- Terms & Conditions of Sale
These terms and conditions of sale are for our retail and trade credit customers. Customers who purchase mail order via our web site should see our web site for applicable Terms and Conditions
In these conditions the following words shall have the following meanings:
The “Buyer” shall mean the company, firm, consumer or person seeking to purchase the Goods from the Company.
The “Company” shall mean Edwins Plumbing & Heating Supplies Ltd
The “Contract” shall mean any contract for Goods or Services made between the Company and the Buyer.
The “Goods” shall mean the products, articles or items to be sold by the Company.
The “Services” shall mean any services provided by the Company to the Buyer (whether or
not the Buyer shall purchase Goods or not)
Any price quoted by the Company is based upon current prices ruling as at the date appearing on the quotation, but the actual price charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company)
as at the date of order and shall include the cost of storage and insurance (if any) as per clause 5.3 below.
V.A.T. will be charged at the current rate.
Cancellation by the Buyer
There are three groups of products supplied by Edwins Plumbing & Heating
i) Stock products, defined as:- all products currently held in own stock.
ii) Non-stock products, defined as:- any product that is not held in own stock.
iii) Special/Bespoke products, defined as:- any product that is made to order
Special/Bespoke order products cannot be cancelled, returned or refunded and will be charged for in full.
Any non-stock products returned because they have been ordered incorrectly will be subject to a 25% restocking charge (and carriage charge where applicable).
Returned goods can only be accepted if they are within 4 weeks of delivery, in immaculate resalable condition, no attempt has been made to fit/install them and the packaging is free from ‘site damage’ (torn, paint, writing, tape).
Returns are accepted at the sole discretion of The Company.
3.1 Retail customers are responsible for ensuring that all goods are paid for in full, prior to delivery or collection. A 50% deposit is required to begin processing the order. Payment must be by cleared funds to avoid delay in receiving the Goods. The Seller shall not be bound to give up possession of the goods until it shall have received payment in cleared funds.
3.2 Credit account customers shall pay the full amount of all invoices within 30 days of receipt of such notice. The Company shall be entitled at its absolute discretion to withdraw credit at any time.
3.3 Time for payment of the goods shall be of the essence of the Contract. Accordingly if the Buyer fails to make any payment on due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries to the Buyer
3.4 The Company reserves the right to charge interest on all overdue accounts at the ‘statutory interest’ rate of 8% plus the Bank of England base rate (currently at 0.5%) for business to business transactions so statutory interest will be charged at 8.5%.
3.5 Payment of credit accounts by credit card will be subject to a 3% surcharge.
4.1 Any time or date stated on a written quote or order, or given verbally, is given as an estimate only. Time for delivery of the goods shall not be of the essence unless previously agreed in writing by the Company. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The company shall not be liable for any costs or other losses incurred by the Buyer, their agents or any other third party due to an installation schedule committed to by the Buyer prior to the Goods being received and checked. Any failure to take delivery by the Buyer shall be deemed to be a breach of the Contract.
4.2 The Company shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Signature of any note by an agent,
employee or representative of the buyer shall be conclusive proof of delivery. The Buyer must within 48 hours of delivery inspect the goods and immediately advise the Company of any damage for investigation. Quantities of goods supplied should be confirmed at point of delivery; subsequent claims for shortages will not be accepted. Risk of loss or damage to the Goods passes to the Buyer when the Goods are accepted by the Buyer, or the Buyer’s representative or agent.
4.3 The Buyer agrees to accept delivery within 2 months of the order being fully available. In the event of the Buyer not accepting the goods within this period, the Company reserves the right to charge storage and insurance of the goods at the rate of 2% of the total order value per month or part thereof.
Warranty and Liability
5.1 Once goods are accepted by the buyer manufacturers warranties become in force.
If the Goods are found to be defective any return carriage, delivery expenses and/or direct and predictable reasonable expenses incurred solely due to defective goods will be usually reimbursed to the Buyer upon provision of evidence of such expense. In the event of the Goods not being defective the Buyer will be liable to reimburse the Company / Manufacturer any reasonable expenses or costs incurred by the Company and/or it’s agents. The Company shall not be liable for any claim or claims relating to any breach of warranty expressed or implied after the warranty has expired. All warranties are the responsibility of the manufacturer.
5.2 The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this contract.
5.3 The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.
5.4 Although the Company offers comprehensive advice on the products supplied, the Company shall not be held liable for the suitability of goods, as full installation details cannot be determined at point of sale. All fittings purchased for installation
should be confirmed to be suitable by the Buyer and/or the Buyer’s installer.
The Company cannot be held responsible for any ordering errors once the order has been confirmed by the Buyer.
The Company shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of its obligations under the contract arising wholly or in part by reason of any factor beyond its direct control, such as the availability of goods from third parties.
Proper Law and Notices
All contracts made between the Company and the Buyer shall be governed by English Law and the Buyer shall submit to the jurisdiction of the English Courts. Any notice required to be given in writing under the Contract shall be given either by e-mail to the Company’s head office or by first class post addressed to the registered office and/or head office of the party for which it is intended.
These terms and conditions do not affect your statutory rights