Terms & Conditions
Terms & Conditions
Thank you for choosing Northwest Hardware Limited’s (“the
Company”) Website. By browsing, visiting or using this Website you agree to be
bound by the following terms and conditions (including our general Terms of
Business). Together with our Privacy Policy, these terms form our entire
relationship in relation to this Website. The Company shall include references
to “us”, “Northwest Hardware” or “we”. The term “the buyer” or “you” refers to
the user or viewer of the Website.
General Conditions of Sale.
These Conditions shall apply to a contract (“the Contract”)
for the provision of goods by Northwest Hardware Limited (“the Company”).
1. Price and
payment
1.1 The price of the goods shall be at the
price ruling at the date of dispatch and shall exclude Value Added Tax.
1.2 The Company reserves the right to vary
the price of the goods without giving prior notice to the buyer.
1.3 Where no other terms of payment have
been specifically agreed in writing payment is to be made in full in cleared
funds within 28 days from the last day of the month of the invoice ('the Due
Date').
1.4 It is agreed that time is of the
essence for making payment of the price under the Contract and all other sums
due hereunder. If the buyer fails to make payment on the Due Date then without
prejudice to any other right or remedy available to the Company, it shall be
entitled to:
1.4.1 Cancel the Contract and/or suspend any
further deliveries to the buyer; and
1.4.2 Charge interest to the buyer in accordance
with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998
(as amended)
2. Delivery and
returns
2.1 Any dates quoted for delivery of the
goods are approximate only and the Company shall not be liable for any loss
suffered by the buyer arising from any delay in the delivery of the goods.
2.2 Carriage will be paid on all online orders
to mainland UK in excess of £200 (£250 for non-website orders). Carriage will
be charged on all other orders.
2.3 Delivery shall take place and risk
shall pass to the buyer upon the earliest of the following:-
2.3.1 The Company handing the goods to the buyer
or its agent at the Company's premises, or
2.3.2 The goods leaving the Company's premises,
or
2.3.3 On the 7th day following notification to
the buyer that the goods are ready for dispatch.
2.4 The buyer shall within 7 days of the
date of the invoice, notify the Company of any alleged defect damage, failure
to comply with description, delivery failure or discrepancy or any missing
items, components or products. If the buyer shall fail to comply with these
provisions the goods shall be conclusively presumed to be in accordance with
the Contract free from any defect or damage and the buyer shall be deemed to
have accepted the goods
2.5 The buyer shall be responsible for
obtaining all necessary licences and permissions for the import of the goods
into the country of destination
2.6 Except Specials, goods which are to be
returned must be notified to the Company as soon as reasonably practical.
Returns shall only be accepted in the Company's absolute discretion and a
handling charge of 20% of the price shall be levied against any returns except
where the Company has dispatched the goods incorrectly and the goods are
returned to the Company in the same condition as they were dispatched
3. Specials
Specials
are items which are not normally stocked by the Company or items which are
subject to locksmith work such as keying alike, master keying and key cutting.
Specials are subject to additional carriage charges and a delivery time up to
12 weeks from the date that they are ordered from the manufacturer. Specials
may not be returned and once ordered cannot be cancelled or amended.
4. Liability
4.1 The Company shall be under no liability
in respect of any defects arising from the buyer's negligence, abnormal
conditions, failure to follow the manufacturer's instructions, misuse,
alteration or repair of the goods.
4.2 Except in respect of death or personal
injury caused by the Company's negligence the Company shall not be liable to
the buyer by reason of any representation or any implied warranty condition or
other term or any duty at common law or under the express terms of the Contract
for any consequential loss or damage (whether for loss of profit or otherwise)
costs expenses or other claims for consequential compensation whatsoever (and
whether caused by the Company's negligence or that of its employees or agents
or otherwise) which arise out of or in connection with the supply of goods or
their use or resale by the buyer except as expressly provided in the Conditions
4.3 Subject as expressly provided in these
Conditions all warranties conditions or other terms implied by statute or
common law are excluded to the fullest extent permitted by Law
4.4 The buyer shall indemnify the Company
against all claims, losses, costs and expenses made against or suffered by the
Company arising from or incurred by reason of any loss injury of damage
suffered by a third party and arising out of the buyer's use of the goods
4.5 The Company's liability hereunder for
any delay in performing or any failure to perform any of its obligations in
relation to the contract shall be limited to the price of the goods.
5. Title and risk
5.1 Risk of damage to or loss of the goods
shall pass to the buyer upon delivery of the goods in accordance with clause 2
above
5.2 Notwithstanding delivery and the
passing of risk in the goods or any provision of these Conditions the legal and
beneficial title to the goods shall not pass to the buyer until the Company has
received in cleared funds payment in full of the price and VAT and the price of
all other goods agreed to be sold by the Company to the buyer for which payment
is then due
6. Termination
Without
prejudice to any other right or remedy available to the Company, it shall be
entitled to cancel the Contract or suspend any further deliveries under the
Contract without any liability on its part in the event that the buyer makes
any arrangement with its creditors, becomes insolvent or the Company reasonably
believes that it may do so.
7. Force majeure
The
Company shall not be liable for delay or non-delivery by reason of (but without
limitation) acts of God, lock-outs, labour disturbances, stoppage or other
action by employees or third parties in contemplation or furtherance of any
dispute or owing to any inability to procure products required for the
performance of the Contract, riots, malicious damage, civil commotion, trade
disputes, government action, fire, floods, drought, break down of machinery, war
or any other cause beyond the Company's control
8. General
8.1 If any provisions of these Conditions
is held by any competent authority to be invalid or unenforceable in whole or
in part then such provisions shall apply with such modification (if possible)
as may be necessary to make it valid and effective and the validity of the
other provisions of these Conditions and the remainder of the provisions in
question shall not be affected thereby
8.2 Except as otherwise provided nothing in
this Contract shall confer on any third party any benefit or the right to
enforce any terms of this Contract
8.3 The buyer shall not be entitled assign
the benefit of the Contract
8.4 The Contract shall be governed by the
Laws of England and subject to the jurisdiction of the English Courts
