These are the Terms and Conditions (Terms) on and subject to which we agree to supply our Goods to you and you should read them carefully before submitting an Order to us. Your attention is drawn to the provisions of Paragraph 11 and also point 5.7 regarding delivery.
1. Definitions: Words stated in bold shall denote defined terms used throughout these Terms.
Bespoke Goods: any Order which is classified on our Order Confirmation as being for bespoke goods or as being made to order.
Business Day: a day (Other than a Saturday, Sunday or Public Holiday in England) when Banks in London are open for business.
Catalogue: the catalogue listing our Goods as published from time to time.
Contact: the contract between you and us for the Sale of Goods.
Goods: The racks, trolleys, biers, lattices, covers, palls, trays, tables, furniture, hoists coffin stands, loaders, crematorium trolleys and other related goods.
Order: your order for Goods whether made by phone, online via our website, by fax, by email or via telephone or acceptance of any quotation.
Quotation: our quotation for the supply of Goods if applicable. The quotation outlines the specification of the product to be supplied to you. Should You accept this quotation to proceed to Order. The specifications provided therein shall be considered as accepted as part of your order unless changes, alterations or otherwise are agreed by us in writing.
You/your: the business or person named in the Order.
We/us/our: AR Twigg & Son Ltd, a company registered in England and Wales under company number 08205257 with its registered office and main trading address as Unit 2C, Pipers Lane Industrial Estate, Thatcham, Berkshire, RG19 4NA. Vat number 151 0344 58.
a) A reference to a statue or statutory provision is a reference to such statue or provision as amended or re-enacted and includes any subordinate legislation made under that statue or statutory provision, as amended or re-enacted.
b) Any phrase introduced by terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
c) When we refer in these Terms to in writing, this includes email and fax communication.
2.1 In our catalogue, website and other marketing and promotional materials, all images and drawings of Goods are for illustrative purposes only, and all sizes, weights, measurements, performance levels, capacities and other particulars are approximate. While we make every effort to be as accurate as possible, they do not form part of the contract and do not have any contractual force.
2.2 We reserve the right to amend, add to or withdraw Goods from our range and to alter specifications without notice and we do not undertake to carry spare parts for Goods we no longer supply fitted with a specific product.
2.3 If we are making Bespoke Goods to measurements you have given us, you are responsible for ensuring that these measurements are correct. Racking is always made Bespoke to suit your set up.
3.1 Any quotation shall not constitute an offer. Any quotation will be valid for 30 days and we reserve the right to withdraw or submit a revised quotation following price fluctuations (By our Suppliers) or changes made by you to any volume, specification or other requirements.
3.2 The Order constitutes an Offer by you to purchase the Goods in accordance with our Terms and Conditions of sale. If we accept the Order, you waive any right you may have to rely on any term endorsed upon, delivered with or contained in any of your documents that is inconsistent with these Terms.
3.3 If you are a Consumer: If you wish to make a change or amendment to the Goods you have ordered please contact us. We will let you know whether the change is possible. If it is possible we will inform you of any changes to the price of the Goods, 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.
3.4 If you are a Business:
a) If you wish to cancel or change your Order before the Goods have been despatched, we may agree to such cancellation or change at our sole discretion;
b) If you wish to cancel or change your Order before the Goods have been despatched, we may charge a restocking fee of 15% plus VAT of the total value of the Order, or the Goods in respect of which the cancellation or change is made as Goods are stored in component form. This is regretted, but essential to maintain a competitive price structure.
a) We will not accept any order for Bespoke Goods until you have confirmed in writing that all related drawings and specifications are correct and in line with your requirements.
b) Any amendments that you request to the Bespoke Products once manufacturing has started will be at your cost as reasonably determined by us and for us to provide a revised Quotation to the new drawings and or specification.
c) You may not cancel an order for Bespoke Goods once the Bespoke Goods have been delivered and signed for.
d) If you wish to cancel an order for Bespoke Goods immediately prior to the delivery of such goods, you must pay us the full price for the goods as specified in clause 4.1 to cover our costs for designing and manufacturing such goods.
e) If you wish to cancel an order for Bespoke Goods at any stage up to the point where such goods are about to be or are being manufactured, we may charge you for any costs that we reasonably determine we have incurred up to that point.
4.1 The price of the Goods will be advised to you at time of your Order or, subject to paragraph 3.1, set out in any Quotation. We will check prices on or following receipt of your Order and if the price at that time is higher than that price we notified you, we will contact you for your instructions before we accept your Order.
4.2 The price of the Goods excludes value added tax (VAT) which shall be payable additionally at the prevailing rate.
4.3 Where applicable, we shall invoice you for the Goods on or at any time after the date of despatch of the Goods. Unless otherwise agreed, you must pay each invoice in full and in cleared funds using details set out in the Invoice on or before the 30th day of the invoice date, following despatch of the Goods.
4.4 If you are a business, we may agree to open a credit account for you subject to receipt of satisfactory references. Our payment terms still remain the same at 30 days from date of invoice.
4.5 If you fail to make any payment by the due date when notified by us in writing, we may charge you interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. You must pay interest with any overdue amount.
5.1 Unless otherwise specified in any correspondence or agreed in writing with you, Orders will be delivered as soon as they have been manufactured and are ready to be delivered. All Goods apart from component parts brought in by us, are manufactured from scratch. We do our utmost to deliver Goods in a timely manner, but we cannot and will not be held liable for any Financial penalties that either you or your Customer impose due to a late or delayed delivery. If you are a Business then any dates quoted for delivery are approximate only and time of delivery is not of the essence.
5.2 Unless otherwise agreed with us in writing, you are responsible for the costs of delivery and insurance which will be advised at the time of Order. If we arrange these on your behalf we will invoice you for them. Our insurance does not cover goods which are being collected or delivered via an Agent you have instructed to undertake the delivery/collection.
5.3 Some areas of the UK are subject to higher delivery charges and longer delivery times including:
a) The following postcodes: Ab30-AB56, FK17-22, G83, HS1-9, IV1-56, KA27-28, KW1-17, PA20-78, PH18-44, ZE1-3.
b) Isles of Scilly, Isle of Man, Channel Islands, Scottish Highlands and Islands, Northern Ireland and Isle of Wight.
5.4 If you have asked to collect the Goods from us, you can collect them from us at an agreed time and date confirmed by us in writing.
5.5 Delivery of an Order shall be considered completed when collected by you or when we deliver the Goods to an address you have agreed with us. Any goods before being accepted and signed for by you, or your customer, are assumed to have been checked by you and free from defect, as per the delivery note instruction provided. We shall not be held liable for any signed for goods that are then subsequently found to not meet these conditions.
5.6 If you are a business you must notify us in writing:
a) within 1 day of completion of delivery of an Order if there is a shortage in quantity of Goods delivered; or
b) within 7 days of receipt of our invoice if an Order has not been delivered, otherwise we cannot accept any claims for incomplete or non-delivery.
5.7 If goods are being delivered via a Courier company or an Agent then all goods must be inspected at the time of delivery for damage. The Courier Agent’s electronic portal/paperwork must be endorsed accordingly if the item(s) is/are damaged. We cannot claim for any loss or damage to products when they have been signed for. By signing to accept the goods you are confirming they have been received in good condition. We cannot accept any liability if the products are signed for when damaged and full payment of the invoice is still required. All products are labelled by us to ensure they are checked.
6.1 If you are a Consumer then for Goods (Other than Bespoke Goods except at our discretion and subject to clause 3.5), you have a legal right to change your mind and cancel the contract within 14 days (beginning on the day after you or someone nominated by you accepts the Goods) and receive a full refund. Advice about your legal right to cancel is available from your local Citizens Advice Bureau or Trading Standard’s Office.
6.2 To cancel the Contract please contact us by telephone email or post. Please provide details of your purchase, when you ordered or received the goods and your name and address.
6.3 If you cancel the Contract after the Goods have been despatched to or received by you, you must return them to us at your cost, unless agreed otherwise in their original packaging, free from defect, in resale condition and without undue delay, within 14 days of informing us you wish to cancel the Contract.
6.4 We will pay for costs of return if the Goods are found to be faulty or mis-described as per our original quotation or, if you cancel the Contract because we have told you of an up and coming change to the Goods, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of the returning the goods to us.
6.6 We will not be responsible for insuring the Goods when they are being returned by you. Upon receipt and inspection of the returned Goods we will advise you if they have been received and if they have arrived damaged or undamaged. We cannot be held responsible for the loss of Goods being returned where we have not organised the collection of those Goods on your behalf.
6.5 We will refund you the price you paid for the Goods, but may make a deduction to reflect any decrease in value of the Goods if this is found to have been caused by you or your agents mis-handling or mis-use, of the product. If we refund you the price paid before we are able to inspect the Goods and later discover you or your agents have handled them in an unacceptable manner, you must pay us an appropriate amount to make good the defect. We will make refunds to you by the same method you used to pay for the Goods.
7.1 We may end the Contract at any time by writing to you if:
a) You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
b) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
7.2 If you are a business, we may terminate the Contract immediately by written notice if you commit a material breach of your obligations under these Terms which cannot be remedied within a period of 10 business days of receiving written notice of such breach or if you become insolvent or any similar insolvency event occurs of action or proceeding is taken to manage or wind up your affairs.
7.3 If you are a Consumer and we end the Contract in the situations set out in paragraph 7.1, we will refund any money you have paid in advance for Goods we have not despatched but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breaking the Contract.
7.4 Termination of the Contract however arising shall not affect any of our Rights and Remedies that have accrued as at Termination.
8.1 If you have any questions or complaints about the Goods please contact us.
8.2 We guarantee that the Goods will be free from material defects in and workmanship for a period of 1 year (Subject to Clause D) from the date of collection or delivery of Goods (Guarantee Period) except where any defect in the Goods arises from any specification provided by you or:
a) Fair wear and tear;
b) Alteration, wilful damage, abnormal storage, use or working conditions, accident or negligence by you or by any third party;
c) Failure by you or any third party to operate or use the Goods in accordance with any instructions supplied with the Goods including: use with higher load capacities, use on unsuitable or uneven floors, used at excessive speed, use in ambient temperatures that are too high or too low or other abnormal storage or working conditions,; subjection of the Goods to damaging substances, unreasonable levels of impact and shock loads; intrusion of foreign matter into parts of the Goods; incorporation of the Goods with other products or modifications not approved by the manufacturer.
d) In relation to any product we manufacture that is operated by means of hydraulics, or electrical motors then these items must be inspected on an annual basis to comply with the LOLER (Lifting and Operating Equipment Regulations 1998) and PUWER (Provision of Use of Work Equipment Regulations 1998 (1999 Northern Ireland). It is a requirement of the 3 Year warranty that these items are inspected 12 months after delivery or collection of the Goods in order to comply with the Health and Safety Act. The warranty is only valid if the piece of equipment is inspected by an Engineer approved and recognised by AR Twigg & Son Ltd. A list is available on request. Failure to comply with this Clause renders the 3 Year warranty period void and the product would only be covered for a period of 12 months from the date of delivery or collection.
8.3 Subject to Paragraph 8.2 in order to make a claim under the guarantee, you must;
a) Notify us before the expiry of the Guarantee Period with a description of the alleged defect; and
b) If asked to do so by us, return the Goods to our address detailed in Clause 1.1;
c) If you are a business the return of the Goods will be at your cost but we may reimburse you with your reasonable costs if we determine that the defect is due to our fault;
d) If you are a Consumer the return of the Goods will be at our cost (as specified in Clause 6.4). We will at our discretion, either repair or replace the defective Goods or any defective component comprised in the Goods without charge.
8.4 If you are a Consumer, we are under a legal duty to supply Goods that are in conformity with the Contract. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. The Guarantee in paragraph 8.2 is provided in addition to and not as a substitute for your legal rights.
9.1 For Business Customers:
a) Risk in the Goods will pass to you upon collection or completion of the delivery.
b) You will not own title to the Goods until we have received payment in full and in cleared funds for the Goods under contract.
9.2 For Consumers:
You will not own the Goods until we have received payment in full. The Goods will be your responsibility from the time we deliver them to you or you collect them from us.
10.1 If you order Goods for delivery to a destination outside the United Kingdom, you are responsible for obtaining at your own cost any relevant import licences and other consents and paying any import duties in relation to the Goods as are required from time to time and you will, if we require, make those licences and consents available to us before we despatch the Goods from our premises.
10.2 You must comply with all applicable laws and regulations of the Country for which the Goods are destined. We will not be liable or responsible if you break any such law.
10.3 If you are required under any applicable law to withhold or deduct any amount from payments due to us, you shall increase the sum you pay to us by the amount necessary to leave us with an amount equal to the sum we would have received if no such withholding or deduction had been made.
11.1 If you are a business: We shall in no circumstances whatever be liable to you, whether in contract, tort (including negligence) breach of statutory duty, or otherwise for any losses of profit or any indirect or consequential loss arising under or in connection with the Contract. Our total liability to you in respect of all other losses arising under or in connection with the Contract shall in no circumstances exceed the value of the relevant order.
11.2 If you are the consumer: We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or Damage is foreseeable if it is an obvious consequence of our Breach or if it was contemplated by you and us at the time we entered into the Contract. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence or for any liability which cannot be excluded or limited by law.
If our supply of the Goods is prevented or delayed by an Act or Event beyond our reasonable control (Event outside our control) then we will contact you as soon as possible to let you know what actions, if any, we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the Act or Event, but if any delay continues for more than 30 days, you may contact us to cancel the Contract and receive a refund for any Goods paid for but not delivered.
13.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.2 Any Contract made under the Terms is between you and us. No other person shall have rights to enforce any of its Terms.
13.3 Each paragraph of these Terms operates separately. If any Court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in force and effect.
13.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any subsequent default by you.
13.5 If you are a Business:
a) You confirm that you have the authority to bind any business on whose behalf you purchase the Goods.
b) These Terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us, which is not set out in the Contract. These Terms apply to the Contract to the exclusion of any other terms you seek to impose or incorporate, or which are implied by trade, custom practice or course of dealing.
c) you and we agree that neither of us shall have any claim for innocent or negligent representation based on any statement in the Contract.
d) All other terms implied by statue or otherwise that relate to performance, quality, fitness for purpose or compliance with description ar, to the fullest extent permitted by Law, excluded.
e) You and we irrevocably agree that Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
13.6 If you are the Consumer: These Terms are governed by English Law and you can bring legal proceedings in respect of the contract and any dispute or claim rising out of or in connection with it in the English Courts. You and we agree that the Courts of England and Wales will have jurisdiction. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.