Whitten Metalworks

Terms & Conditions

ACCOUNT PAYMENTS- 30 DAYS
NON-ACCOUNT CUSTOMERS- 40% with order, balance on completion

All quotations are valid for 4 weeks only. Prices and delivery are subject to availability of material and could change at time of order.

Basis of the Sale

The seller shell sell and the buyer shell purchase the goods in accordance with any written quotation of the seller, Whitten Metalworks which is accepted by the buyer, or any written order of the buyer which is accepted by the seller, subject in either case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any question is accepted or purported to be accepted, or any such order is made, by the buyer. No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the buyer and the seller.

The seller employees or agent are not authorised to make any representation concerning the goods unless confirmed by the seller in writing. In entering into the contract the buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

Any advice of recommendation given by the Seller or its employees or agents to the Buyer as to the storage application or use of the Goods which is not confirmed in writing by the seller is followed or acted upon entirely at the buyers own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not confirmed. Any typographical, clerical or other error or omissions in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the Seller.

General

All orders are subject to these conditions of sale and the placing of an order by a buyer shall be considered as an acceptance of these conditions. These conditions may not be modified varied unless Whitten Metalworks agrees in writing and the company shall not be deemed to accept such other conditions nor wave any of these conditions by failing to object to provisions contained in any purchase order or other communication from the buyer. No persons has authority on behalf of the Company to vary any condition except a Director or the Company Secretary, and then only in writing signed by a Director or the Company Secretary.

New Accounts

Prospective customers wishing to open a credit account are requested to furnish two trade references and one Bankers reference. Until the opening of a credit account has been confirmed a remittance should accompany the order.

Settlement Terms

Accounts are payable within 30 days of delivery. Where credit terms are exceeded the Company reserve the right to demand immediate payment of the account in total. The Company reserved the right to refuse credit at any time and demand immediate payment of all monies outstanding. The Company at its discretion reserves the right to charge interest on accounts outstanding beyond the time specified in this condition. The rate of interest shall be 3% per annum over the HSBC plc base-lending rate from time to time in force. The Company can exercise the right in addition to any other rights it may have in respect of the Goods or non-payment. Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment delivery or part shall be made as if the same constituted a separate contract.

Prices

Unless otherwise agreed in writing all orders are executed subject to prices ruling at the date of despatch and any price list of the company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.

Credit

Any contract shall be subject to the Company being satisfied as to the Buyer's credit worthiness and without prejudice to the generality of the foregoing, the Company may, in its absolute discretion, having informed the Buyer that the goods are ready for delivery refrain from delivering the goods until such a time as the Buyer tenders the purchase money to the company in a form satisfactory to the Company.

Orders

Until such time as property in the Goods passes to the Buyer the buyer shall hold the goods as the sellers fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and the third parties and property stored, protected and insured and identified as the Seller's property. Until that time the Buyer shall be entitled resell or use the goods in the ordinary course of its business but shall account to the Seller for the proceeds of the sales or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and the third parties and, in the case of tangible proceeds property stored protected and insured. Until such 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 premises of the Buyer or any third party where the Goods are stored and repossess the Goods. 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 monies owing to the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith becomes due and payable.

Special Notes

Please take note of any special notes detailed on your quotation with regard to any special arrangements or exclusion to what is covered in the quotation, signing to accept the quotation assumes you have read and understood the details of the quotation, if you have any questions please feel free to call us on 0208 123 7555 to discuss the quote

Drawings for Approval

Where appropriate we will endeavour to provide AutoCAD drawings prior to fabrication for your approval, Confirmation of these drawings provides your acceptance of the design and measurements detailed in the received drawing. Any amendments after this confirmation has been received may incur an additional charge.

Carriage

Carriage will be charged subject to delivery area and size of the product. Carriage is normally included in our quotation, if not we will advise that delivery is not covered.

Returns

Goods correctly supplied may not be returned without the Company's written agreement. Goods so returned must be consigned carriage paid and accompanied by a packing note stating the Company's invoice number and date thereof together with the reason for return. Any article which has been supplied to special requirements cannot be accepted for credit under any circumstances, and in other instances a re-stocking charge may be imposed.