TERMS AND CONDITIONS OF BUSINESS
Unless otherwise specifically agreed in writing every offer quotation, acceptance and contract for the sale or supply of goods (including services ancillary thereto) by the Company shall be subject to these Conditions and any relaxation or indulgence which the Company may extend to the Customer shall in no way prejudice or operate as a waiver of the company’s rights hereunder.
All quotations are given subject to confirmation by the Company upon receipt of the Customer’s order and no contract shall be concluded until such confirmation is given or the Customer’s order is otherwise accepted. The Company shall be entitled absolute discretion to refuse to accept any order.
Prices quoted are those ruling at the time of the quotation and are subject to increase thereafter to allow for an increase in costs of labour and/or materials which may occur before delivery.
If a delivery period is specified in the contract it shall commence on the date upon which the Company confirms or accepts the Customer’s order, or (if later) when the Company receives any further information from the Customer which shall be supplied promptly, which may be necessary for the contract to be proceeded with. The delivery date or period specified in the contract shall not be binding on the Company will use it best endeavours to deliver by such dates or within such periods it shall not be liable in any way for failure to do so.
Where no other terms of payment are agreed, payment of goods shall be made within 7 days of the date of the Company’s invoice. If the customer fails to give delivery instructions within seven days of being required to do so by the Company payment shall be due forthwith and the Company shall be entitled (but not bound) to store the goods at any available place and at the Customer’s expense if payment is not received within 7 days then any discount agreed will be forfeited.
The Company’s specifications, drawing, descriptive matter, weights and dimensions are approximate only and none of these shall form part of the contract.
The Company will install the goods at the premises nominated by the Customer as specified in the contract and the Customer shall give to the Company all necessary access and facilities for the installation work (including arrangements for Customer’s staff to be available as and when required). If the Customer fails to provide any agreed facilities within seven days of delivery of the goods to the premises the contract price shall become due forthwith. The Customer will indemnify the Company against any liabilities, claims or costs which the Company may suffer by reason of injury to person or property of employees of the Company or any other person occurring while they are on the Customer’s premises unless such injury is caused by the fault or negligence of the Company.
8 Conditions and Warranties
The Company shall be under no liability in respect of the quality, condition or description of the goods or their fitness for any particular purpose for delay in the manufacture or delivery of the goods or for any loss, damage, injury or death howsoever caused to the Customer or any other person or and any term, condition or representation to the contrary whether expressly excluded. The Company shall use its best endeavours to pass on to the Customer the benefit of any warranty or guarantee given by the manufacturer or supplier of the goods and shall if so requested by the Customer at the Customer’s expense take all reasonable steps to enforce any such warranty or guarantee against the manufacturer or the supplier of such goods.
Payment for the goods shall be due immediately on receipt. Unless the Company (“Whiteleys Office Supplies Ltd.”) shall otherwise specify in writing, all goods sold by the Company shall be and remain the property of the Company until the Customer (“purchaser of the goods”.) shall have paid all that is owing to the Company in respect of or arising from or in connection with the sale of the goods under this agreement. The Customer shall hold the goods as bailee of the Company and shall keep the goods separate and clearly identifiable as the Company’s property.
In the case of resale of the goods authorised by the Company in writing, the Customer shall be deemed Company’s agent and fiduciary with a duty to keep the proceeds of any resale separately and to account on respect thereof for any sums owing under the preceding Payments Clause.
Notwithstanding the goods remaining the property of the Company pursuant to the preceding Payment Clause the risk in the goods passes on delivery to the Customer or at its discretion.
The Customer agrees that whilst the goods remain the property of the Company the Company may at any time enter upon the premises of the Customer (and the Customer shall procure at its own cost a similar right of entry to premises to which the goods may have been delivered) and remove the goods therefrom provided always that no entry and removal pursuant to this clause shall vary the contractual position between the Company and the Customer.
13 Loss or Damage
The Company will repair or at its option replace free of charge any part of the goods lost or damaged in transit, provided the Company and the carrier are given written notice of such loss or damage within the time required by the carrier’s conditions of carriage or, where delivery is made by the Company’s own transport, 3 days after receipt of the advice note.
14 Insolvency or Default
If the Customer shall commit any breach of the Conditions or be or become insolvent or unable to pay his debts or commit any act of bankruptcy or (being a limited company) go into liquidation other than a voluntary liquidation for the purpose of amalgamation or reconstruction only or have a Receiver appointed of its undertaking or assets or a substantial part thereof the Company may without notice suspend or determine the contract or the unfulfilled parts thereof and stop any goods in transit without prejudice to any other right or remedy which the Company may lawfully enforce or exercise.
15 Service of Notices
Any notice required to be given hereunder shall be in writing and shall be sufficiently served upon the Company by sending it by post to the Company’s address as stated overleaf or upon the Customer by sending it by post to his last known address or leaving on the premises to which the goods have been delivered.
16 Applicable Law
The contract shall be governed construed and enforced according to English law.
We reserve the right to impose a charge of 50% of sale value of cancelled orders.
18 Your right to privacy is very important to you and to us
We recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe that this information should only be used to help us provide you with a better service. That’s why we have put a policy in place to protect your personal information.
19 Protecting your privacy
We will take appropriate steps to protect your privacy. Whenever you provide sensitive information, we will take reasonable steps to protect it. We will also take reasonable security measures to protect your personal information in storage.
20 Legitimate use of details
We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that we use for the purposes of delivering specific services to you (e.g. delivery of your goods).
21 Third Party Sites
Links to third party sites may appear on this site. Since we do not control those web sites, we encourage you to review the privacy policies of such third party sites.
22 Data storage in the U.K.
Any information that we need to store and process will be carried out on databases located in the UK.