UK Electrical Wholesalers Ltd, 4 Dewhurst Street, Manchester, M8 8FT, Company No. 08692139
Telephone: +(44) 0 161 832 6309
To protect your own interests please read the conditions carefully. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email our customer queries department at the above address and telephone number BEFORE you place the order. YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from www.ukew.com you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of UK Electrical Wholesalers Ltd. Online Retailer. Registered number: 08692139 ("the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods"). Subject to the provisions of Clauses, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form.
PLEASE NOTE THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
In these Conditions:
· ‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
· ‘Contract’ means the contract for the sale of the Goods;
· ‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
· 'Delivery Area' means where ever we accept an order from;
· 'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
· ‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
· ‘Order’ means any order placed by you with us for the supply of Goods;
· ‘Order Form’ means the electronic order form completed and submitted electronically by you;
· ‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
· 'Web Site' our presence on the world wide web, currently accessible via the address www.ukew.com.
Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
Unless the context otherwise requires:
· Words importing the singular shall include the plural and vice versa;
· Words importing the masculine gender shall include the feminine gender and vice versa;
· References to persons shall include bodies of persons whether corporate or incorporate.
· Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
Price of the goods
The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.
The total price is inclusive of any applicable value added tax.
Terms of payment
Upon providing us with details of the Payment Card and submitting the Order you:
· Confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card;
· Authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
Where Goods are returned by you in accordance with your rights under the provisions of Clause, we shall credit the Payment Card with the appropriate amount.
We will not pass your personal information onto any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance, delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
Risk and property
As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
Subject to the provisions of the clause and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
Warranties and liability
All products carry a 12-month warranty. Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
As a consumer, you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to: reject the Goods and receive a full refund; or have the Goods (or the part in question) replaced free of charge. Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either: replace the Goods (or the part in question) free of charge or at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where: i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage is not a reasonably foreseeable result of any such breach; iii) any increase in loss or damage resulting from breach by you of any term of this contract. In the event that you are using the supplied address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
We assume no responsibility for the contents of any other web sites to which this Web Site has links.
Right to Cancel
You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price.
During the cooling off period, any cancellation must be given by written notice by either party.
Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.
The right to cancel this contract will not apply in respect of: Personalised Goods or Goods made to your specification Audio, video recordings (including DVDs) or computer software you have unsealed Betting games or lottery services Newspapers and magazines Food, drink or other Goods intended for everyday consumption. Contracts for accommodation, transport, catering or leisure services which are arranged for a specific time or date, e.g. train, airline or concert tickets or hotel bookings Timeshare and package holidays
In the event that we supply substituted Goods to you in accordance with the provisions of Clause, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
Any communication sent electronically by e-mail or otherwise:
· Will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
· Will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
· Will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
· Will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
The headings in these Conditions are for convenience only and will not affect their interpretation.
All goods supplied by us are sold only upon the following conditions. The placing of an order for any such goods, or the acceptance of our quotation or tender or of delivery of the goods, includes acceptance of the following conditions. Unless expressly agreed by us in writing any other terms or conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotation or tender, all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance or other descriptive matter or pre-contractual statements are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of product and the point and date of delivery.
Unless previously withdrawn, our quotation is open for acceptance within the period stated therein or, when no period is so stated, within 30 days after its date, and is subject to written confirmation by us at the time of acceptance. All goods are offered subject to their being available upon receipt of order.
Unless otherwise specified, the price quoted includes delivery to any premises specified by you within our van delivery area, full details of which are available on request. The risk in all goods passes to you when they first enter those premises or are placed in store under Clause 5. We reserve the right to choose the method of transport, to charge for deliveries outside our van delivery area, and to charge you with all manufacturers' carriage charges for special items.
4. Delivery Times
Time for delivery shall not be of the essence of the contract unless previously agreed by us in writing. Any dates or times quoted for delivery are to date from receipt by us of your written order and all necessary information to enable us to put the work in hand. Such quoted delivery dates or times are approximate only as we are subject to the manufacturers' or suppliers' delivery promises which we pass on to you in good faith. For the avoidance of doubt such delivery dates or times given to you shall not create a contractual obligation to deliver on such date or time and accordingly no liability shall be accepted by us for any claim by you or any third party for direct or consequential loss or damage arising from delay in delivery.
5. Delay in delivery
If we do not receive sufficient forwarding instructions within 14 days after notification that the goods are ready for despatch, you will either take delivery or arrange for storage. Otherwise we shall be entitled to arrange storage on your behalf and at your risk, either at our own works (making a charge of 11/2% of the invoice value of the goods per month) or elsewhere. We shall be entitled to payment as if the goods had been duly delivered. All charges for storage, insurance or demurrage will be payable by you.
Unless you give us written notice within 7 days from the date of delivery that the goods are not in conformity with the contract, you are deemed to have accepted the goods.
7. Passing of Property
Each of the following sub-clauses 7.1 to 7.7 are separate and severable and shall be enforceable accordingly:
Notwithstanding delivery, all goods supplied by us will remain our absolute property until you pay in full for them and for all other goods previously supplied by us
You will store the goods in such a way that they are readily identifiable as our property, but you may, as trustees for us, sell them to a third party in the normal course of your business;
Upon any sale by you of the goods (either alone or with other items) all rights which you have against the buyer shall automatically vest in us;
We shall be entitled immediately after giving notice of our intention to repossess, to enter upon any premises with such transport as may be necessary and repossess any goods to which we have title under this Clause;
If you incorporate the goods we supply to you into other products with or without materials you already possess or which are supplied to you by third parties the property in such other product will pass to us and you shall store them without charge on our behalf as bailee;
You shall not be entitled to pledge or in any way charge by way of security any of the goods which remain our property but in the event you do so all moneys owing by you to us shall without prejudice to any other right or remedy available to us forthwith become due and payable.
Where you are not the end user or a householder you shall be responsible for the cost of collection, treatment, recovery and environmentally sound disposal of all goods that fall within the scope of The Waste Electrical and Electronic Equipment Regulations 2006 together with any separate or supplemental implementation of the European Parliament and Council Directive on Waste Electrical and Electronic Equipment whether by Defra, the Department of Environment Northern Ireland or the Scottish Executive (together the "WEEE Regulations").
8. Loss or damage in transit
Any shortage or damage must be clearly stated upon the driver's Delivery Sheet and a written statement of the facts received at our branch and by the Carrier (if not ourselves) within 3 days after the date of delivery, otherwise no claim will be entertained. The package and contents should be retained for examination. Written notice of any non-delivery must be received at our branch within 7 days after the date of invoice. Time is of the essence of this Clause. Our liability in respect of any claim accepted under this Clause is limited to making up the shortage or replacing any goods proved to have been damaged or lost in transit to the point of delivery, and we accept no liability for any loss or damage suffered by you, whether direct or consequential and howsoever arising.
9. Packing Etc.
Crates, cases, pallets, stillages or skids or other returnable packaging are not included in the quoted price, and will be charged at current rates. You will, however, be credited with the amount charged when it is returned to us in good condition within 14 days of the date of our invoice. Cable drums will be charged in accordance with the makers' drum schedules.
All goods are sold subject to the prices and any relevant discounts ruling at the time of delivery. Our prices, discount rates and Conditions of Sale may be altered at any time without notice. All discounts and prices are calculated upon a "whole order" or "majority of the order" basis. If, when placing your order you select only certain items or reduced quantities are specified, we must reserve the right to review the discounts and prices at which such orders are accepted.
Payment in full without retention or set-off shall be due not later than the end of the month following that in which the goods were delivered, or on earlier demand. If you do not comply punctually with these terms of payment we reserve the right to charge you interest on any amount overdue at the rate of 2% over the Royal Bank of Scotland plc base rate current for the time being, and without notice to suspend further deliveries until all arrears (including interest) have been paid and, at our option, to rescind any subsisting contract with you as to all or any parts of future deliveries but without prejudice to any rights already accrued to us under such contracts.
It is your responsibility to determine that the goods are sufficient and suitable for the purpose to which they are to be put. We cannot accept any responsibility either in respect of the installation of any goods or as to the ultimate performance of any product in which the goods may be installed. We shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the goods are used.
13.Defects after delivery
All goods supplied by us are manufactured by others. Accordingly, we shall pass on to you the benefit of the warranty, if any, given by the manufacturer of the goods. Our liability under this Clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and we shall not be under any liability, whether in contract, tort or otherwise in respect of any goods or loss resulting from such defects or from anything done or omitted in connection with the goods or from any work done in connection therewith.
14. Return of Goods
In no circumstances may goods supplied against a firm order be returned without our prior written consent and the receipt of your advice note stating the reason for the return and the date and number of our invoice. All goods returned must be securely packed and, unless we arrange collection, consigned carriage paid. If we collect we reserve the right to make a handling charge, and the issue of our collection note will not bind us to issue any credit in respect of the goods.
We may without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if:-
you fail to make payment on the due date under this or any other contract between us;
you purport to cancel or suspend, or commit any breach of, this or any other contract between us;
you become insolvent or make any composition with your creditors or have a receiver appointed of all or any part of your undertaking or assets or go into liquidation (save for the purposes of amalgamation or reconstruction) and we shall be entitled to recover from you all our loss including any loss of profit or loss on re-sale.
Any failure by us to enforce any or all these Conditions shall not be construed as a waiver of any of our rights hereunder.
17. Rights of, Third Parties
For the avoidance of doubt the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to any term or condition hereof and nothing contained herein shall confer on any third party any benefit or the right to enforce any term or condition hereof.