In these Sale Terms:
“We” and “Us” means Wythall Roofing Centre Limited and its employees and agents and “Our” shall be interpreted accordingly.
“You” means the person, their employees and agents seeking to purchase Goods from Us and “Your” shall be interpreted accordingly.
“the goods” means the goods and/or services to be supplied by Us.
“the terms” means these terms and any special terms agreed in writing between You and Us.
“the Contract” means the contract for the supply of goods incorporating these Terms.
All orders are accepted by Us only under these Terms and they may not be altered without Our written agreement. Any contrary or additional terms unless so agreed are excluded.
Quotations are invitations to treat only and shall lapse 30 days from their date. You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable drawing or specification provided by You and for giving us any necessary information relating to the goods within a sufficient time to enable Us to perform the Contract in accordance with its terms.
Our quotations and prices are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of the goods at the time of delivery by such amount as may be necessary to cover any increase sustained by Us after the date of acceptance of Your order and any direct or indirect costs of making, obtaining, handling or supplying the goods. Prices quoted are applicable to the quantity specification delivery dates and information provided by You. If the order placed varies or delay is causes by Your instructions or lack of instructions We shall be entitled to adjust the price.
Unless the sale is a “cash sale” or other credit terms have been agreed in writing all accounts are due for payment on the last day of the month following the month in which the goods are delivered. We reserve the right to refuse to execute any order or contract if the arrangements for the payment are or Your credit is not satisfactory to Us and in our sole discretion We may require payment for each consignment when it is available and before it is despatched in which case delivery will not be effected until We are in receipt of cleared funds.
You may not withhold payment of any invoice or amount due to Us by reason of any right of set off or counterclaim which You may have or allege to have for any reason whatsoever. We shall be entitled at all times to set off any debt or claim of whatever nature which We may have.
If You fail to pay any invoice or sum due to us under any contract on the due date all sums outstanding between You and Us shall become immediately due and payable and We shall be entitled to claim interest and You shall reimburse Our costs including legal costs on an indemnity basis which we incur in enforcing this Contract including but not limited to recovery of any sums due.
DELIVERY AND COLLECTION
Delivery will be effected when the goods leave Our premises or the premises of Our suppliers when the goods are delivered direct from supplier to You.
Delivery dates are given in good faith but are estimates only. Unless otherwise agreed time for delivery shall not be of the essence of the Contract.
We shall not be liable for any loss, damages, costs or expenses of any kind whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from any delay in delivery of the goods or failure to deliver the Goods in a reasonable time. If we fail to deliver the Goods Our entire liability shall be limited to the excess (if any) over the price of the Goods, of the cost to You of similar goods to replace those not delivered.
a) make additional charges for failed delivery
b) store the Goods at Your risk and costs
c) invoice You for the Goods
d) terminate this Contract without liability on Our part
e) recover from You all costs and losses incurred by UsWe reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment. Any claim which You may have in respect of one instalment shall not affect Your liability in respect of any other instalment.You must provide the necessary labour for unloading the goods and unloading is to be completed with reasonable speed.We shall deliver the goods as near as possible to the delivery address as a safe hard road permits (ie. Kerbside delivery) We reserve the right to refuse to deliver/collect the Goods to premises considered in the discretion of the driver to be unsuitable. If the driver is requested to enter on to private land then it will become the sole responsibility of that person to indemnify us against the cost of any accidental damage that may occur as a result of such a requested manoeuvre.If goods are to be deposited other than on Your private premises You shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection at all times of persons or property and will indemnify Us in respect of all losses, damages, costs and expenses We may incur as a result of such delivery whether on the public highway or elsewhere.
INSPECTION – BREAKAGES – SHORTFALL
We strongly recommend you order an extra 5% to offset any wastage during transport or installation.
Roof Tiles/Slates and Associated fittings should be considered fragile and we cannot accept any claims for breakages that fall below 5% of the quantity delivered.
You shall inspect the goods at the place and time of unloading You must give us notice within 3 working days of any claim for short delivery or breakages. Photographic evidence is required. Any liability for short delivery is limited to making good the shortage.
Returns are subject to a 20% restocking charge. Fibre cement slate products and special orders are non-returnable.
Goods to be returned which require collected by WRC may also be subject to a collection charge. Only goods returned in saleable condition can be accepted for credit.
TITLE AND RISK
Risk in the Goods shall pass to You when goods are delivered. The title to the goods shall remain with Us until You pay the price of the goods and any other sums outstanding between You and Us whether in respect of this Contract or otherwise. We shall be entitled at any time to recover any or all of the goods to which We have title and for that purpose We may with such transport as is necessary enter upon any premises occupied by You or to which You have access and where the goods may be or are believed to be situated.
If You are an individual or a group of individuals, You agree that We may:
a) seek, hold and process any information obtained about You as a result of applications You have made to Us for credit and with this or any other contractor agreement You may have with Us.
b) use this information for credit assessment purposes and to administer and operate the credit account granted to you and to monitor and analyse the conduct of that credit account and to assess your credit limited.
We will not disclose any information we hold about you accept to licensed credit reference agencies, other suppliers, and creditors to help us and others make credit decisions, to help prevent or detect fraud or other crimes and to trace debtors, on a confidential basis to our agents and sub-contractors, to insurance companies for the purposes connected with insurance products that relate or might relate to your credit account, to any person to whom we propose to transfer our rights and/or responsibilities under this Contract and to the extent we are required or permitted to do so by law.