Terms & Conditions
This document sets out the terms and conditions of sale between the seller (Walford Timber Ltd) and the buyer (The Customer).
CHELTENHAM FENCING & LANDSCAPING SUPPLIES AND G & MB MANNING ARE DIVISIONS OF WALFORD TIMBER LIMITED
PAYMENT
1. All goods remain the property of Walford Timber Limited until paid for in full (see retention title clause below). The buyer hereby authorises Walford Timber Limited to enter onto their premises and remove goods if payment is not made. In the case of the buyer defaulting on payment to the seller, the seller revokes the rights of the buyer to resell the goods. The goods must be marked as belonging to the seller and an inventory drawn up. The seller will then notify the buyer of a collection date for the goods to be returned.
2. All goods must be paid for on collection, or before delivery. If you have an approved credit account, payment is due no later than the last day of the following month from invoice date (net monthly account).
3. If payment is not made by the due date, we may suspend your credit facilities and place all orders and deliveries on hold until payment is made in full, without any liability to Walford Timber Limited. Any invoice outstanding beyond this period will be referred to an external debt collection agency and will be subject to costs, including collection and recovery costs, fees and interest under the ‘late payment of commercial debts (interest) act 1998’. These will be the responsibility of the buyer and are legally enforceable by English Law.
RETENTION OF TITLE – ALL MONIES CLAUSE: (Applicable to all sale transactions)
The risk in the goods shall pass from the seller (Walford Timber Limited) to the buyer (the customer) upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or clear funds payment in full for all goods, delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
RETURNS
1. Goods returned due to miscalculation of quantities or change of mind will not be accepted back unless by special arrangement with Walford Timber Limited and will be subject to a charge of 20% of the value of the goods, plus all collection and delivery costs. Walford Timber Limited accepts no responsibility for the calculation of quantities as these must be checked by the customer.
2. Any damaged goods must be reported within 14 days of delivery or collection. Goods rejected due to defects caused by climatic conditions must also be reported within 14 days of delivery or collection. Treated timber cannot be rejected because of colour, as the sole purpose of the treatment is to preserve and not to decorate.
3. Walford Timber Limited is only responsible for the replacement or refunding of any faulty materials supplied by Walford Timber Limited as reported above and is not responsible for any ancillary costs such as labour, re-decoration, removal, re-fitting, travelling, haulage etc or material sourced from another supplier.
DISCREPANCIES
1. Any discrepancies between the delivery/collection notes and actuality must be reported within 14 days of collection or delivery.
DELIVERY
1. All delivery and lead times quoted are estimates only. We may decline to deliver if we believe it to be unsafe, unlawful or unreasonably difficult to do so, or if the premises are unsuitable for our vehicle.
2. When unloading by hand is required the driver will leave the goods on the nearest part of the property to the vehicle. The drivers may use their discretion if goods are to be carried further.
CANCELLATION
1. If an order is cancelled (for any reason) you are then to pay us for all goods (finished or unfinished) that we may then hold or to which we have committed for the order.
2. We may cancel or suspend an order if you fail to pay us any money when due.
CREDIT ACCOUNT ORDERS
1. By placing an order on your credit account, you are committing to receiving that order. Order(s) are accepted in good faith on the basis that you have a genuine requirement for it / them. This forms the basis of the contractual arrangement between us (“the seller”) and you / your organisation (“the buyer”.) The assumption is made that anyone placing an order on behalf of the buyer is authorised to do so by the Directors or Officers of the buyer, and orders are accepted on this basis. Once a credit account order is ready, you will be informed, and delivery or collection will be arranged with you. If for any reason you are unable or unwilling to accept all or any part of that order due to no fault of our own, then it will be considered a cancelled order, and Clause 1. of the above “CANCELLATION” condition may apply for any order/s / part orders not delivered / collected. Wherever possible, standard items will be placed back into stock, and Part 1. of the “RETURNS” section will apply. Any bespoke or non-standard items prepared or committed to will be invoiced for in full by default.
ONLINE AND DISTANCE SELLING
1. Orders received from credit or cash account holders, however placed, will not be considered as “online / distance selling.” Any account orders are accepted within the terms of this contract whether placed through the website in general, through the login section of the website, or any other remote method.
2. Consumers who order products through our website(s) and who have no prior relationship or account facility / trading arrangement with us, have not visited one of our premises prior to purchase, or viewed the physical products beforehand may fall under the “distance selling” regulations. Purchases of this nature will comply with “The Consumer Protection (Distance Selling) Regulations 2000” and the subsequent “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.”
3. Under these regulations, you have the right to cancel your order up to 14 days after delivery without giving a reason. This excludes any items that have already been installed or altered in anyway, any bespoke or made to measure items, or any orders with a value of less than £42.
4. You will be responsible for the cost of returning any cancelled orders, unless they are rejected due to defects or quality issues in which case points 2. and 3. of the “RETURNS” section above will apply. We will discuss with you the most cost effective method of return at the time for any orders cancelled without reason, or returned for any reason other than defects or quality. Once the goods have been returned, they will be inspected to ensure they are still in the same condition that they were supplied in. Upon satisfactory inspection your refund will be issued to the original card or payment method, minus any return costs if these have not already been paid by the customer.
5. See “DISCREPANCIES” and “DELIVERY” sections above which apply equally to online sales.
For the full distance selling regulations, see https://www.legislation.gov.uk/uksi/2013/3134/contents