5. DELIVERY
(a) Any dates specified by the Company for delivery of Goods are estimates. Failure by the Company to make delivery by any stated date shall not entitle the Customer to rescind or terminate the Contract.
(b) The Company will notify the Customer of the estimated delivery date and the Customer must take delivery on such date or such other date as the Company shall indicate to the Customer. Failure to take delivery (in whole or in part) when notified by the Company will require the Customer to pay storage charges, or (at the Company's option) returned load charges, which shall be added to the agreed price. The Company may withhold delivery of Goods until such charges have been paid.
(c) When the Company delivers Goods, or makes arrangements for Goods to be delivered, the Customer shall ensure that delivery vehicles are not obstructed or delayed in any way. The Company and its agents may refuse to make delivery if access to the agreed place of delivery is unsuitable or unsafe for such delivery and to charge the Customer accordingly.
(d) The delivery of Goods is made by the Company on the condition that adequate facilities and, if necessary, labour, will be made available by the Customer, at the Customer's expense, at the agreed place of delivery.
(e) The Company may require the Customer to take delivery at the Company's depot, if the delivery of Goods to the agreed place of delivery, is not reasonably accessible by road vehicles available to the Company.
(f) Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more instalment shall not entitle the Customer to treat the contract as a whole as repudiated.
(g) The Company may deliver from 7 am until 6pm on delivery days. It is the customer’s reasonability to ensure there is someone on site to accept the goods.
(h) Cancelation of the Goods while in transit will incur return load and re-stocking charges these will be processed before any refund can be issued.
(i) Any cancellation or delay of an order by the Customer on or after 2:30pm on the working day before the order is due to be fulfilled, or if the Company cannot deliver an order due to a failure of the Customer to comply with its obligations pursuant to Condition 3.2 or 3.5, is subject to payment by the Customer of:
(i) The Cancellation Charge of 50% of the total cost per goods; and
(ii) The Returned Materials Charge
(j) All orders must be altered or cancelled by telephone the following are not accepted:
(i) Email
(ii) Text
(iii) Instant Message
(iv) Letter
(k) Waiting time is charged after 20 minutes on site unless otherwise agreed in writing. Waiting time is charged at £72 per hour plus VAT.
6. RETURN OF GOODS
Goods returned for credit by the Customer will not be accepted by the Company unless by prior written agreement.
7. RISK AND TITLE IN THE GOODS
(a) Risk in the Goods shall pass to the Customer upon delivery of the Goods to the Customer.
(b) Title in the Goods shall remain in the Company until payment of the price in full.
(c) The Company and its agents, may at any time after the Customer's right to possession has terminated, enter the place where the Goods are stored to repossess them.
(d) The Company may maintain an action against the Customer for payment of the price notwithstanding that title in the Goods has not passed to the Customer.
(e) If any of the Goods are resold or otherwise disposed of by the Customer before payment has been made in full, the Company may trace the proceeds of such sale or disposal and recover the proceeds of sale.
8. CONDITIONS AND WARRANTIES RELATING TO GOODS
(a) No representation or warranty given by the Company or its agents on its behalf shall be incorporated into any Contract unless expressly referred to in the Company's quotation.
(b) All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) to the fullest extent permitted by law are excluded from the Contract.
(c) The Company does not warrant that the Goods are fit for any particular purpose, save insofar as written advice is given by an authorised employee of the Company as to the fitness of the Goods for a particular purpose made known to the Company by the Customer. Willis & Ainsworth Ltd - CONDITIONS OF BUSINESS
(d) Any samples submitted by the Company are from current production at the time of submission of such sample. The Goods supplied in bulk may not conform to the original sample. Goods that are a natural product will vary.
(e) If the Customer is dealing as a consumer nothing in these Conditions shall exclude the provisions of sections 13 to 15 inclusive of the Sale of Goods Act 1979.
(f) The company will not accept liability if good become unavailable at anytime, the customer will be offered an alternative product which may incur extra costs or entitled to a refund.
