Terms and Conditions:
INTERPRETATION In these Conditions:
BUYER means a person or Organisation whose order
for the Goods is accepted by the Seller.
GOODS means the products and materials which the
Seller is to supply to the Buyer in accordance with these Conditions.
SELLER means UK Scoreboards or Wootton Industries Limited.
THESE CONDITIONS means these standard terms and
Conditions of sale
CONTRACT means the Contract between the Buyer
and the Seller for the purchase and sale of Goods
WRITING includes facsimile transmissions and electronic
mail and comparable means of communication
BROCHURE means the Brochure in which the Goods
the subject of the Contract are described and advertised for sale
WEB SITE means the Web site which the Goods the
subject of the Contract are described and advertised for sale
BASIS OF THE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods:-
* as described in the Brochure or Web Site; and
* (Subject to paragraph 4) at the price specified in the Brochure
or Web Site, and
* subject to these Conditions.
2.2 These Conditions shall govern the Contract to the exclusion
of all other terms and Conditions subject to which any order is
accepted or purported to be accepted by the Seller. No variation
to these Conditions shall be binding unless agreed in Writing between
the Buyer and the Seller.
2.3 The Seller's employees are not authorised to make representations
concerning the Goods. In entering into any Contract, the Buyer acknowledges
that it does not rely on any such representations.
2.4 Any typographical, clerical or other error or omission in sales
literature, quotation, Example Designs and Price List, acceptance of the
order, invoice or other document or information issued by the Seller
shall be subject to correction without any liability on the part
of the Seller.
2.5 The parties agree that the Brochure (and any other sales literature
or Example Designs and Price List issued from time to time by the Seller)
constitutes an invitation to treat only. The Seller may at its absolute
discretion and without giving reasons refuse to accept any offer
made by the Buyer to purchase Goods, whether or not the Buyer shall
previously have purchased Goods from the Seller.
ORDERS & SPECIFICATIONS
3.1 The Buyer shall be responsible to the Seller for ensuring the
accuracy of the terms of any order submitted by the Buyer. The Buyer
understands and acknowledges that telephone orders may be recorded,
and that property in such recordings vests in the Seller.
3.2 The Seller undertakes to use its best endeavors to ensure that
the quality and description of and any specification for the Goods
shall be in accordance with those set out in the Brochure. However,
the Seller reserves the right to make changes in the specification
of the Goods in order to conform with any applicable statutory or
EC requirement or where such changes are dictated by current market
conditions, provided that such changes do not materially affect
the quality or performance of the Goods.
3.3 No order which has been accepted by the Seller may be cancelled
by the Buyer except with the agreement in writing of the Seller
and on terms that the Buyer shall identify the Seller in full against
all loss (including loss of profit), costs (including the cost of
all labour and materials used), damages, charges and expenses incurred
by the Seller as a result of cancellation.
PRICE OF THE GOODS
4.1 The price of the Goods shall be the price, which appears in
the Brochure or on the Web site. However, the Seller reserves the
right to increase the price of the Goods at any time.
4.2 If no reference is made in the Brochure or Web Site to Value
Added Tax, then the price is exclusive of any applicable Value Added
Tax, which the Buyer shall be additionally liable to pay to the
TERMS OF PAYMENT
5.1 The Buyer shall pay fifty percent of the price of the Goods
within fifteen days of the date of the Contract not withstanding
the fact that property in the Goods has not passed to the Buyer.
Time for payment shall be of the essence of the Contract.
5.1.1 Final Payment to the seller for the price of the goods shall
be paid the same day upon completion of the work undertaken.
5.2 The Seller reserves the right to grant, refuses, withdraw,
restrict, alter or cancel any of the terms of credit, which are
published in the Brochure or in any other publicity material.
5.3 If the Buyer fails to make the final payment on the due date
then without prejudice to any other right or remedy available to
the Seller, the Seller shall be entitled to: and
5.3.3 charge the Buyer interest (both before and after any judgment)
on the amount unpaid, at the rate of eight percent per annum above
Yorkshire Bank base rate for the time being.
6.1 The Seller will use its best endeavors to deliver the Goods
in accordance with the arrangements set out in the contract. However,
the Seller shall not be liable for any delay in delivery of the
Goods, however caused. Time for delivery shall not be of the essence
of the Contract.
6.2 Where the Goods are to be delivered in installments, each delivery
shall constitute a separate Contract and failure by the Seller to
deliver any one or more of the installments in accordance with these
Conditions or any claim by the Buyer in respect of any one or more
installments shall not entitle the Buyer to treat the Contract as
a whole as repudiated.
6.3 If the Seller fails to deliver the Goods for any reason other
than any cause beyond the Seller's reasonable control, the Seller's
liability shall be limited to the excess (if any) of the cost to
the Buyer (in the cheapest available market) of similar Goods to
replace those not delivered over the price of the Goods.
6.4 If the Buyer fails to take delivery of the Goods or fails to
give the Seller adequate delivery instructions then, without prejudice
to any other right or remedy available to the Seller, the Seller
6.4.1 store the Goods until actual delivery and charge the Buyer
for the reasonable costs (including insurance) of storage, or
6.4.2 sell the Goods at the best price readily obtainable and (after
deducting all reasonable storage and selling expenses) account to
the Buyer for the excess over the price under the Contract or charge
the Buyer for any shortfall below the price under the Contract.
6.5.0 As long as the item is unused, in the original packaging and returned within seven working days of reciept, you can return it by post using the address on our contact page. Returns of non-defective items may, at Wootton Industries Limiteds sole discretion, be accepted for return. NON-DEFECTIVE RETURNS MAY BE SUBJECT TO A 25% RE-STOCKING FEE.
6.5.1 ALL products being returned must be 100% complete and must be packaged in original packaging. All packing materials, manuals, blank warranty cards and other accessories and documentation must be included in the original packaging, as provided by the manufacturer. A return will not be processed, or a restocking fee may be charged in the event any item(s) included in the original shipment to you is not present in the returned package. Items sent for return consideration will be immediately denied and Wootton Industries Limiteds return policy will not be honoured in the event that a return shipment is received by us improperly packaged, altered or physically damaged.
6.5.2 Any discrepancies including, but not limited to, the following list will result in the package being returned to the customer and credit or replacement will NOT be issued.
6.5.3 The following criteria will be followed in rejecting returns and refusing credit:
Products which are improperly packaged
- Incomplete products (unless returned for repair as may only require faulty product - please check with Customer Service)
- Products with SERIAL NUMBER which does not match SERIAL NUMBER on package or invoice (Wootton Industries Limited maintains serial numbers when shipped)
- DAMAGES: Cracked components, dents, scratches, defacement, fair wear and tear or wilful damage
- Other items so labelled with a security seal broken will not be accepted for returned.
6.5.4 We strongly advise that you fully insure the items you are returning to us. This is for your protection, in the event the item(s) is are lost or damaged in transit. We suggest that you use a carrier with a tracking facilty that can provide you with "proof of delivery. Wootton Industries Limited shall not be responsible for items returned that are lost or damaged in transit. Postage and handling charges, both to and from our premises will be paid by you, the customer, and are non-refundable. Wootton Industries Limited may reimburse shipping charges related to the exchange of defective products.
RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer
at the time of delivery
7.2 Not withstanding delivery and the passing of risk in the Goods,
or any other provision of these Conditions, property in the Goods
shall not pass to the Buyer until the Seller has received in cash
or cleared funds payment in full of the price of the Goods and all
other Goods agreed to be sold by the Seller to the Buyer for which
payment is then due.
7.3 Until such time as the property in the Goods passes to the
Buyer, the Buyer shall hold the Goods as the Seller's fiduciary
agent and bailee, and shall keep the Goods separate from those of
the Buyer and third parties and properly stored, protected and insured
and identified as the Seller's property, but the Buyer shall be
entitled to resell or use the Goods in the ordinary course of its
7.4 Until such time as the property in the Goods passes to the
Buyer (and provided the Goods are still in existence and have not
been resold), the Seller shall be entitled at any time to require
the Buyer to deliver up the Goods to the Seller and, if the Buyer
fails to do so forthwith, to enter upon any premises of the Buyer
or any third party where the Goods are stored and repossess the
7.5 The Buyer shall not be entitled to pledge or in any way charge
by way of security for any indebtedness any of the Goods which remain
the property of the Seller, but if the Buyer does so all moneys
owing by the Buyer to the Seller shall (without prejudice to any
other right or remedy of the Seller) forthwith become due and payable.
The Seller shall be under no liability in respect of any defect
arising from fair wear and tear, willful damage, negligence, abnormal
working Conditions, failure to follow the Seller's instructions
(whether oral or in Writing), misuse or alteration or repair of
the Goods without the Seller's approval.
8.2 The Seller shall be under no liability if the total price of
the Goods has not been paid by the due date for payment.
8.3 Subject as expressly provided in these Conditions, and except
where the Goods are sold to a person dealing as a customer (within
the meaning of the Unfair Contract Terms Act 1977), all warranties,
Conditions or other terms implied by statute or common law are excluded
to the fullest extent permitted by aw.
8.4 Where Goods are sold under a consumer transaction (as defined
by the Consumer Transactions (Restrictions on Statements) Order
1976) the statutory rights of the Buyer are not affected by these
8.5 Any claim by the Buyer which is based on any defect in the
quality or condition of the Goods or their failure to correspond
with specification shall (whether or not delivery is refused by
the Buyer) be notified to the Seller within 7 days from the date
of delivery or (where the defect or failure was not apparent on
reasonable inspect on) within a reasonable t me after discovery
of the defect or failure. If delivery is not refused, and the Buyer
does not notify the Seller accordingly, the Buyer shall not be entitled
to reject the Goods and the seller shall have no liability for such
defect or failure, and the Buyer shall be bound to pay the price
as if the Goods had been delivered in accordance with the Contract.
8.6 Where any valid claim in respect of Goods, which is based on
any defect in the quality or condition of the Goods, or the failure
to meet specification, is notified to the Seller in accordance with
these Conditions, the Seller shall be entitled to replace the Goods
(or the part in question) free of charge or, at the Seller's sole
discretion, refund to the Buyer the price of the Goods (or a proportionate
part of the price), but the Seller shall have no further liability
to the Buyer.
8.7 Except in respect of death or personal injury caused by the
Seller's negligence, the Seller shall not be liable to the Buyer
by reason of any representation (unless fraudulent), or any implied
warranty, condition or other term, or any duty at common law, or
under the express terms of the Contract, for any indirect, special
or consequential loss or damage (whether for loss of profit or otherwise),
costs, expenses or other claims for compensation whatsoever (whether
caused by the negligence of the Seller its employees) which arise
out of or in connection with the supply of the Goods or their use
or resale by the Buyer, and the entire ability of the Seller under
or in connection with the Contract shall not exceed the price of
the Goods, except as expressly provided in these Conditions.
8.8 The seller shall not be liable to the Buyer or deemed to be
in breach of the Contract by reason or any delay in performing,
or any failure to perform, any of the Seller's obligations in relation
to the Goods, if the delay or failure was due to any cause beyond
the Seller's reasonable control. Without prejudice to the generality
of the foregoing, the following shall be regarded as caused beyond
the Seller's reasonable control
8.8.1 Act of God, explosion, flood, tempest, fire or accident,
8.8.2 war or threat of war, sabotage, insurrection, cry disturbance
8.8.3 acts, restrictions, regulations, bye-laws, prohibitions or
measures of any known kind on the part of any governments, parliamentary
or local authority,
8.84 import or export regulations or embargoes,
8.8.5 strikes, lock-outs or other industrial actions or trade disputes
(whether involving employees of the Seller or of a third party),
8.8.6 difficulties in obtaining raw materials, labour, fuel, parts
8.8.7 power failure or breakdown in machinery.
INSOLVENCY OF BUYER
9.1 this cause applies if
9.1.1 the Buyer makes any voluntary arrangement with its creditors
or (being an individual or firm) becomes bankrupt or (being a company)
becomes subject to an administration on order or goes into liquidation
on (otherwise than for the purposes of Amalgamation on or reconstruction),
9.1.2 an encumbrance takes possession, or a receiver is appointed,
of any of the property or assets of the Buyer, or
9.1.3 the Buyer ceases, or threatens to cease, to carry on business,
9.1.4 The Seller reasonably apprehends that any of the events mentioned
above is about to occur in relation to the Buyer and Notifies the
9.2 If this clauses applies then, without prejudice to any other
right or remedy available to the Seller, the Seller shall be entitled
to cancel the Contract or suspend any further deliveries under the
Contract without any ability to the Buyer, and if the Goods have
been delivered but not paid for the price shall become immediate
due and payable not withstanding any previous agreement or arrangement
to the contrary.
1 1.1 The Seller is a member of a group of compares and accordingly
the Seller may perform any of its obligations or exercise any of
its rights hereunder by itself or through any other member of its
group, provided that any act or omission of any such other member
shall be deemed to be the act or omission of the Seller.
1 1.2 Any notice required or permitted to be given by either party
to the other under these Conditions shall be in Writing addressed
to that other party at its registered office or principal place
of business or such other address as may at the relevant time have
been notified pursuant to this provision to the party giving the
1 1.3 No waiver by the Seller of any breach of the Contract or
these Conditions by the Buyer shall be considered as a waiver of
any subsequent breach of the same or any other provision.
1 1.4 if any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of these Conditions and the remainder
of the provision in question shall not be affected.
1 1.5 Any dispute arising under or in connect on with these Conditions
or the sale of the Goods shall be referred to arbitration by a single
arbitrator appointed by agreement.
1 1.6 The Contract and these Conditions shall be governed by the
laws of England, and the Buyer agrees to submit to the non-exclusive
jurisdiction of the English courts.