BAGNALL CONSTRUCTION LTD T/A ATTACH2UK
- THESE TERMS
1.1 These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.2 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.2.1 you are an individual; and
1.2.2 you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- ABOUT US
2.1 We are Bagnall Construction Ltd T/A Attach2UK, a company registered in England and Wales (“we”, “us” etc.). Our company registration number is 02358247 and our registered office is at Brookhouse Farm, Wheatlow Brooks, Milwich, ST18 0EW. Our registered VAT number is 592603628.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 Any reference in these terms to “writing” or “written” includes email.
- OUR CONTRACT WITH YOU
3.1 Website Orders: After placing an order on our website (a “Website Order”), you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
3.2 Purchase Orders: If you order any products from us other than on our website, such as by email or telephone (a “Purchase Order”), you may not receive an email acknowledgement from us. If we do email you to acknowledge your order, please note that this does not mean that your order has been accepted.
3.3 Offer and acceptance: Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. We will confirm such acceptance to you by either:
3.3.1 emailing or otherwise notifying you to confirm that your order has been dispatched;
3.3.2 delivering the products to you (or allowing you to collect them); or
3.3.3 requesting payment from you for the products, and a contract will come into existence between you and us on the earliest date that any one of the events at clauses
3.3.1 to 3.3.3 has occurred (“Acceptance Date”).
3.4 You may withdraw any order you place at any time prior to the Acceptance Date by contacting us.
3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
3.6 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
The images of the products on our website, in our catalogues or in other materials are for illustrative purposes only. The colours of products and the packaging of products may vary from the displayed images.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.1 Unless we agree otherwise in writing, you must pay for any delivery costs associated with your order. We may deliver the products in several consignments but will not charge any extra delivery for this. No delivery costs will be payable if you arrange to collect the products from one of our local depots.
6.2 When you place a Website Order, if delivery costs are displayed to you on the website prior to you submitting the order then the costs of delivery will be as displayed.
6.3 If clause 6.2 does not apply, the costs of delivery will be as notified to you separately (either in our acknowledgement of your order, in our confirmation that the product has been dispatched, on our invoice or otherwise notified to you whether or not in writing).
6.4 You may at any time contact us to confirm delivery costs, but please note that you must pay any delivery costs whether or not they are notified to you prior to the Acceptance Date.
6.5 We aim to deliver products ordered by you in accordance with any delivery estimate that we give you. However, time is not of the essence in respect of delivery and we will not be liable for late delivery (provided that delivery shall always be within a reasonable period, subject to clause 6.6 below).
6.6 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.7 If no one is available at your address to take delivery we will:
6.7.1 store the products until delivery takes place and may charge you a reasonable sum to cover expenses; and
6.7.2 have no liability to you for late delivery.
- TITLE AND RISK
7.1 If you are a consumer, unless clause
7.2 below applies, risk in the products will pass to you upon delivery and you are responsible for the products from the date of delivery.
7.2 If you are:
7.2.1 a business; or
7.2.2 a consumer, and you arrange or ask us to arrange for delivery via a carrier other than such carriers we offer for delivery, risk in the products will pass to you when we leave the products with the carrier.
7.3 Title (ownership) in the products will pass to you on the date on which we have received payment in full from you (including any delivery costs), or on the date of delivery, whichever is later.
- CANCELLATION (GENERAL)
8.1 If you are ending a contract for a reason set out at 8.1.1 to 8.1.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.1.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.1.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
8.1.4 you have a legal right to end the contract because of something we have done wrong.
- CANCELLATION (IF YOU ARE A CONSUMER)
9.1 Defective or misdescribed products. If you are a consumer customer, we are under a legal duty to supply products that are in conformity with this contract, and any products we provide to you must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights which, during the expected lifespan of your product, entitle you to the following (in summary):
9.1.1 up to 30 days after title in the products has passed to you: if your products are faulty, then you can get an immediate refund;
9.1.2 up to 6 months after title in the products has passed to you: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and
9.1.3 up to 6 years after title in the products has passed to you: if your products do not last a reasonable length of time you may be entitled to some money back. If you wish to exercise your legal rights to reject defective or misdescribed products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay for reasonable costs of return postage or collection in such cases.
9.2 Cooling off period. If you are a consumer customer and you change your mind about any un-used products that you buy from us, you may cancel the contract at any time within 14 days after the date of delivery (of the last consignment of products, if applicable) and receive a refund if the product is un-used. Your right as a consumer to change your mind does not apply in respect of:
9.2.1 any products that you purchase from us in person at our physical premises;
9.2.2 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
9.2.3 any products which become mixed inseparably with other items after their delivery;
9.2.4 any customised or personalised products; or
9.2.5 any products that are liable to deteriorate or expire rapidly.
- CANCELLATION (IF YOU ARE A BUSINESS)
10.1 If you are a business customer, we warrant that on delivery, and for a period equal to the warranty period offered by the manufacturer for the relevant product (warranty period), any products shall:
10.1.1 conform materially with their description;
10.1.2 be free from material defects in design, material and workmanship;
10.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
10.1.4 be fit for any purpose held out by us (provided that no warranty is given that products shall be fit for any purpose not held out by us, whether or not such purpose is notified to us).
10.2 Subject to clause 10.1, if:
10.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 10.1;
10.2.2 we are given a reasonable opportunity of examining such product; and
10.2.3 you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
10.3 We will not be liable for a product’s failure to comply with the warranty in clause 10.1 if:
10.3.1 you make any further use of such product after giving a notice in accordance with clause 10.2.1;
10.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
10.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
10.3.4 you alter or repair the product without our written consent; or
10.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
10.4 Except as provided in this clause 10, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 10.1.
10.5 These terms shall apply to any repaired or replacement products supplied by us under clause 10.2.11.
- HOW TO CANCEL YOUR CONTRACT
11.1 To end the contract with us, please let us know by contacting us direct by telephone or email or post.
11.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please contact us for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11.3 Subject to clause
11.4, we will pay for reasonable costs of return postage if:
11.3.1 the products are faulty or misdescribed; or
11.3.2 you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong, but, in all other circumstances (including where you are a consumer exercising your right to change your mind), you must pay the costs of return and we will not reimburse you for such costs.
11.4 If you are a business and we agree to pay for reasonable costs of return postage under clause 11.3.1 (faulty or misdescribed products), you must pay the costs of such return postage but we will reimburse you for such costs once we have ascertained that you are entitled to a refund.
11.5 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection and will deduct such costs from any refund requested from us by you for the product.
11.6 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.7 If you are a consumer exercising your right to change your mind:
11.7.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
11.7.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.8 We will make any refunds due to you as soon as possible and, in any event, within the following timescales:
11.8.1 if you are a consumer exercising your right to change your mind:
188.8.131.52 if we have not offered to collect the products from you, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 11.2; and
184.108.40.206 if clause 220.127.116.11 does not apply, your refund will be made within 14 days of your telling us you have changed your mind; and
11.8.2 in all other cases, your refund will be made within 14 days from the day on which we ascertain that you are entitled to a refund. If the products are returned due to being faulty or misdescribed, we will examine the returned products and notify you in writing of your entitlement to a refund (if any).
- OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract for a product (in whole or in part, and including any other contracts we may have with you) at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and payable;
12.1.2 you commit a material breach of the contract;
12.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
12.1.4 you (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of doing so, or are the subject of a bankruptcy petition, application or order; or
12.1.5 you (being a business) suspend or cease, or threaten to suspend or cease, payment of your debts or carrying on all or a substantial part of your business; are unable or deemed unable to pay your debts as they fall due; admit inability to pay your debts; commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with any of your creditors; or if any formal step is taken in connection with the winding up of your business or the appointment of an administrator, administrative receiver or liquidator.
12.2 If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- PRICE AND PAYMENT
13.1 Subject to clause 13.3 and except in cases of obvious error, the price of the product (which excludes VAT, unless otherwise stated) will be:
13.1.1 for Website Orders, the price indicated on our website from time to time; or
13.1.2 for Purchase Orders, the price notified to you or agreed between us prior to the Acceptance Date or, where no such notice or agreement has taken place, the “Retail Sale Price” for the product as listed on our website from time to time.
13.2 The price of the product may differ from any recommended retail price (RRP) published from time to time by the manufacturer of the product, and any such RRP shall not apply to the product that you purchase from us.
13.3 We take all reasonable care to ensure that the price of the product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced, in which case:
13.3.1 if a product’s correct price is higher than the price stated in clause 13.1 above, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect lower price, even after the Acceptance Date, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mispricing; and
13.3.2 if a product’s correct price is lower than the price stated in clause 13.1 above, we may, at our discretion, charge you only for the correct lower price.
13.4 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.5 Unless otherwise agreed (for example, if you have a new or existing trade credit facility with us), payment must be by credit or debit card for all Website Orders and Purchase Orders. We will not charge your credit or debit card, or otherwise take payment from you, until we dispatch your order, unless we agree otherwise in advance.
13.6 If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.7 All invoices will be payable prior to dispatch/collection of goods unless otherwise agreed or stated on the invoice.
13.8 If you do not make any payment to us by the due date:
13.8.1 if you are a business, we reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
13.8.2 if you are a consumer, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time, and such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.9 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- LIMITATION OF LIABILITY
14.1 Nothing in these terms excludes or limits our liability for:
14.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
14.1.2 fraud or fraudulent misrepresentation;
14.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;14.1.4 defective products under the Consumer Protection Act 1987; or
14.1.5 any other matter in respect of which it would be unlawful for us to exclude or restrict liability (depending on whether you are a consumer or a business).
14.2 If you are a consumer:
14.2.1 if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process; and
14.2.2 we supply the products to you only for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.3.
14.3 If you are a business:
14.3.1 except to the extent expressly stated in clause 10.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded;
14.3.2 subject to clause 14.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any:
18.104.22.168 loss of income or revenue;
22.214.171.124 loss of business;
126.96.36.199 loss of profits or contracts;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of data; or
220.127.116.11 waste of management or office time; and
14.3.3 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the purchase price of the product(s) you purchased and any losses which are a foreseeable consequence of us breaking this agreement.
15.2 Notices: Any notice given or required to be given under or in connection with these terms shall be in writing and shall be delivered by hand, by pre-paid first-class post or other next working day delivery service or by email, to the relevant address referred to in clause 2 above.
15.3 Assignment: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.4 Third Parties: Nobody else has any rights under this contract. This contract is between you and us. This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
15.5 Entire Agreement: These terms apply to the exclusion of any other terms or conditions referred to in any order, letter, form of contract or other correspondence sent by you to us, provided that our contract shall be subject to any agreement that we make in writing prior to the Acceptance Date in respect of the price of the products and/or the costs of delivery. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
15.6 Severance: If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this contract. If any provision or part-provision of this contract is deemed deleted under this clause 15.6, we each agree to negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
15.7 Enforcement: Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.8 Variation: We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless:
15.8.1 any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you); or
15.8.2 you are a business and we notify you of the change to those policies or these terms and conditions before the Acceptance Date (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
15.9 Governing Law: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
15.10 Jurisdiction: We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.