"The Company" means WESTWARD BUILDING SERVICES LIMITED "the Customer" means the person, firm, company, organisation, corporation or public authority whose order is accepted or referred to in any document issued by the Company. “Goods” means the products sold by the Company or the Customer supplied products ordered or supplied by the Customer for repair and agreed to be sold by the Company or repaired at the Customer’s request.
2.1 All orders accepted and goods delivered by the Company are subject to and upon the following terms and conditions of sale which shall constitute the entire agreement between the company and the Customer. No addition or variation shall apply unless agreed in writing by an authorised representative of the Company. IF THE CUSTOMER SHALL NOT PREVIOUSLY HAVE ACCEPTED THESE TERMS AND CONDITIONS THEN UPON FIRST DELIVERY OF ANY ORDER THE CUSTOMER SHALL BE DEEMED TO HAVE GIVEN FINAL AND ABSOLUTE ACKNOWLEDGEMENT OF ITS ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THE FORM HEREIN SET OUT.
2.2 No other terms and conditions that appear on any document issued by the Customer whether or not the same shall be signed by or on the behalf of the Company shall apply.
2.3 Acknowledgement of receipt of a Customer’s enquiry or order by the Company shall not constitute acceptance of that order for contractual purposes. The sending of formal written acceptance or a delivery note or invoice by the Company shall alone constitute acceptance of the Customers order.
2.4 Liability is not accepted by the Company for any inaccuracy in or misunderstanding concerning orders when placed by the Customer on the telephone.
2.5 In no circumstances shall the Customer cancel a contract to which these terms and conditions apply unless consent in writing is given by the Company. If consent is given the Customer will indemnify the Company against all losses (including loss of profit) suffered by the Company up to cancellation.
3.1 Prices quoted are net of VAT and any other applicable taxes or levies that may be applied by any governmental statutory or local authority upon the sale of goods or the supply of services. Any such provisions will be charged at the rate prevailing at the time of dispatch or invoice as the case may be.
3.2 Prices quoted in any of the Company’s literature including promotional offer sheets are subject to variation without notice.
3.3 Any price or discount related problem must be notified in writing to the Company’s Customer Service Department within 7 days of invoice date or the invoice will be regarded as cleared for payment.
4. Payment Terms
4.1 Pounds Sterling (or the lawful currency of England and Wales from time to time) is the currency of account in all dealings between the Company and its Customers.
4.2 All account sales will be due for payment by the end of the month following the date of invoice unless otherwise agreed in writing by the Managing Director of the Company.
4.3 All sales for non-account Customers must be paid in full prior to dispatch or collection.
4.4 The Customer shall not be entitled to make any deduction or withholding from any payment due to the Company in respect of any set-off or counter-claim or otherwise unless both the amount and the validity have been expressly admitted in writing by the Company.
4.5 Failure by the Customer to pay the monies due to the Company by the due date will entitle the Company to withdraw credit facilities and withhold further deliveries for orders and part orders held by the Company. This action will not incur any liability on the Company for actions against the Customer by third parties.
4.6 If the payment of the price of any part thereof and of all other sums payable by the Customer is not made by the due date the Company shall be entitled to charge in addition to any monies due interest on the outstanding amount at the rate of 2.5% per calendar month or any part thereof from the due date until payment is made.
5.1 The Company will use its reasonable endeavours to comply with dispatch, collection and delivery dates but such dates are estimates only and are not guaranteed and shall not be of the essence of any contract between the Customer and the Company.
5.2 Delivery shall be deemed to have taken place on the occurrence at the first point in any of the following events:
a. Delivery to our agents or carriers.
b. Delivery by our van.
c. Collection from our site.
d. Dispatch of Goods in the post.
5.3 In the event of any failure to make delivery or delay in delivery the Customer shall have no claim whatsoever against the Company for any indirect or consequential loss or damage of any kind.
5.4 Customers requiring collection of Goods by the Company for return or repair shall ensure the said goods are available and ready for collection by the Company’s agent at a mutually agreed time. Failure of the Customer to comply will incur extra charges, which will be paid by the Customer.
5.5 Any delivery discrepancies, including non and short delivery, must be notified in writing to the Company’s Customer Service Department within 7 days of invoice date or the delivery will be regarded as complete.
5.6 If, due to any actions taken or omissions or failures by the Customer, the Company’s agent or carrier is unable to complete a delivery the Customer shall be liable for any costs imposed on the Company by its agents or Carriers.
5.7 Damaged items or discrepancies with deliveries must be reported within 10 days from the date of shipping.
For damages we require you to:
- Retain packaging so that it can be inspected by the carrier company if needed.
- Take pictures to show; the parcel with the label clearly showing, include the nature of the damage and the packaging.
5.8 Any shortages/non-receipt of goods need to be reported within 10 days from date of dispatch.
The carrier company require you to:
- Fill in a 'Denial of Receipt' letter which we can email or send in the post. Failure to return the 'Denial of Receipt' letter, within the specified time frame, may mean the claim lapses.
6. Title to the Goods and Risk in the Goods.
6.1 Title to and property in the Goods shall remain in the Company until payment in full of:
a. The total invoice price for the Goods and any relevant charges and
b. Any other amounts that are due for payment by the Customer to the Company on any account.
6.2 The Customer will ensure the Goods are stored in suitable conditions so as not to allow deterioration of Goods until title has passed to the Customer.
6.3 Until title has passed to the Customer the Company may for the purpose of recovery of its Goods enter the premises where they are stored or thought to be stored and repossess the same.
6.4 The risk in the Goods shall pass to the customer upon delivery as referred to in 5.2 above.
7. Force Majeure
In the event that the Company shall be delayed in or prevented from carrying out all or any of its obligations as a result of any cause beyond its control including (but not by way of limitation) war invasion, hostilities, civil war, terrorism, civil strike or commotion strikes, lock-outs, breakdown of plant, failure of third parties to deliver goods, storm flood or any cause outside its control it shall be relieved of all obligations and liabilities incurred under such contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby prevented, frustrated or impeded.
8. Inspection, Acceptance and Return
8.1 The Customer must inspect and test all Goods and notify the Company in writing of any defect, damage or other fault within seven days of the date of the Company’s invoice. If no written notification is received, the Goods will be taken as having been received and accepted by the Customer free of any obvious defect or damage.
8.2 The Company does not manufacture the Goods it sells. The Company will use all reasonable endeavours to assist the Customer to claim the benefit of any manufacturer’s warranty or indemnity. The Company cannot however accept liability for the suitability, fitness for purpose, operation or effectiveness of Goods it does not manufacture.
8.3 It is the Customer’s responsibility to comply strictly with the terms and conditions of any manufacturer’s warranty or indemnity.
8.4 The Customer will comply with the Company’s reasonable directions concerning any Goods which are claimed to be defective or damaged. If the Customer returns any Goods to the Company without the Company’s prior written consent, the Company may return them to the Customer, or store them, at the Customer’s risk and cost. Should the customer wish to return goods this will be at their own cost, or £25.00 collection charge will be made.
9. Limitations and Exclusions
9.1 If any Goods do not comply with the contract between the Company and the Customer, for any reason, the Customer’s sole remedy against the Company shall be limited to the Company replacing the Goods or refunding the price paid for them.
9.2 Under no circumstances whatsoever shall the liability of the Company to the Customer exceed the price paid for the Goods.
9.3 The Company accepts no liability or responsibility for any consequential or indirect losses or expenses, (including but not limited to any loss of profit, turnover, business, expectation or bargain) suffered by the Customer or any other person, for any reason.
9.4 Except as otherwise provided by these Terms and Conditions, all warranties, undertakings and conditions, express or implied, are excluded.
9.5 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury caused by the Company’s negligence, or for fraud or deliberate wrongdoing.
9.6 Each term and provision of these Terms and Conditions is separate and distinct and shall not be affected by the invalidity or unenforceability of any other term or provision.
9.7 Nothing in these Terms and Conditions confers or implies any right, power or privilege on any person other than the Company’s Customer.
The Customer shall comply with all instructions of the Company and/or the manufacturer of Goods supplied by the Company in relation to the fitting, installation, service and use of the goods. The Customer shall keep the Company fully indemnified against all costs, claims, demands, expenses and liabilities that may occur due to any failure to comply with those instructions.
11. English Law
Every contract to which these Terms and Conditions shall apply shall be construed in accordance with and governed in all respects by the Laws of England and the Company and the Customer agree to submit to the jurisdiction of the English Courts.
12. Consumer Sales
Except to the extent permitted by law, nothing in these Terms and Conditions shall affect or restrict the statutory rights of any person dealing with the Company as a consumer.
13. General Data Protection Regulation (GDPR)
On 25th May 2018 the General Data Protection Regulation (GDPR) will come into force in all EU member states, including the UK, and has an impact in all countries where we operate. Westward Building Services Ltd is currently taking steps to ensure that we are ready for the change in law. The new law means we need your permission to contact you.
Why we collect data
At Powertoolmate™ we only collect data to process your order, send order acknowledgements, quotations, delivery notifications, invoices & statements and also to notify you of any promotional offers.
How we collect data
This occurs when you create an account with us or place an order, whether it’s via telephone, e-mail or from our website. Your data is protected and is not passed onto any third parties. The only time we may need to share your data is when we need to advise our couriers of your delivery address/contact details, so they can advise delivery estimates and deliver your order safely and securely.
Know your rights
You have many rights over your personal data. You have the right to know what personal data we process, store and how it is used. You also have the right to request that your data is deleted at any time.
It is absolutely important that we all comply to the new regulations to ensure the continued success of our working relationship.
Facebook and Twitter Competition Terms and Conditions
The prize draw is arranged by Westward Building Services LTD, company number 789871.
Start and close dates as per original Facebook post unless otherwise notified on the original post at a later date.
Entry and participation is free. Every Facebook account that likes the post will be entered. The winner will be drawn on the date specified on the original post at random by Westward's Financial Controller, whoever is drawn is final. The winner will be announced on Facebook and will be asked to contact us to arrange the delivery of the prize. The prize will be sent out by carrier within 2-3 working days once the winner has provided their delivery address.
The prize draw is open to the residents of Great Britain only.
No cash alternative will be offered and the prize is non refundable.
Entry into the competition is deemed acceptance of these terms and conditions.
Westward accept no responsibility for incorrect entries.
This competition is in no way endorsed, associated or sponsored by Facebook and Facebook is not in any way liable for any loses arising from this competition. Any information provided is provided to Westward.
If for some reason the winner has not contacted Westward within 7 working days another entry will be drawn.
The image of the prize is a representation only and does not form any part of the contract.