyer. Goods will then be at the risk of the Buyer or their agent Delivery being specified as in Clause 8 over.
Products not requiring an instalation service are payable in full at time of order. Bespoke products requiring installtion are payable in two stages: Minimum £250 or 10% of the order value if greater payable on order, followed by full balance after templating and before fabrication & production No deliveries or manufacture can take place until payment for the materials & fabrication costs are made.
Payment may be made by credit or debit card, cleared cheque, bankers draft or cash.. Should payment not made by such day or if the Buyer remains in default as regards repayment under this agreement with the Company. The Company reserves the right to:
- a) Suspend deliveries under this agreement for so long as the default proceeds
- b) to serve notification on the Buyer that any amounts due under this agreement are not paid within 14 days the Company can consider the agreement as repudiated or
- c) to demand any oustanding amount, notwithstanding that title of the Goods has not passed to the Buyer
After solution of this notification described in (b) over, or on the occurrence of any of the scenarios described in Clause 13 as qualifying the Company to treat this agreement as repudiated, the Buyer will not send Goods to process manufacture, integrate them, or add them with other goods, nor change their nature whatsoever. Nor shall the Buyer market any kind of Goods which are still the property of the Company to a third party up until all payment due to the Company are paid.
Without prejudice to its various other rights, the Company might by notice treat this contract as repudiated if: the Buyer participates in liquidation whether compulsory or voluntary (with the exception of the purposes of a solvent restoration or combinations), or the Buyer comes to be insolvent within the significance of Section 61 (4) Sale of Goods Act 1979 or does 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 job to or agreement or composition with his creditors, or a receiver of the entire or any parts of the Buyer’s task is designated, or a meeting assembled at which a resolution to end up the Buyer will certainly be proposed or on the passing of a resolution or the presentation of a petition to wind up the Buyer, or on other occasion or default of any nature whatsoever which would certainly cause the Company sensibly to take into consideration that its title in the Goods or in their proceeds of resale by the Buyer could be detrimentally impacted, or that it is unlikely to be paid completely for the Goods. On such notification, all Goods which stay the building of the Company shall suddenly be redelivered to the Company at the Buyer’s risk and also expense. Further, for the purpose of recovering and taking possession of such Goods the Buyer thus gives to the Company’s representative a access to recover its properties or at other facilities where those Goods are kept during typical business hours.
- Part Payment & Resale
If not with standing the Buyer’s default, the Company opts to impose this agreement, it shall recover as well as market only a lot of the Goods as may be essential to obtain the full purchase rate& interest along with all other amounts due front the Buyer with such further sum to correct damages for the Buyer’s breach of contract. Any surplus Goods or funds acquired from such resale will be passed to the Buyer. If the Company chooses to treat this agreement as repudiated, the Company shall pay back to the Buyer any part repayment of the acquisition price of those Goods which remains after reduction of an amount representing damages for the Buyer’s breach of contract. If the Buyer sells any kind of Goods which remain within the Company’s title, the profits of resale and/or the claims to such profits shall whatsoever times be held in trust for the Company and the Buyer shall pay all such earnings into a bank account different from all other cash and the Company will account to the Buyer for any type of amounts over of the rate for the Goods and various other amounts payable under this agreement.
- Laws Applicable
Any type of agreement subsisting in between the Company and the Buyer will be construed in all respects in accordance with the Laws of England as well as unless otherwise set up goes through the jurisdiction of the English Courts.
Clerical mistakes and also noninclusions are subject to adjustment without notification.
- Damages or Shortage
- a) Goods are to be examined at delivery. Where products are delivered by third party carriers the damages or component loss insurance claims can not be made unless the Buyer informs both Company and Carrier on the day of distribution and validates said claim in wreating within 3 days from date of shipment.
- b) Where the Company provides items and the buyer is responsible for the signing of the goods as received in good condition, it will be deemed that the goods were in fact checked upon arrival and the Company cannot accept respnsibility or claim at any later time or date.
- c) The Buyer may not omit this arrangement either by signing for goods ‘unexamined’ or failing or refusing to sign the delivery note. No later claim will be considered by the Company.
In the even that goods are received damaged the Company will not be responsible for any kind of claims made in respect of expenses sustained in replacing or re-fixing ruined or defective items. The Company’s obligation is to replace broken or faulty Goods in accordance with Manufactures Guarantee.
Flawed items if fitted are considered as approved – The Company is not responsible for any type of loss or price sustained once goods are accepted, fitted, cut or altered in anyway. The customer is accountable for removal & re-installtion costs. This does not affect statutory rights.
Notifications for all events both from Buyer & Company shall in writing by e-mail and may be confirmed or advised by telephone.
21. No Waiver
No leisure, forbearance, indulgence or hold-up by either event in applying any one of the terms of this Agreement or the granting of time by either party to the various other shall affect, prejudice or limit the rights of the various other event under this Agreement neither will any waiver of any kind of breach of this Agreement run as a waiver of any type of subsequent violation.