Terms of Business
The following Terms of Business apply unless otherwise agreed in writing by the seller Workmask owned and operated by Nick Spalding Ltd, the company and the purchaser, the customer.
(Revised June 2020)
TITLE OF GOODS
Legal title in the goods shall pass to the customer only when the company has received payment for the goods in full.
Payment is accepted by cheque, credit card, debit card, cash, bank draft or direct bank transfer. Goods will only be despatched against cleared funds unless an approved customer credit account has been established. A surcharge may be applied to sales that are paid for by personal or company credit card or debit card. This surcharge will also apply to account payments by personal or company credit card or debit card. The customer will be notified of any such charge in advance of the sale or account payment. The company usually accepts payment in GBP british pound sterling. Other currencies may be accepted by special arrangement and surcharges may apply. The company will make an additional charge for dishonoured (unpaid) cheques.
Goods are supplied on account only to approved account holders. Terms are net 30 days from date of invoice. Account payments are accepted by direct bank transfer, cheque or cash (limits may apply). Payment may be accepted by personal or company credit card or debit card however surcharges will apply. The company can review the customer account status, suspend and/or terminate the account and raise or lower the credit limit without notice and for any reason. Lapsed accounts may be terminated without notice. In the event of default from our terms of business, the company shall be entitled to recover compound interest at the rate of 5% per month on outstanding indebtedness to the date of payment.
In addition to the company’s own dedicated credit control procedures, the company uses the services of a third party debt collection agency. Bad or doubtful debts or overdue accounts will be passed to the debt collection agency at the company’s discretion. The company will make reasonable endeavours to notify the customer, prior to such action being taken. Debts passed to the debt collection agency will incur significant additional costs and interest from the outset.
The company operates a sales order return system (SOR). An SOR number must be obtained from the company prior to returning goods. The SOR number will expire within fourteen days of issue. Details of the product, the suspected fault(s), the serial number(s), the purchase date and the sales invoice number on which they were purchased will be required. The customer will need to apply for a new SOR number after this expiry period. The SOR number must be clearly marked on the outside of the carton containing the goods. The company may refuse delivery of goods that are returned without authorisation. Items suspected to be faulty out of the box must be returned for inspection in the original condition and packaging. The company does not reimburse carriage costs incurred in the return of goods whether under warranty or not and may repair or replace any such articles at its discretion. The company reserves the right to apply a re-stocking charge of 15% for goods that were correctly supplied.
In addition to the detail under the returns/faulty goods section above, the following terms apply. Goods are sold in accordance with the manufacturers’ warranty, which may vary from one manufacturer to another. This detail should be checked by the customer prior to placing the order. Faulty out of the box products will normally be replaced if returned within a period of 14 days after purchase; however this is at the company’s sole discretion. Goods will not be replaced in any event if they are; not returned in the original packaging with both the item(s) and the packaging in pristine condition, complete with all internal packaging components accessories and manuals. In the event of user damage or misuse the goods will not be repaired under warranty. Goods returned beyond the 14 day period will not be replaced but repaired under warranty. In this case, the company and/or the manufacturer may charge to establish whether the fault is covered by warranty and may charge if there is no fault found. The manufacturer’s warranty normally commences on the date that the company invoices the goods to the customer. However, in some circumstances it may be agreed that the warranty will start from the date that the customer has sold the goods to the end user. In this situation, the company will require a copy of the customer’s sales invoice to the end-user detailing the product and serial number. This decision is solely at the company’s discretion. Goods must be returned to the company via the customer, not direct from the end user.
ERRORS, OMISSIONS AND DAMAGE IN TRANSIT
Incorrect goods, delivery shortages or damage in transit must be notified to the company within 24 hours of receipt of the order or invoice for the goods. Invoices are normally sent by email on the day of despatch of goods. If damage is apparent or suspected at point of delivery the carrier’s consignment note should be clearly marked accordingly and goods signed for as damaged. Non-receipt of goods should be notified to the company within three days of invoice date. Order confirmation will normally be emailed prior to despatch and the customer must notify the company of discrepancies so that they can be remedied prior to despatch. The company is not liable for errors, omissions and consequences of any kind if the goods are despatched in accordance with the order confirmation.
Items available from stock are normally despatched the same or next working day after receipt of order. Goods are supplied on an ex-works basis. The company shall not be liable to compensate the customer or any third party for claims occasioned by delays in completing the order or delays in transit. Unless otherwise requested part orders will be despatched with the balance to follow as soon as in stock although the company will liaise with the customer in this respect. A delivery note is sent with the goods and the invoice is sent separately via email.
Payment is accepted by direct bank transfer or bank draft in sterling. Other currencies will be accepted in accordance with the terms previously stated in the payment section of this document. VAT exemption is subject to the laws and codes of practice laid down by HMRC. If the company is in any doubt as to the exemption status of the transaction, VAT will be added to the sale.
PRICE, SPECIFICATION AND AVAILABILITY
The company reserves the right to alter specification, revise prices and withdraw products without notice. All products are subject to availability. All details should be confirmed at time of ordering. All prices exclude VAT. Whilst great effort is taken to ensure that product descriptions and specifications are accurate, the company does not accept responsibility for losses resulting in errors. Images used in our publicity are non-contractual.
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