Terms & Conditions for Supply
This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) listed on our website www.commercialwashroomsltd.co.uk (our site) to you. These Conditions shall govern any contract for the sale of Goods listed on our site which is made at a distance between us and any business customer (you) by any method, including but not limited to telephone, email and fax and also via our site. You must tick the checkbox on our site’s checkout page if you wish to be able to order Goods from our site.
You may only order Goods from our site if you are contracting with us as a business customer and not as a consumer. You will be deemed to be a business customer if you are purchasing Goods from us for the purposes of your business, trade or profession, rather than for private use.
It is important to read and understand these Conditions before placing your order.
1. INFORMATION ABOUT US
www.commercialwashroomsltd.co.uk is a site owned and operated by Lan Services Limited t/a Commercial Washrooms (we). We are registered in England and Wales under company number 4058689 with our registered office and main trading address at Unit 12, Cabot Business Village, Holyrood Close, Poole, Dorset, BH17 7BA, United Kingdom.
2. SERVICE AVAILABILITY
It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us and the contract between us (Contract) will only be formed once the Goods have been dispatched.
4.2 At our discretion, your Goods may be drop-shipped from the manufacturer to your nominated delivery address, or from our warehouse to your nominated delivery address. Your Goods may be despatched in multiple / separate deliveries or as one individual consignment.
4.3 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions. If the order for Goods is placed by or on behalf of a Company, the order will be deemed to have been placed by an officer of that Company.
4.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
4.5 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions; no terms or conditions endorsed on, delivered with, or contained in the Customer’s purchase order, confirmation of order, specification or other document will form part of the Contract.
5. DESCRIPTIONS, ILLUSTRATIONS AND REPRESENTATIONS
5.1 Any descriptions and illustrations appearing on our site are approximate only and are intended merely to convey a general description of the Goods; they are not deemed to form any part of any Contract and are not to be regarded as a warranty or representation.
5.2 Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods.
5.3 Any representations about or related to the Goods by any of our staff shall have no effect unless expressly agreed in writing and signed by one of our directors.
6. AVAILABILITY AND DELIVERY
6.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
6.2 Due to our policy of continuous product development, we reserve the right to change product specifications without prior notice and without liability to you.
6.3 Orders may only be cancelled prior to dispatch by arrangement with us and any costs incurred in connection with your order will be levied.
6.4 Your order will be fulfilled by the delivery date notified to you or, if no delivery date has been notified to you, then within a reasonable time of the date of your order (subject to clause 4.1).
6.5 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
6.6 Large and/or palletised Goods can only be delivered to the exterior of a ground floor location at the delivery address; you must therefore make your own arrangements at your own risk where the relevant item needs to be transported from the delivery location.
6.7 A valid signature will be required on delivery and the Goods must be examined prior to signing. You should not arrange for any Goods to be installed until after you have received your order and checked all of the Goods for any defects or missing parts.
6.8 Any attempted delivery which is refused at the delivery address will be returned to our warehouse. In this case a re-delivery charge will be applied. The amount of the re-delivery charge depends on the carrier used to effect re-delivery.
6.9 In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
7. RISK AND TITLE
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you upon:
(a) our receipt of all sums due in respect of the Goods, including carriage charges , together with;
(b) all other sums which are or which become due to us from you on any account.
7.3 Until ownership of the Goods has passed to you, you must:
(a) store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep it insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
(c) hold the proceeds of the insurance referred to in sub-clause (b) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.4 Your right to possession of the Goods shall terminate immediately, if:
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
7.5 If :
(a) you are late in paying for the Goods; or
(b) you are late in paying for any other goods supplied by us; or if
(c) before title to the Goods passes to you, you become subject to any of the events listed in clause 7.4 (a) or (b), or we reasonably believe that any such event is about to happen and notify you accordingly, then:
(d) without limiting any other right or remedy we may have, we may at any time require you to deliver up the Goods and, if you fail to do so promptly, we may (during normal business hours and with or without vehicles) enter any premises of yours or of any third party where the Goods are stored or kept in order to recover them. You shall not keep the Goods at any premises in respect of which you do not have the right to grant access to us.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.2 All prices exclude VAT and delivery charges, which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes will not affect orders already placed by you.
8.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have accepted your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.6 We accept payment with the credit and debit cards specified on our site and also with PayPal, and Bacs.
8.7 Payment is required prior to dispatch unless credit terms have been agreed.
8.8 Our credit terms of payment are 30 days from date of invoice. All payments must be made in sterling. If you are in default, we reserve the right to charge interest on overdue accounts at a rate of 8% above the Bank of England’s base lending rate for each month or part thereof that you remain in default. We reserve the right to withhold dispatch of the Goods if your account is in arrears.
9. OUR RETURNS AND REFUNDS POLICIES
9.1 Our returns and refunds policy is as follows:
(a) returns of non-faulty Goods shall only be refunded or replaced if you contact us on the next working day following receipt of the Goods, informing us of your wish to return them. The Goods must be returned in accordance with our standard authorisation procedure (please contact us on 01202 650900 or [email protected] for details). Without limitation, you must take reasonable care of the Goods in your possession and the Goods must be returned at your risk, in the same condition in which you received them and securely re-packed in their original packaging. A handling charge of at least 25% of the invoiced value of the Goods plus the delivery and return carriage costs will be levied. Returns will not be accepted where the Packaging has been damaged.
(b) Any non-faulty Goods which are non-stock Goods, or which are bespoke, made-to-measure, personalised, customised, made to your specification or specially ordered (Restricted Goods) may not be returned;
(c) If you wish to return Goods to us because they are damaged or defective, or do not materially conform to their specification, any such damage, defect or nonconformity must be notified to us as soon as possible, but in any event within 7 days of the date that you discovered or ought to have discovered the damage, defect or nonconformity, (within 48 hours if damage in transit is alleged), and no further use of the Goods must be made following discovery of the damage, defect or nonconformity. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged, defective or nonconforming Goods. Goods returned by you because of damage, defect or nonconformity will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
(d) If you wish to return Goods to us because they are believed to be faulty, we reserve the right in the first instance to send an engineer to investigate the fault and inspect the Goods on site. In these instances, if the inspection finds the fault is a result of incorrect application, maintenance or installation, or of misuse or vandalism, or any other cause that cannot be reasonably considered to be an inherent fault of the Goods caused by factory workmanship or defect due to non-conforming material, then a charge will be made for this inspection, and the return request will be refused. We reserve the right to require payment of this charge upfront prior to inspection and to refund it if/when the Goods are proved to be faulty.
(e) The Company reserves the right to require the Buyer to return the Goods to any UK postal address other than that of the main trading address of the Company.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 You have an obligation to take reasonable care of the Goods whilst they are in your possession. We may, at our discretion and without limitation, refuse to refund or replace any Goods if we consider that you have failed to discharge this obligation.
9.4 In accordance with clause 9.3, you must not make any improper use of, or make any unauthorised modifications or repairs to, the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means.
9.5 Notwithstanding the provisions of clause 10.1.(a) which relate to fitness for purpose, unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
9.6 For the avoidance of doubt, if any failure to discharge the obligation in clause 9.3 results in any loss or damage pursuant to clause 10, any such loss or damage may be considered as having been caused by you or contributed to by you.
10. OUR LIABILITY
10.1 Our liability to you shall be limited as follows:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) without limiting the generality of clause 10.1.(a), we shall not be liable to you if any monies due from you to us have not been paid in full;
(c) without prejudice to any of the provisions of this clause 10.1, we shall have no liability to you for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production;
(d) without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us; and
(e) without limitation or prejudice to any of the foregoing, you shall indemnify and hold us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any
third party due to or arising from any breach of the Contract by you, or the infringement by you, or anybody else using your account, of any intellectual property or other right of any person or entity.
10.2 Nothing in these Conditions shall exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3 Without limiting any of the foregoing provisions of this clause 10, we shall not be liable for:
(a) any damage to the Goods arising from the installation of the Goods by you or by someone else on your behalf;
(b) any loss, damage or injury to any person, property or thing arising from the installation of the Goods by you or by someone else on your behalf;
(c) any costs, charges or expenses associated with and/or incurred by you in connection with the installation of the Goods by you or by someone else on your behalf;
(d) any delay in proceeding with or interruption in continuing with the installation of the Goods by you or by someone else on your behalf which may have been occasioned by us; or
(e) the suitability of any site or premises at which the Goods are to be installed by you or by someone else on your behalf.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
13.3 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
18. OUR RIGHT TO VARY THESE CONDITIONS
18.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we accept your order.
19. LAW AND JURISDICTION
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.