Page 2 - Wrights of Lymm Catalogue
P. 2
Terms and Conditions (Incorporating C.F Stonehouse & Sons
Wrights of Lymm Ltd and Connoisseur Gold)
1. DEFINTIONS 10 CONFIDENTIALITY
In this document the following words shall have the following meanings All mail items received and business information acquired by the Supplier are
1.1 “Consumer” shall have the meaning ascribed in section 12 of the treated as commercially confidential and will not be disclosed or supplied to
any third party outside of the Supplier or partner companies as agreed in the
Unfair Contract Terms Act 1977 contract for provision of Services. The duty of confidentiality by the Supplier
1.2 “Customer” means any person or company who purchases to the Customer does not apply when the Supplier is required by English law
to provide the information to the police or other organisations empowered by
goods and services from the supplier the statute or under any money laundering regulations in force for the time
1.3 “Proposal” means a statement of work quotation internet website or being
other document or electronic media describing Goods and Services 11 LIMITATION OF LIABILITY
to be provided by the Supplier 11.1 The Supplier shall not be liable for any direct loss or damage suffered by
1.4 “Goods” means the articles specified in the Proposal
1.5 “Service or “Services” means the services specified in the Proposal the Customer howsoever caused, as a result of any negligence, breach of
1.6 “Supplier” means Wrights of Lymm Ltd incorporating contract or otherwise in excess of the price for the goods and services
C.F.Stonehouse & Sons, Connoisseur Gold 11.2 The supplier shall not be liable under any circumstances to the Customer or
1.7 “Terms and Conditions” means the terms and conditions of supply set any third party for any indirect or consequential loss or profit, consequential or
out in this document and any special terms and conditions agreed in other economic loss suffered by the Customer howsoever caused, as a result
writing by the supplier of any negligence, breach of contract misrepresentation or otherwise
1.8 The expression the Act means the Companies Act 1985 as amended 11.3 For avoidance of doubt time shall not be the essence and supplier
by the Companies Act 1989, but so that any reference in these Terms and not liability to the Customer in respect of any failure to complete
and Conditions to any provision of the Act shall be deemed to include the services by any agreed completion date
a reference to any statutory modification or re-enactment of the 12 INDEMNITY
provision for the time being in force The Customer agrees to indemnify each of the Supplier his principal’s
2 GENERAL agents and respective servants against
2.1 These Terms and Conditions shall apply to all contracts for the supply of 12.1 The consequences of any defect in or unsuitability of any article plant
Goods or Services by the Supplier to the Customer and shall prevail over or other equipment or incorrect information provided by the Customer
12.2 The consequences of any breach of health and safety regulations
any other documentation or communication from the Customer. made or code of practice approved pursuant to statue
12.3 All claims by third parties and other claim under common law or by
2.2 Any variation to these Terms and Conditions shall be inapplicable statute arising out of any such defect unsuitability or breach
unless agreed in writing by the Supplier. 12.4 All damages penalties costs and expenses to which become liable as the result
of work done in accordance with any contract between them which involves the
2.3 Nothing in these Terms and Conditions shall prejudice any condition infringement of any letters patent, copyright, design, trademark or other
of warranty express or implied or any legal remedy to which the intellectual property right or any claim for such infringement
Supplier may be entitled in relation to the Goods and Services, by
Virtue of any statute, law or regulation. 12.5 Any claims costs and expenses arising out of any slanderous matter,
translated printed or in any matter published by the customer including any
2.4 Nothing in these Terms and Conditions shall affect the Customer’s such loss arising out of costs and expenses incurred in respect of any
statutory rights as a Consumer. threatened action and any costs and expenses incurred arising out of any
action which is settled by the parties concerned without being tried by at court
3 THE ORDER or other tribunal and all actions costs claims and demands arising out of any
3.1 All Orders for goods or services shall be deemed to be acceptance of contract between them whether occasioned by breach
the Proposal pursuant to these Terms and Conditions 13 TERMINATION
The Supplier shall have the right to terminate any agreement with the
4. PRICE AND PAYMENT Customer
4.1 The price for the Goods or Services are subject to any applicable
13.1 Breach of any of the terms of this contract by the Customer
charges and VAT 13.2 If a petition is made for the Customers bankruptcy or a criminal bankrupt
4.2 Payment of the price shall be in the manner specified in the Proposal
order is made against the customers or if the customer makes any
4.3 All goods are to be paid for prior to dispatch, unless the Customers has a composition or arrangement with or for the benefit of creditors or makes
any conveyance or assignment for the benefit or creditors
credit agreement, whereas payment is strictly 30 days from date of invoice 13.3 Where the Customer is a company. If any action is taken for or with a view
to its winding up or a petition is presented for an administration or a
4.4 If the Customer fails to make any payment within 30 days of it winding up order against it or such an order is made or it becomes
becoming duty date. The supplier shall be entitled to charge interest insolvency Act 1986, or an administrative receiver, receiver or manager of
at the current base rate plus 2% per month on outstanding amounts. its undertaking is duly appointed by a creditor o by the court or possession
is taken of any of its property by an encumbrance and in that event such
4.5 All Goods remain the property of Wrights of Lymm Ltd until full terminal shall not affect any rights which the Supplier may have against
payment has been received the Customer in consequence of the breach by the customer
13.4 If without reasonable cause the Customer with holds either an agreed
5. DELIVERY interim or full payment to the Supplier in respect of this contract or
5.1 The date of delivery specified by the Supplier is an estimate only, Time any other contract between the two parties
13.5 If it is the suppliers belief that the Goods or Services are being used
for delivery shall not be of the essence of the contract and the with a fraudulent or criminal intent
Supplier shall not be liable for any loss damages charges or 14 FORCE MAJEURE
expenses caused directly or indirectly by any delay in the delivery of Neither party shall be liable for any delay or failure to perform any of its
the Goods or performance of services. obligations if the delay or failure results from events or circumstances
5.2 All risk in the Goods shall pass to the Customer upon dispatch outside its reasonable control including but not limited to acts of God
6 TITLE strikes lock outs accidents, war fire breakdown or plant machinery or
6.1 Title in the goods shall not be pass to the Customer and will remain shortage or unavailability of raw materials from a natural source of supply
the property of Wrights of Lymm Ltd until the Supplier has been paid and the part shall be entitled to a reasonable extension of its obligations
in full for the goods 15 SEVERANCE
7 CUSTOMERS OBLIGATIONS If any term or provision of these terms and conditions is held invalid
To enable the Supplier to perform its obligations the Customer shall illegal or unenforceable for any reason by any court of competent j
7.1 Co-operate with the Supplier jurisdiction such provision shall be severed and the remainder of the
7.2 Provide the Supplier with any information provisions hereof shall continue in full force and effect as these
7.3 Obtain all necessary permissions, licenses and consents which terms and conditions has been agreed with the invalid illegal or
may be required before the commencement of the Services, the unenforceable provision eliminated
cost of which shall be the sole responsibility of the customer 16 ASSIGNMENT
7.4 Comply with such other requirements as may be set out in the The customer shall not be entitled to assign his or its rights or
Proposal or otherwise agreed between the parties obligations under any contract with the supplier without the prior
7.5 For the provision of Services by the Supplier the Customer must provide written consent of the supplier
17 NOTICES
the Supplier with a proper contact address (PO Box is not acceptable) and Where a notice is to be given to any party hereto it may be served by
any contact details as required by the supplier and agree to inform the leaving it at the registered office or last known address of that party
Otherwise it may be sent by first class letter or post to the registered office
Supplier immediately in writing (an email is acceptable) of any changes or the last know Address of that party, when it shall be deemed to have
thereto. The Supplier may be their discretion either suspend or terminate been served at the expiration of 48 hours after it has been posted.
the supply of goods or services if they are unable to contact the supplier
8 SUPPLIER’S OBLIGATIONS
8.1 The supplier warrants that the goods will at the time of delivery
correspond to the description given by the Supplier
9 CANCELLATIONS AND REFUNDS FOR GOODS AND SERVICES
9.1 Where goods are faulty or do not comply with any of the proposal
the Customer must notify the Supplier with 3 days of delivery and
return the Goods within 3 days of notifying the Supplier.
9.2 Once Supplier has confirmed goods are faulty or do not comply with any
of the contact, Customer shall be entitled to replacement or full refund.
9.3 Any request by the Customer to cancel an order must be made by
notifying the Supplier in writing. Refunds will not be made where the
goods ordered have been manufactured, the goods or services being
supplied comply with the contact, and the Supplier has incurred
expenditure with sub contractors to fulfil the order.
Wrights of Lymm Ltd and Connoisseur Gold)
1. DEFINTIONS 10 CONFIDENTIALITY
In this document the following words shall have the following meanings All mail items received and business information acquired by the Supplier are
1.1 “Consumer” shall have the meaning ascribed in section 12 of the treated as commercially confidential and will not be disclosed or supplied to
any third party outside of the Supplier or partner companies as agreed in the
Unfair Contract Terms Act 1977 contract for provision of Services. The duty of confidentiality by the Supplier
1.2 “Customer” means any person or company who purchases to the Customer does not apply when the Supplier is required by English law
to provide the information to the police or other organisations empowered by
goods and services from the supplier the statute or under any money laundering regulations in force for the time
1.3 “Proposal” means a statement of work quotation internet website or being
other document or electronic media describing Goods and Services 11 LIMITATION OF LIABILITY
to be provided by the Supplier 11.1 The Supplier shall not be liable for any direct loss or damage suffered by
1.4 “Goods” means the articles specified in the Proposal
1.5 “Service or “Services” means the services specified in the Proposal the Customer howsoever caused, as a result of any negligence, breach of
1.6 “Supplier” means Wrights of Lymm Ltd incorporating contract or otherwise in excess of the price for the goods and services
C.F.Stonehouse & Sons, Connoisseur Gold 11.2 The supplier shall not be liable under any circumstances to the Customer or
1.7 “Terms and Conditions” means the terms and conditions of supply set any third party for any indirect or consequential loss or profit, consequential or
out in this document and any special terms and conditions agreed in other economic loss suffered by the Customer howsoever caused, as a result
writing by the supplier of any negligence, breach of contract misrepresentation or otherwise
1.8 The expression the Act means the Companies Act 1985 as amended 11.3 For avoidance of doubt time shall not be the essence and supplier
by the Companies Act 1989, but so that any reference in these Terms and not liability to the Customer in respect of any failure to complete
and Conditions to any provision of the Act shall be deemed to include the services by any agreed completion date
a reference to any statutory modification or re-enactment of the 12 INDEMNITY
provision for the time being in force The Customer agrees to indemnify each of the Supplier his principal’s
2 GENERAL agents and respective servants against
2.1 These Terms and Conditions shall apply to all contracts for the supply of 12.1 The consequences of any defect in or unsuitability of any article plant
Goods or Services by the Supplier to the Customer and shall prevail over or other equipment or incorrect information provided by the Customer
12.2 The consequences of any breach of health and safety regulations
any other documentation or communication from the Customer. made or code of practice approved pursuant to statue
12.3 All claims by third parties and other claim under common law or by
2.2 Any variation to these Terms and Conditions shall be inapplicable statute arising out of any such defect unsuitability or breach
unless agreed in writing by the Supplier. 12.4 All damages penalties costs and expenses to which become liable as the result
of work done in accordance with any contract between them which involves the
2.3 Nothing in these Terms and Conditions shall prejudice any condition infringement of any letters patent, copyright, design, trademark or other
of warranty express or implied or any legal remedy to which the intellectual property right or any claim for such infringement
Supplier may be entitled in relation to the Goods and Services, by
Virtue of any statute, law or regulation. 12.5 Any claims costs and expenses arising out of any slanderous matter,
translated printed or in any matter published by the customer including any
2.4 Nothing in these Terms and Conditions shall affect the Customer’s such loss arising out of costs and expenses incurred in respect of any
statutory rights as a Consumer. threatened action and any costs and expenses incurred arising out of any
action which is settled by the parties concerned without being tried by at court
3 THE ORDER or other tribunal and all actions costs claims and demands arising out of any
3.1 All Orders for goods or services shall be deemed to be acceptance of contract between them whether occasioned by breach
the Proposal pursuant to these Terms and Conditions 13 TERMINATION
The Supplier shall have the right to terminate any agreement with the
4. PRICE AND PAYMENT Customer
4.1 The price for the Goods or Services are subject to any applicable
13.1 Breach of any of the terms of this contract by the Customer
charges and VAT 13.2 If a petition is made for the Customers bankruptcy or a criminal bankrupt
4.2 Payment of the price shall be in the manner specified in the Proposal
order is made against the customers or if the customer makes any
4.3 All goods are to be paid for prior to dispatch, unless the Customers has a composition or arrangement with or for the benefit of creditors or makes
any conveyance or assignment for the benefit or creditors
credit agreement, whereas payment is strictly 30 days from date of invoice 13.3 Where the Customer is a company. If any action is taken for or with a view
to its winding up or a petition is presented for an administration or a
4.4 If the Customer fails to make any payment within 30 days of it winding up order against it or such an order is made or it becomes
becoming duty date. The supplier shall be entitled to charge interest insolvency Act 1986, or an administrative receiver, receiver or manager of
at the current base rate plus 2% per month on outstanding amounts. its undertaking is duly appointed by a creditor o by the court or possession
is taken of any of its property by an encumbrance and in that event such
4.5 All Goods remain the property of Wrights of Lymm Ltd until full terminal shall not affect any rights which the Supplier may have against
payment has been received the Customer in consequence of the breach by the customer
13.4 If without reasonable cause the Customer with holds either an agreed
5. DELIVERY interim or full payment to the Supplier in respect of this contract or
5.1 The date of delivery specified by the Supplier is an estimate only, Time any other contract between the two parties
13.5 If it is the suppliers belief that the Goods or Services are being used
for delivery shall not be of the essence of the contract and the with a fraudulent or criminal intent
Supplier shall not be liable for any loss damages charges or 14 FORCE MAJEURE
expenses caused directly or indirectly by any delay in the delivery of Neither party shall be liable for any delay or failure to perform any of its
the Goods or performance of services. obligations if the delay or failure results from events or circumstances
5.2 All risk in the Goods shall pass to the Customer upon dispatch outside its reasonable control including but not limited to acts of God
6 TITLE strikes lock outs accidents, war fire breakdown or plant machinery or
6.1 Title in the goods shall not be pass to the Customer and will remain shortage or unavailability of raw materials from a natural source of supply
the property of Wrights of Lymm Ltd until the Supplier has been paid and the part shall be entitled to a reasonable extension of its obligations
in full for the goods 15 SEVERANCE
7 CUSTOMERS OBLIGATIONS If any term or provision of these terms and conditions is held invalid
To enable the Supplier to perform its obligations the Customer shall illegal or unenforceable for any reason by any court of competent j
7.1 Co-operate with the Supplier jurisdiction such provision shall be severed and the remainder of the
7.2 Provide the Supplier with any information provisions hereof shall continue in full force and effect as these
7.3 Obtain all necessary permissions, licenses and consents which terms and conditions has been agreed with the invalid illegal or
may be required before the commencement of the Services, the unenforceable provision eliminated
cost of which shall be the sole responsibility of the customer 16 ASSIGNMENT
7.4 Comply with such other requirements as may be set out in the The customer shall not be entitled to assign his or its rights or
Proposal or otherwise agreed between the parties obligations under any contract with the supplier without the prior
7.5 For the provision of Services by the Supplier the Customer must provide written consent of the supplier
17 NOTICES
the Supplier with a proper contact address (PO Box is not acceptable) and Where a notice is to be given to any party hereto it may be served by
any contact details as required by the supplier and agree to inform the leaving it at the registered office or last known address of that party
Otherwise it may be sent by first class letter or post to the registered office
Supplier immediately in writing (an email is acceptable) of any changes or the last know Address of that party, when it shall be deemed to have
thereto. The Supplier may be their discretion either suspend or terminate been served at the expiration of 48 hours after it has been posted.
the supply of goods or services if they are unable to contact the supplier
8 SUPPLIER’S OBLIGATIONS
8.1 The supplier warrants that the goods will at the time of delivery
correspond to the description given by the Supplier
9 CANCELLATIONS AND REFUNDS FOR GOODS AND SERVICES
9.1 Where goods are faulty or do not comply with any of the proposal
the Customer must notify the Supplier with 3 days of delivery and
return the Goods within 3 days of notifying the Supplier.
9.2 Once Supplier has confirmed goods are faulty or do not comply with any
of the contact, Customer shall be entitled to replacement or full refund.
9.3 Any request by the Customer to cancel an order must be made by
notifying the Supplier in writing. Refunds will not be made where the
goods ordered have been manufactured, the goods or services being
supplied comply with the contact, and the Supplier has incurred
expenditure with sub contractors to fulfil the order.
