'We/Us/Our/Ours' refers to Poole Waite & Co Ltd of 3 Clerkenwell Road, London EC1M 5PE.
'Goods' means the products which the seller has agreed to supply to the purchaser in accordance with these Conditions.
'Purchaser' means the person whose order for Goods is accepted by Us.
2. Ordering Goods
Goods may be ordered in person by visiting Our showroom/trade counter or by telephone, facsimile, post or e-mail. We do not accept any liability for orders that do not reach Us for any reason.
The Purchaser shall be responsible for ensuring the suitability of any Goods before ordering as well as the terms of any order placed.
Consignments in excess of £200 prior to the addition of Value Added Tax (see also Condition 7) are delivered carriage paid on a next working day basis to mainland (as defined by the courier company) Britain. Next working day means Monday-Friday between 9.00 a.m. and 5.30 p.m. The delivery service does not include Saturdays and does not guarantee delivery by a particular time. These options are available at extra cost and should be specifically requested. Same day deliveries can also be arranged at extra cost.
4. Delivery Dates
All delivery dates quoted for items that are not in stock and/or manufactured to order are given in good faith based upon information provided to Us by Our suppliers. We do not accept any liability which may result from the late delivery of Goods whatsoever. This may include manufacturing delays, Goods lost in transit, delivery vehicle breakdown or accident, non-delivery by courier companies employed by Us, delays due to adverse weather conditions, industrial disputes, civil unrest, war or any other cause beyond Our control. We will not accept the off-setting of monies due or claims for compensation as a result of late delivery.
It should be noted that non-payment of outstanding monies may result in Us withholding the further supply of Goods. Notification in such an event may not be given (see also Conditions 8 & 12).
5. Short or Damaged Deliveries
Any shortfall in quantities between that stated on Our delivery note and the amount delivered must be notified to Us immediately (and no later than 3 working days following delivery) so We can investigate the claim. Similarly any damages must be reported within a maximum of 3 working days and the packaging should be retained for inspection by Us and/or Our couriers.
We reserve the right to review prices and discount structures at any time. Prices given in a quotation will be held for the time period stated and are based on the supply of the order as a whole. Selective ordering of Goods from a quotation or a reduction in the quantities required may affect pricing. In such circumstances, the Purchaser should obtain a revised quotation from Us.
7. Value Added Tax (VAT)
All prices are subject to the addition of Value Added Tax at the rate current at the time of dispatch.
All accounts are operated on a net monthly basis with payment due by the 28th day of the month after the invoice date. Any deviation from this schedule must be authorised by Us in writing. We must be notified in writing within 5 working days of receipt of an invoice of any discrepancies, errors, or any other reason that may cause a delay in payment.
We reserve the right to withdraw credit facilities at any time without the need to justify or explain Our decision.
Non-payment of monies will result in the first instance, in a cessation in the supply of further Goods. This is irrespective of the stage reached in a project.
We reserve the right to pass on all or part of any outstanding monies to a Third Party Debt Collection Agency.
We reserve the right to charge interest at 10% per annum above the Bank of England Base Rate on monies outstanding for periods in excess of 3 months. Court action may also be taken to recover monies outstanding for prolonged periods.
9. Returns / Refunds
Here at Poole Waite & Co Ltd we offer a 30-day money back guarantee, subject to the following conditions:
Please remember to include a copy of your sales order with the returns in order for us to identify you as the sender of the goods.
We will credit your payment card account within 14 days of receipt of the returned product.
Please note that we strongly recommend that you send the returns via insured carrier that is able to provide proof of delivery if required, as we will not be held responsible for goods that are lost in transit.
Please note that carriage costs are not refundable, and return carriage is payable by the customer.
In the unlikely event that the item you required is unavailable, we will contact you within 24 hours to confirm whether a full refund is required (which will be processed within a maximum of 48 hours), or confirmation that you are able to wait a further period for the goods to be despatched.
Damaged / Faulty Goods
In the unlikely event that products are supplied faulty, have been damaged in transit, or incorrectly delivered, please email email@example.com or call 0207 253 8117. Please bear in mind the following:
Items from our stock range will only be considerd acceptable for return if unused and in it's original, undamaged packaging. A handling charge may be payable to cover administration costs.
Bespoke items, or items specially ordered are not returnable for credit.
10. Ironmongery Schedules
Schedules produced by Us are Our interpretation of the Goods required. All schedules should be carefully checked by the intended Purchaser (or their agents) to ensure their requirements will be met. Changes in specification once orders have been placed will be subject to any additional costs arising. Similarly, where schedules are supplied to Us for pricing, it is the responsibility of the intended Purchaser or their agents to check the accuracy of all paperwork. Changes in specification once orders have been placed will be subject to any additional costs that arise.
11. Risk and Title
Risk in the Goods shall pass to the Purchaser or their agent when they take possession of the Goods. We retain ownership of the Goods (even though the risk has been passed to the Purchaser) until payment in full has been received. In the event of non-payment, we reserve the right to recover and re-sell the Goods. In order to achieve this, we may instruct an agent acting on our behalf to enter the Purchasers premises to reclaim the Goods. If the Goods have been sold on to a third party in either their original or a modified state, we shall be entitled to the proceeds thereof up to the amount outstanding in Our records. If the Goods are lost, stolen or otherwise disposed of by an insured Risk prior to payment, the Purchaser shall receive the proceeds of the insurance as a trustee on behalf of Us and make prompt payment of any monies outstanding to Us within 5 working days.
12. Delivery Program Termination
If We become aware of any circumstances that We consider may cast a doubt over the credit-worthiness of a customer part way through a delivery program, We reserve the right to call for the immediate payment of all outstanding monies and to continue the supply of Goods only if cash is paid in advance.
Materials supplied by Us carry whatever warranty the manufacturers have conveyed to Us and can therefore be passed on to the Purchaser. The original sales bill is required as proof of purchase. Excluded from this warranty are the effects of normal wear and tear and damage as a result of vandalism or any other form of improper use. Also excluded are items that have been incorrectly specified and are therefore unsuitable for the use intended. Incorrect installation and/or maintenance will also void any warranty claim.
Product finishes are expressly excluded from any warranty.
We reserve the right to return any failed Goods to the relevant manufacturer for a technical report on its malfunction. This includes any item carrying a 'lifetime guarantee'. We are under no obligation to provide an immediate free of charge replacement for the Goods. The manufacturers decision is final in respect as to whether to repair, replace or reject a claim.
Our liability is strictly limited to the original purchase price of the Goods and expressly excludes any claims for any form of consequential loss, damage or injury as a result of a component failure.
14. Product Description
All specifications, drawings and descriptions are intended to give a general overview of the Goods and should not be relied upon.
These conditions shall be governed by the Laws of England
Poole Waite & Co Ltd