1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? We have assumed that this catalogue will be used by business customers only and these terms apply to business customers only. If you are a consumer (i.e. an individual buying products for personal use and not in the course of your business, trade or profession) then please view our terms and conditions for consumers online at https://www.beaverswood.co.uk/terms-conditions.
1.4 This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty
made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Beaverswood Supply Co. Limited a company registered in England and Wales. Our company registration number is 01784234 and our registered office is at Goldoak House, Oaklands Business Centre, Oaklands Park, Wokingham, Berkshire, RG41 2FD. Our registered VAT number is 303311075.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0118 979 6096 or by writing to us at email@example.com or Goldoak House, Oaklands Business Centre, Oaklands Park, Wokingham, Berkshire, RG41 2FD.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we confirm acceptance of it by phone or in writing, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Furthermore, if you have requested installation services, we reserve the right to refuse your order if a site inspection or other factors reveal unexpected conditions.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website and in our catalogue are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or a picture in our catalogue accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please note, however, that we are unable to make any changes to non-standard products which are being made to your specification once you have ordered them.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7. Providing the products
7.1 Delivery costs. Delivery costs are variable depending on weight and location. Delivery costs will be as set out in our catalogue or as otherwise told to you during the ordering process.
7.2 When we will provide the products.
(a) If you have not requested installation services from us, we will deliver the products to you as soon as reasonably possible. We offer a next day delivery service on certain standard ‘off-the-shelf’ products. If you place your order before 3pm on a working day, we will use our reasonable efforts to deliver the products the next working day, however, delivery times are estimates only.
(b) If you have requested installation services from us, we will deliver the products and begin the installation services on the date agreed with you during the order process.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at the delivery location when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through a letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 If you do not allow us access to provide services.
We require unobstructed access to the installation site between 8.00 a.m. to 6.00 p.m. each working day of installation. If you do not allow us access to the site to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the site we may end the contract and clause 10.2 will apply.
7.7 We require a project manager for installation services.
If you have paid for installation services, we require a named project manager available to resolve any problems that may arise during the entire installation period.
7.8 Health and safety requirements for installation services.
We need to be advised of all health and safety requirements at your premises two weeks prior to the installation date.
7.9 Cold store conditions.
In cold store installations, you must provide suitable clothing for the installers, failing which we may refuse to carry out the installation.
7.10 When you become responsible for the goods.
The products will be your responsibility from the time we deliver them to the address you gave us.
7.11 When you own goods.
You own a product once we have received payment in full (in cash or cleared funds) for all products and services ordered by you from us.
7.12 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, a specification of the products required. If so, this will have been stated
in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clauses 5 and 6).
7.14 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15 We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 12.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of all products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to end the contract
8.1 Exercising your right to change your mind.
For most products bought via our catalogue we will allow you to return the goods and receive a refund if you have ordered the wrong product or you have changed your mind within 14 days after you receive the product, provided that the product is still, in our reasonable opinion, in a resalable condition.
8.2 When you do not have a right to a refund.
Your right to a refund does not apply in respect of:
(a) non-standard products which have been made to your specification;
(b) services, once these have been completed, even if the cancellation period is still running; and
(c) any products which become mixed inseparably with other items after their delivery.
9. How to end the contract with us
9.1 Returning products.
If you want to return any products after they have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at Goldoak House, Oaklands Business Centre, Oaklands Park, Wokingham, Berkshire, RG41 2FD.
9.2 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if we have told you about an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return.
9.3 How we will refund you.
If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.4 When we may make deduction from refunds.
If you are exercising your right to change your mind:
(a) We will charge a handling fee of 12.5% of the price of the returned product and deduct this from your refund. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10. Our rights to end the contract
10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services;
(e) in the case of installation services, if a site inspection or other factors relating to your premises reveal unexpected conditions which would not be suitable for us to work in.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. Your rights in respect of defective products
11.1 We warrant that, on delivery, any products which are goods will conform in all material respects with their description and any relevant specification, and for a period of 12 months from the date of delivery (warranty period), shall:
(a) be free from material defects in design, material and workmanship;
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(c) be fit for any purpose held out by us.
11.2 Subject to clause 11.3, if:
(a) you give us notice in writing on delivery that the products do not conform in all material respects with their description and any relevant specification or during the warranty period within a reasonable time of discovery that a product does not comply with the other warranties set out in clause 11.1 (a) – (c);
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at your cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
11.3 We will not be liable for a product's failure to comply with the warranty in clause
11.1 if: (a) you make any further use of such product after giving a notice in accordance with clause 11.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.4 Except as provided in this clause 11, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 11.1.
11.5 These terms shall apply to any repaired or replacement products supplied by us under clause 11.2.
12. Price and payment
12.1 Where to find the price for the product.
The price of the product (which excludes VAT) will be the price set out in our catalogue, as indicated on the order pages of our website when you placed your order, or as otherwise told to you during the ordering process.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 When you must pay and how you must pay
We accept payment with most major credit cards. When you must pay depends on what product you are buying and whether or not you are a credit customer:
(a) For goods, you must pay for the products before we dispatch them (unless you are a credit customer, in which case see clause 12.3(c) below).
(b) For services, we will invoice you for the price of the services when we have completed them. You must pay each invoice within 30 calendar days after the date of the invoice.
(c) If you are a credit customer. If you are a regular credit customer and we have offered for you to open up an account with us then we will invoice you for the goods when we have dispatched them. You must pay each invoice within 30 calendar days after the date of the invoice.
12.4 Our right of set-off.
You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 13.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
13.4 How we may use your personal information.
14. Other important terms
14.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.4 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.