'The Seller' means Wenban-Smith Ltd.
'The Buyer' means the credit account holder or person who buys or agrees to buy goods from the Seller.
Nothing within these Terms and Conditions of Sale affect the Buyer's statutory rights as a consumer.
All contracts of sale made by the Seller shall be deemed to incorporate these Terms and Conditions of Sale, which shall prevail over any other document or communication from the Buyer.
Acceptance of delivery of goods shall be deemed conclusive evidence of the Buyer's acceptance of the Terms and Conditions herein.
Manufacturing suppliers and construction methods may be subject to change without notice.
The Price shall be that on the Seller's current list price. All prices are exclusive of VAT and relevant delivery charges, which shall be paid in addition.
Quotation Prices indicated by the Seller may be subject to change before the Buyer confirms the order.
Standard payment terms for Buyers with agreed credit accounts are net monthly.
For customers with 7 day accounts, payment must be made in full no later than 7 working days after delivery or collection.
Orders from Buyers who do not have an agreed credit account will only be accepted against prepayment in full.
Orders for non-stock items by any Buyer, whether an agreed credit account holder or otherwise, will only be accepted against prepayment in full and such orders cannot be cancelled without the express permission of the Seller.
The seller reserves the right to charge interest on a daily basis from the date payment is due until the date payment is received. The basis of the interest will be 3% above Barclays Bank PLC Base Rate from time to time in force.
Any extension of time to pay shall not be effective unless agreed to in writing by the Seller.
All costs incurred in recovering overdue debts including, without limitation, legal expenses will be payable by the Buyer.
The Seller may terminate this Agreement and/or withhold further supplies in the event of amounts payable being overdue, breach of any of these Terms and Conditions of Sale or any other reason which at the reasonable discretion of the Seller warrants such action.
Title to any goods supplied at any time to the Buyer by the Seller remains with the Seller until payment in full for any and all such goods, and all other amounts whatsoever due from the Buyer to the Seller, has been made in full by the Buyer.
Until such a time as the title passes to the Buyer, the Buyer holds any goods supplied as a fiduciary agent and bailee of the Seller and shall keep said goods in good and satisfactory condition and separate from the Buyer's and any third parties' goods.
The delivery of the goods to the premises designated by the Buyer.
The Buyer signing for and collecting the goods from the Seller's premises.
Delivery of goods shall be made to premises identified to the Seller by the Buyer and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
Whilst every reasonable effort shall be made by the Seller to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure by the Seller to meet an estimated delivery date.
Wood is a natural product that is prone to natural defects over time, which cannot be attributed to the Seller.
On delivery to premises identified by the Buyer or collection from the premises of the Seller, goods are to be examined by the Buyer before signing to acknowledge receipt.
The buyer's signature of receipt shall be deemed conclusive evidence that the goods delivered are of satisfactory quality.
Clause 7.1.c.ii above shall not apply if the Buyer finds damage or defect subsequently and notifies the Seller within 48 hours of delivery. The Seller must then examine the alleged damage or defect and decide whether a refund is appropriate.
The decision whether to award a refund in the instance of Clause 7.1.c.iii remains entirely at the discretion of the Seller.
The Buyer returns the goods to the Premises of the seller or arranges collection by the Seller, at the Buyer's full expense, within 28 days of receipt of the goods.
Any returns and refunds under Clause 7.2 are subject to examination of the relevant goods by the Seller and remain entirely at the Seller's discretion.
A refund may only be provided with express agreement of both the Seller and the Seller's supplier of the relevant product or products.
Any agreed refund is further subject to the standard handling fees of the Seller's respective supplier of the product or products in question.
For returns under Clauses 7.1 and .2, the Buyer is liable for the cost of any damage sustained, costs incurred or any other loss arising from returning goods to the premises of the Seller.
The Seller shall not be liable for any delay in meeting, or failure to meet its obligations under these Terms and Conditions of Sale due to any cause outside its reasonable control including but not limited to Acts of God, War, Malicious Acts of Damage, Acts of any Government Authority, Strikes, Lock-outs, Fire, Flood and Failure of third parties to deliver goods.
All contracts under these terms and conditions shall be governed by and construed within the Laws of England and Wales and all disputes shall be submitted to the non-exclusive jurisdiction of the English Courts.
Any person who is not a party to a contract shall have no rights under the Contract (Rights of Third Parties) Act 1999.
Any provisions of these terms and conditions of sale which in any way, now or subsequently, contravene the law shall be deemed severable and shall not affect the validity or enforceability of any other provisions herein.