THE WANDSWORTH GROUP LTD

TERMS OF BUSINESS

 

1.DEFINITIONS:

In these Terms of Business “the Supplier” refers to The Wandsworth Group Limited (No. 84301) of Ritchie House Woking Business Park, Albert Drive, Woking, Surrey GU21 5JY, Our VAT number is GB 211 4947 83. The “Customer” means the person, firm or company placing the order.  “Consumer” is an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

The terms “Online Shop” refers to the Supplier’s Web sales site and “Home Selection” refers to the Supplier’s ‘our in stock, ready-to-buy products available for next day delivery’ range.

“Specials” refers to products manufactured specifically to the customer’s requirements, which are deemed to be of a special nature.

The “SPECIALS” part references are pre-fixed “ESR”, “MSR”, “RPE” or “RPM”. Please note our Disabled Refuge and Paging Systems also fall within our “SPECIALS” category as special make to order products. Please refer to the “SPECIALS” category clause 7 below for specific conditions applicable.

 

2. TERMS OF BUSINESS TO APPLY: UNLESS WE PROVIDE WRITTEN AUTHORISATION TO ALTER ALL, OR A PORTION OF CONTENT.

a)These Terms of Business are the only terms of which the Supplier will be bound and any variation in any document of the Customer shall not apply unless accepted in writing by the Supplier.

b)A binding contract shall not come into existence between the Supplier and the Customer until the Customer’s order is accepted by:

i) the Supplier’s written acknowledgement of order; or

ii) delivery of the goods; or

iii) delivery of the Supplier’s invoice; or

iv) despatch from our warehouse

 

3.PRICES:

a. Prices are exclusive of value added tax which the Customer shall pay in addition.

b. All Orders are accepted for execution at prices ruling at the date of despatch, and all quotations are submitted on that basis unless otherwise stated in writing.

 

4.DELIVERY CHARGES:

c. Standard accounts

i. Carriage & packing will be charged for deliveries with a net goods value up to £1500.

ii. Orders with a net goods value over £1500 for delivery in one consignment to the U.K. mainland, will be sent carriage paid, unless special delivery arrangements are requested in writing, in this instance a packing/delivery charge may be made at the discretion of the Supplier.

iii. Applicable packing charges are available on request.

iv. A minimum order charge will apply to all orders with the exception of spare parts for medical and hygiene equipment.

d. Online Shop & Home Selection

i. A delivery charge of £9.95 is applicable for all orders under the net value of £500 for next working day delivery. If over the net value of £500 the delivery is sent carriage paid. For Saturday delivery, a delivery charge of £18.95 applies for all orders. These prices are applicable to deliveries made to the UK mainland only.

1. Online Shop

a. Online Shop orders must be placed using a current Visa™ or Mastercard™ and payment will be charged at the point of checkout.

b. The steps used in Making an Online Shop order are:

i. You place the order for your Products on the Website by completing the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website;

ii. We will send you an initial order acknowledgement from the website;

iii. You will subsequently receive an order confirmation, detailing the Products you have ordered, which confirms order acceptance and processing;

iv. When your order is despatched from our warehouse, we will send you a despatch confirmation email;

v. Order acceptance and the completion of the contract between you and us will take place only on the despatch to you of the Products.

c. Incorrectly placed orders on our Online Shop should be cancelled by telephone. Delay in cancelling the order may result in the order being fulfilled and delivered to the customer.

 

5. PAYMENT TERMS:

a. Unless a credit account has been agreed with the Supplier, the Customer will pay for all goods on cash with order or pro-forma basis. In the case of “Specials”, pro-forma payment must be received before the start of the manufacturing process, any delay in payment will affect quoted Lead Times.

b. To request a credit account the Customer will be requested to supply two trade references and a bank reference.

c. Where a credit account has been opened the Customer shall pay the price of the goods within 30 days of the date of the invoice. The Supplier shall be entitled to charge interest on overdue payments at the rate of 15% per annum until payment is made in full.

d. Without prejudice to any of the rights and remedies, which the Supplier may have, if payment is overdue the Supplier may suspend delivery of goods pursuant to any contract, which it may have with the Customer.

 

6. DELIVERY DATES:

a. Any due dates quoted for delivery of the goods are approximate only and the Supplier shall not be liable for any delay or failure in executing orders for whatever reason nor for any loss or damage arising out of any such delay or failure.

 

7. DRAWINGS AND DATA SUPPLY:

a. All specifications, drawings, installation drawings, wiring diagrams, particulars of weight/dimensions/capacities and all other data relating to the goods are offered by the Supplier in good faith and the Customer acknowledges and accepts that they are approximations only and the Supplier excludes all warranties, express and implied, save for those expressly set out in these terms and conditions.

b. The Supplier’s policy is one of continuous improvement and the right is reserved to change designs, dimensions and descriptive matter at any time without notice. Patents protect many of the Supplier’s designs and “Wandsworth” is a registered trademark. Full details will be supplied on genuine enquiry and no infringement will be permitted.

 

8. SPECIALS: (including Disabled Refuge and Paging Systems)

a. The goods will be despatched to arrive on the due date indicated on the order acknowledgement provided by the Supplier, (refer to clause 6).

b. If the Customer cannot accept delivery on the due date, (refer to clause 6), the Supplier must be notified in writing of any requested change to the original due date within 2 weeks of the original order issued date, as stated on the order acknowledgement. If the change to the due date is agreed by the Supplier, the Supplier will re-issue the order acknowledgement to reflect the amended due date.

c. If the accepted due date is deferred by the Customer, the Supplier reserves the right to issue an invoice requiring full payment to the value of the goods on the original due date and will hold the goods for delivery upon advice from the Customer (refer to clause 16c and d).

d. RISK AND PROPERTY:

e. Risk of damage to or loss of the goods shall pass to the Customer upon delivery and the Customer should insure the goods accordingly.

f. Notwithstanding delivery and the passing of risk in the goods the title in the goods shall not pass to the Customer until the Supplier has received payment in full of the price of the goods and all other goods ordered by the Customer for which payment is then due. Notwithstanding this clause 9b. no title in software shall pass to the Customer, instead all software included in the goods is licensed pursuant to clause 13b.

g. Until such time as the title in the goods passes to the Customer, the Supplier shall be entitled at any time to require the Customer to deliver up the goods to the Supplier (or its agents). If the Customer fails to do so then the Supplier (or its agent) shall be permitted to enter upon any premises of the Customer where the goods are stored and repossess the goods.

 

9. LIABILITY:

a. Subject to the conditions set out below the Supplier warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of despatch PROVIDED THAT no warranty is given in respect of components manufactured by a third party which are fitted by the Supplier to meet the Customer’s special requirements.

b. The Supplier subject to the following conditions gives the above warranty:

i. The Supplier shall be under no liability for any defect in the goods arising from any drawing, design or specification supplied by the Customer or his agent.

ii. The Supplier shall be under no liability in respect of any defect arising from negligence of the Customer, abnormal working conditions, failure to follow the Supplier’s instructions, misuse or alteration or repair of the goods without the Supplier’s approval.

iii. Goods returned under warranty shall be sent carriage paid accompanied by a letter of authorisation issued by the Supplier. (See Returns 15)

c. Subject as expressly provided in these Terms of Business all warranty conditions or other terms implied by statute or common law are hereby excluded.

d. Where a valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Supplier in accordance with these Terms of Business, the Supplier shall be entitled to repair or replace the goods (or the part in question) free of charge or, at the Supplier’s sole discretion, refund to the Customer the price of the goods(or a proportionate part of the price), but the Supplier shall have no further liability to the Customer.

e. Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier shall not be liable for any consequential, indirect or economic loss or damage, loss of profits or revenue, loss of data, loss of savings or anticipated saving, interest or production, cost of management time, loss of business or business benefit howsoever such losses or damages arise.

f. The Supplier does not accept responsibility for the quality or suitability of Customer’s free issue parts and therefore cannot guarantee their suitability and/or the quality of the applied finishing.

g. The Supplier will not accept any financial consequential loss for Customer’s free issued parts either through loss, damage, scrap or any other suitability or quality issues.

h. Finishes: due to the nature of some of the metal finishes there will be variations in the finish, in particular but not exclusively between production batches. It is advised that the Customer approves samples of such finishes before orders are placed as the Supplier will not accept liability for such variations in the finish once the product has been supplied.

i. The Customer acknowledges that a Nurse Call System should not be relied on as the sole method by which the nursing staff may be contacted or replace hospital policies regarding confirming the wellbeing of their patients. The Supplier shall not be liable for any use of the nurse call system other than as a supplementary tool as set out in this clause.

 

10. BREAKAGE AND ALLEGED SHORTAGE:

To enable the Supplier to submit claims to the appropriate carrier the Customer shall notify the Supplier of:

a. goods damaged in transit and shortages within 3 working days of delivery;

b. goods not delivered within 7 days of receipt of the Supplier’s invoice.

 

11. EXPORT:

Terms of payment, carriage, insurance and other conditions of sale in respect of goods for export from the United Kingdom will be notified separately in response to individual enquiry. Export orders cannot be placed through our online shop.

 

12. INTELLECTUAL PROPERTY RIGHTS AND SOFTWARE:

a. The Customer acknowledges that all intellectual property rights of whatever nature (including without limitation, patents, copyright and design in respect right of the patterns and designs and trademarks in respect of trade name) in the goods belongs to the Supplier.

b. If the goods include any software, the Supplier hereby grants the Customer a non-exclusive, limited, non-transferable licence to use the software only to the extent necessary to receive the benefit of the other goods with which the software is supplied.

c. Except as expressly permitted in this Agreement, Customer shall not:

i. modify, translate, create derivative copies of or copy the software; or

ii. reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software to source code form; or

iii. distribute, sublicence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the software or Customer’s right and license to use the software.

d. Where the Customer supplies goods or designs for incorporation into the Supplier’s products the Customer shall indemnify and keep indemnified the Supplier against any claims and liability for infringement of third party intellectual property rights.

 

13. RETURNS AND CANCELLATIONS:

a. The Supplier will not accept cancellation or return of any goods supplied in accordance with the Customer Orders unless the Customer obtains from our Customer Experience Team an authorised Returned Material Authorisation (RMA) reference number.

b. Authorised Standard catalogue items where replacement items are not ordered, would attract a minimum administration charge of 30% of the value of the return. Authorised Standard catalogue returned items where replacements are ordered, would attract a minimum administration charge of 20% of the value of the return.

c. ALL agreed non faulty returned items MUST be returned in the original packaging.

d. The Supplier reserves the right to decline the return of Standard catalogue items that are deemed to be more than 6 months old from date of delivery.

e. The return of items that are of a Make to Order status (MTO) (i.e. not normally stocked), of a ‘SPECIAL’ nature, items that are classed as ‘Systems’ (e.g. Disabled Refuge Systems, Call/Paging Systems of ALL descriptions etc), Hand Dryers, ALL other individual products that are normally stocked, including parts in our Accessory ranges, will not be accepted, nor will cancellation be accepted before delivery if expenditure has been incurred by the Supplier, unless an authorised representative of the Customer has agreed in writing to meet ALL costs as specified by the Supplier.

f. Our product range is extensive, if the Customer has any doubt about an individual products stock status, it is the responsibility of the Customer to contact our Customer Experience Team for clarification of the products status in writing. Please note products that are included within the Supplier’s product brochures do not necessarily constitute ‘Standard catalogue items’.

 

14. Consumer Purchased Variation

a. Items purchased through our Online Shop or our Home Selection range are covered by this section.

b. ‘Items purchased through our Online Shop or our Home Selection range will have no handling charge applied to returns that are received by our warehouse no later than 30 days from despatch. RMA authorisation is required and the RMA documentation must be included with the return.

c. Where it is agreed that returns postage will be refunded, this will be at the most economical method available.

d. Funds will be returned on the same method used for purchase and will be processed in 14days or less from the time of receipt to our warehouse.

e. Consumers have the rights under law (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) to cancel their order within 14 days of receipt of the order. The consumer should inform our Customer Experience Team as soon as possible if they wish to cancel the order. Consumer returns will be handled in the same manner as Online Shop or our Home Selection range (16b, 16c,16d).

f. Specials, Make to Order, Systems etc are excluded from this section, regardless of route of ordering and they are outside the scope of The Consumer Contracts Regulations 2013.

g. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

 

15. WARRANTY:

Our standard warranty is 12 months from date of despatch.
Individual product warranty details are available from our Service Department upon request.

 

16. GENERAL:

a. The contract is personal to the parties, and may not be assigned in whole or in part.

b. The headings are for convenience only and shall not be used to construe the contract.

c. If the Customer does not confirm in writing a delivery due date and the goods are received into our stock, the Supplier reserves the right to immediately invoice the Customer for payment. The Supplier also reserves the right to invoice the Customer for payment if their suppliers have made any major stocking or financial commitment based on the Customer’s order regardless of due dates.

d. If the Supplier is requested by the Customer not to ship the goods by the original due date, then the Supplier reserves the right to charge the Customer a storage charge of 1% a month to the sales value of the goods in addition to the invoice to the Customer for FULL payment of the goods.

e. Site visits made by the Supplier’s engineers at the request of the Customer will be chargeable unless such visits are necessary owing to faults in the design or manufacture of the goods as supplied by the Supplier.

f. This Agreement constitutes the entire Agreement between the parties.  Other than as expressly stated otherwise in this Agreement neither party shall be under any liability for any representations made prior to or during the operation of this Agreement.

g. The waiver by either party of its rights in respect of any breach of any provision of this Agreement shall not be taken or held to be a waiver in respect of any subsequent breach thereof.

h. Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against the Supplier and such third parties shall not be entitled to enforce any term of this Agreement against the Supplier.

 

17. Privacy, Cookies & GDPR

Our Privacy statement, covering Cookies and your rights under GDPR, can be found on our website at https://www.wandsworthelectrical.com/cookie-policy/ and constitutes part of these Terms and conditions.

 

18. FORCE MAJEURE

We are not liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights.

 

19. ENGLISH LAW:

All contracts to which these Terms of Business apply shall be governed by and construed in accordance with English law and the Customer irrevocably submits to the exclusive jurisdiction of the English Courts.