In these conditions unless the context otherwise requires:
- Company means G & A Warburtons Ltd.
- Buyer means the person, or company buying the goods from the Company.
- Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
2.Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
- The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or
- The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.
- Payment for the products and/or services shall be stated on the invoice, quotation, tender documents. Monthly account customers are required to pay on the 20th of the month following invoice. Cash sale customers are required to pay in advance of goods being shipped.
- The Buyer agrees that the Price shall be determined by the Company.
- The Company reserves the right to implement a surcharge for alterations to to orders of products after the order has been placed.
4.Payment, Late Payment, Default of Payment and Consequences of Default of Payment
- The method of payment will be made by cash, credit card, cheque, direct credit, or by any other method as agreed to between the Buyer and the Company.
- Subject to any provision to the contrary in the Contract, payment shall be received on or before the 20th of the month following the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.
- Late payment shall incur interest at the rate of 5% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
- Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
- In the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
- the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
9.Reservation of Title
Ownership and title of the goods remains with The Company until the purchase price and all other monies owing by the Buyer to The Company have been paid in full.
The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any negligence on the part of the its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.
Any returns must be made within 7 days of delivery and discussed with the Company prior to the return.
All returned items must be accompanied with a copy of your receipt. Store credit or refunds will only be offered on the price paid for the goods i.e. freight charges will not be refunded.
For a full credit all returned items must be in original re saleable condition with all packaging and items undamaged. The Company reserves the right to charge a restocking fee up to 25% of the value of the goods.
The cost of return is the Buyers responsibility.
Display products are NOT returnable unless faulty. Contact MUST be made with the Company upon receipt of the goods (24 hours maximum) for any return of display items to be considered.