Terms & Conditions

THE TOOL AND FIXING COMPANY

UNIT 18 ARDEN BUSINESS CENTRE, ARDEN ROAD,
ALCESTER, WARWICKSHIRE, B49 6HW

TEL: 01789 4000 00  FAX: 01789 4000 88

CONDITIONS OF SALE

Definition by Law

The contract is the document or documents that set out these conditions and all other details about your agreement with us.  “We” and “us” means the seller of the goods.  “You” means the buyer of the goods.  The “goods” means all the goods to be sold by us to you.  The “recipient” means the person, firm, company, corporation or public authority to whom the goods are delivered, when it is not you.  These conditions exclude any terms or conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing.  These conditions do not affect your statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act of 1977 or any statutory modifications of that Act.  The contract will be governed by and interpreted in accordance with English Law.

When the Contract comes into being

The contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these conditions and we have accepted your order.

Receipt

You, or the recipient on your behalf, will receive and unload the goods and should check them for quality and condition in the presence of the carrier.  If there is no shortage or if any of the goods are in an unsatisfactory condition, you or the recipient must so endorse the carriers delivery note.  Notice must be given within three days of delivery.  If the condition is not observed, no claim in respect of shortage will be entertained.

Price

All prices stated exclude V.A.T and carriage.

Risk and Title of goods

The risk of the goods passes to you on delivery.  The ownership of the goods remains with us and we reserve the right to dispose of the goods until you have paid in full all goods which have been supplied at any time to you.  Until such payment has been made in full you will hold the goods on our behalf and will be under an obligation to return them to us on demand.  You will permit us to enter any land or premises of yours to recover our goods.

Rights Reserved

Any failure by us to any or all of these conditions shall not amount to or be interpreted as a waiver of any of our rights.

Pictures are for guidance only.

All products are subject to availability.  E&O.E. The Tool & Fixing Company Limited reserves the right to change prices on the website. Excludes any other offers and discount arrangements. All images are a guide only and do not necessarily represent the products on offer. E & O.E

 – Deliveries within our normal zone are made free of charge.  Call for details.

Standard conditions of sale: 

Conditions of sale in which The Tool & Fixing Company Ltd is referred to as “the Company”:

1. Validity of quotation

No order received from a customer by the Company shall constitute a contract until accepted in writing by the Company.

2. Prices

Prices quoted by the Company are firm for 30 days only or until previously withdrawn. All prices quoted are exclusive of VAT.

3. Delivery

Delivery periods and dates are given in good faith, but are not subject of any warranty or condition, other than any implied by consumer protection legislation, and time shall not be of the essence of the contract in these respects.

4. Payment

Unless otherwise agreed in writing, the customer shall pay the price in full upon completion/ delivery of goods / services. Invoices for goods will be issued immediately on delivery or after completion and payment is due 30 days from this date. If payment is not made by the due date, the customer shall pay the Company interest at the rate of 4% per annum above the base lending rate of Barclays Bank plc from the due date for payment until the date of actual payment.

The customer shall pay the price in full upon completion/ delivery of goods / services. If payment is not made within 30 days of the due date, the customer shall pay the Company interest at the rate of 4% per annum above the base lending rate of Barclays Bank plc from the due date for payment until the date of actual payment. The Company reserves the right to demand a deposit of up to 30% of the price of the goods supplied.

5. Warranty

5.1 The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.

5.2 The Company shall be under no liability if the defect or failure arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company’s instructions, or alteration or repair of the goods without the Company’s prior approval.

5.3 The Company warrants that the Goods supplied will at the time of delivery correspond to the description of the Company.

5.4 All goods supplied will be of satisfactory quality and will be fit for purpose as required by consumer rights law.

5.5 The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company

5.6 Except in the case of death or personal injury caused by the Company’s negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.

6. Carriage

Packaging, carriage and insurance charges in respect of delivery of the goods to the customer will be charged to the customer at cost to the Company.

7. Damage in transit

The Company does not accept any liability for loss or damage to the goods while in transit to the customer.

8. Risk & Title

The Goods shall be at the customer’s risk as from delivery.

8.1 Without prejudice to condition 10 and in spite of delivery having been made property in the Goods shall not pass from the Company until:

8.1.1 the customer shall have paid the Price in full; and

8.1.2 no other sums whatever shall be due from the customer to the Company.

8.2 Until property in the Goods passes to the customer in accordance with clause 8.1 the customer shall hold the Goods on a fiduciary basis as bailee for the Company. The customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.

9. Force majeure

The Company shall not be liable to the customer, or be deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to force majeure or to any other cause beyond the Company’s reasonable control.

10. Reservation of title

The goods sold under these conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the goods. If the customer shall enter onto liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company.

11. Insolvency of customer

If the customer shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.

12. Patent rights, etc

The acceptance of a quotation includes the recognition by the customer of the right of the Company under any patents, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.

13. Applicable law

These conditions shall be governed by and construed in accordance with English law and the parties acknowledge and accept the exclusive jurisdiction of the English Courts.

14. Conditions applicable

These conditions shall apply to all contracts for the sale of goods by the Company to a customer to the exclusion of all other terms and conditions which a customer may purport to apply under any purchase order, confirmation of order or similar document and all orders for goods shall be deemed to be an offer by the customer to purchase goods subject to these conditions.

15. Complaints and ADR

15.1 Although our aim is to provide the best possible service to our customers, if you wish to make a complaint in relation to goods supplied or services rendered, you may make a formal complaint under our complaints procedure. A copy of the complaints procedure is attached to these terms and conditions.

15.2 The relevant ADR body for this sector is [name of ADR body and contact details]. We [have/have not] opted into this ADR scheme.