Delivery Costs, VAT and Terms and Conditions
VAT is not included in the prices you see, but will be added at checkout. Delivery is between £9.50 and £15 + VAT depending on the size of the order for next day UK mainland (excluding weekends and bank holidays). For non-UK shipping costs, or to arrange delivery on a Saturday, please ring us on 01732 360 095. By purchasing Newton Damp Proofing products online, you are agreeing to our standard Terms & Conditions Of Sale
Terms and Conditions of Sale
The Company reserves the right to alter its Terms and Conditions of trading without prior notice, so each time you order our goods you should satisfy yourself that you are placing the order on the basis of our correct Terms and Conditions.
These Terms and Conditions of contract apply to all contracts for sales of goods made between John Newton & Co. Ltd. (the Company) and its customer (hereinafter called the Purchaser). Any qualification or modification of these conditions will be invalid unless expressly agreed in writing and signed by a director of the Company.
2. ORAL INFORMATION
No responsibility can be accepted for any oral information or orders whether given or received unless confirmed in writing.
The Company cannot accept responsibility for misinterpretation and inaccuracies or omissions of any Specifications, Drawings, Bills of Quantities or other information supplied by the Purchaser.
(i) All times and dates of deliveries specified herein are estimates and are not deemed to the essence of the contract. Whilst we will use its best endeavours to execute the order by the time or dates specified herein, we will not be liable for any direct or consequential losses arising therefrom due to delays in delivering materials.
(ii)The Purchaser undertakes to provide a safe and convenient route for vehicles to pass. The delivery driver has the right to refuse to deliver over a route which in their opinion it is not safe or convenient for the vehicle to pass.
(iii) The Purchaser will ensure that either he (or a representative) is present at the delivery address to accept delivery of the goods and sign the delivery note. The Purchaser at his own expense will be responsible for the proper unloading of materials. We do not accept any liability for any damage to the materials while they are being unloaded.
All goods must be examined at the time of delivery and any loss or damage recorded on the carrier’s delivery note. The delivery note will be final and conclusive proof that the Purchaser has received the materials in good order and condition. Claims for short delivery or damage of materials must be noted on the delivery note. The Purchaser must also advise us in writing immediately thereafter of any such shortage or damage. Packaging materials and damaged goods must be retained for inspection.
6. TITLE AND RISK
The goods shall be at the risk of the Purchaser following delivery and notwithstanding delivery, title in the goods shall not pass to the Purchaser until the Purchaser has made payment of the sums owing to the Company failing which the Company shall have the right to repossess or otherwise recover the goods. Until title passes the Purchaser shall hold the goods as bailee for the Company and shall store or mark them so that they can at all times be indentified as goods of the Company.
The Company cannot accept responsibility for defects caused to the goods which occur after delivery due to unsatisfactory handling, storage under unsuitable conditions or workmanship, or any other reason. All statements, technical information and recommendations contained in the Company’s literature are based on tests we believe to be reliable, but the accuracy or completeness thereof is not guaranteed and the following is made in lieu of all warranties, express or implied. Sellers and manufacturers’ only obligation shall be to replace such quantity of the product proved to be defective. The Company shall not be liable for any injury, loss or damage, direct or indirect or consequential, arising out of the incorrect use of or the misuse of the product. Before using the goods the user shall determine the suitability of the product for its intended use. The user assumes all risk and liability, whatsoever in connection therewith. No statement or recommendation shall have any force or effect unless in an agreement signed by a director of the Company.
No credit will be allowed for materials unless they are returned to the Company’s warehouse in good condition, carriage paid and within one month of the invoice date. Any credit will be subject to a 15% restocking charge.
9. CONSEQUENTIAL LOSS
The Company shall not be liable or responsible for any consequential loss, indirect loss, loss of business, loss of or damage to data, third party claims or loss of profit opportunity. Time shall not be of the essence of the performance of the contract by the Company and the Company shall not be liable for any loss to the Purchaser due to an over run of the works.
10. PAYMENT TERM
Payment is due at the date of order with cleared funds, or shall be made within 30 days of the invoice date if a credit account has been approved by the Company, unless extended credit terms have been previously agreed in writing. Where part of any account becomes overdue, the whole of the account, whether due or not, becomes payable immediately. The Company reserves the right to charge interest at a rate of 5% above the Bank of England base rate pro-rata on all outstanding debts without prejudice to the Company’s rights to pursue such outstanding debts at any time after the date on which they become due.
11. FORCE MAJEURE
The Company will not be responsible for any action by a person or persons or other cause outside its control and under such circumstances may either delay or cancel an order.
(i) Any terms and conditions of sale which the Purchaser may purport to impose shall form no part of the contract between the Purchaser and the Company. None of the Company’s employees or agents has any authority to bind the Company by oral agreement at variance with these terms and conditions of trading. Any variance must be agreed in writing.
(ii) Each right or remedy of the Company under the Terms and Conditions is without prejudice to any other right or remedy of the Company whether under the Terms & Conditions or not.
(iii) If any provision of the Terms & Conditions is found by any court, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of Terms and Conditions and the remainder of such provision shall continue in full force and effect.
(iv) Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms and Conditions shall not be construed as a waiver or any of its rights under the Terms and Conditions.
(v) Any waiver by the Company of any breach of, or any default under, any provision of the Terms and Conditions by the Purchaser shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other Terms and Conditions.
(vi) Neither the Company nor the Purchaser intends that any of the Terms and Conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to them.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts