Definitions

The following terms used in these terms and conditions have the meaning as stated:

• “Company” means JWS Industrial & Welding Supplies Ltd;
• “Conditions” means these Conditions of Supply;
• “Confidential Information” means any information disclosed by one party to the other where the disclosing party has expressed the information as confidential, or the information could be reasonably assumed to be confidential;
• “Contract“, any agreements or contracts that are made between a company (supplier) and the customer to supply the goods incorporating with these conditions;
• “Customer” means any person, business and organisation who buys good or services from a shop or business;
• “Delivery” the action of delivering letters, parcels, or goods;
• “Goods” means any goods or materials agreed in the Contract to be supplied by the Company to the Customer;
• “Warranty” means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen.

These conditions shall apply both to customers who are business customers and consumers.

• A customer is a business customer if they purchase goods from the company for the purposes of the customer’s business, trade or profession, rather than for private use.
• All other customers are consumers.

Nothing in these conditions affect your statutory rights as a consumer.

Application of conditions and description of goods:

All quotations are made, and all orders are accepted by the company subject only to these conditions of supply. Any representations about any goods by the customer shall have no effect unless agree in writing and signed by an authorised signatory of the company.

Any quotation is given on the basis that no contract shall come into existence until the company accepts the customers order.

The placing of an order following any quotation or other indication of price and delivery shall not be binding on the Company unless and until accepted by the Company in writing.

Any typographical, clerical, or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

No order of the Customer may be varied, altered or deferred by the Customer, except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of such variation, alteration or deferment and subject to any reasonable adjustment to the Contract price which may be requested by the Company.

All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s website, catalogues or brochures or otherwise issued by the Company are issued or published for the sole purpose of giving an approximate idea of the Goods described in them.

The specification for the Goods shall be based upon standard contract specification.

The customer is solely responsible for ensuring the goods they purchase are suitable for any specific purpose or application and that they are compatible with any other goods.

The company reserves the right without prior approval or notice to the customer to make any changes to the specification of the goods which are required to conform to safety, statutory or regulatory requirements.

Obligations of the customer

The Customer shall provide the Company with all information, co-operation and support that may be required to enable the Company to carry out its obligations to the Customer.

Price

Prices for goods are based on conditions ruling on the date of their giving and are subject to change.

The price for goods shall be the price confirmed by the company in its written notification or acceptance of the customer’s order.

Unless otherwise stated, the price for goods will not include Value Added Tax which will be charged at the current applicable rate at the time of purchase and at the checkout stage when making payment.

Unless otherwise agreed, the customer shall be liable to pay the company’s charges for transport, packaging and insurance.

Any waiver or reduction of any price will only be applicable if agreed by the company.

The Company reserves the right, by giving notice to the Customer at any time before delivery of the Goods, to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any unforeseen circumstances beyond the control of the Company.

If you have ordered an item on the website which is not available or there has been a price increase on the product, you will be notified and offered a refund.

Delivery

Whilst the Company will reasonably endeavour to deliver the Goods in accordance with the Customer’s requirements, the Company will not be liable for any consequences of any delay in the delivery of the Goods, howsoever caused.

If delivery involves difficult access to or at the Delivery Point or cannot gain access to the delivery point with a van the Company reserves the right to charge an extra delivery charge.

The Company may deliver the Goods by separate deliveries. Each separate delivery shall be invoiced and paid for in accordance with the Contract.

If for any reason the Company is unable to deliver the Goods because the customer is not at the delivery address, we will try a further attempt to re-deliver after this attempt the customer will have to arrange to pick up the goods from the company.

If the company is unable to deliver the goods on time because they haven’t been provided with appropriate instructions, documents, authorizations the Company may charge the Customer an extra delivery charge.

The company’s delivery driver will not hand over any goods unless an invoice and delivery note has been clearly signed for.

Confidential information and intellectual property rights

The customer and company agree that in the course of the company suppling goods to the customer, the parties may disclose to each other certain confidential information.

The customer and the company agree that neither party will use the confidential information for any purpose other than obligations under the contract.

Both parties also agree that each party will not disclose the others confidential information without prior consent.

The customer acknowledges the company’s ownership of any intellectual property rights in any output material and in any goods supplied to the customer, they also agree not to contest the company’s ownership or use of any such intellectual property rights.

Payment

Payments can be made pay by cash, cheque, bank transfer, credit or debit card or a credit account. Credit accounts will need to have relevant credit checks and a reference before being opened and accepted.

The Company are entitled to invoice the Customer for the Goods on or at any time after acceptance of the Customer’s order.

Provided that the Customer has produced the relevant references and credit checks are satisfactory, then settlement terms will be net 30 days end of month from the invoice date. In all other case payments shall be made in advance subject to a pro-forma invoice.

All goods remain the property of JWS Industrial and Welding Supplies Ltd until we receive payment in full.

We have the rights to suspend any warranty for the Goods or any other goods supplied by the Company to the Customer, whether they have been paid for or not; Terminate the Contract or suspend or cancel any future delivery of Goods; cancel any discount given to the Customer. If the Customer has an approved credit account, withdraw, or reduce its credit limit or bring forward its due date for payment without notice.

The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

Force Majeure

The company reserves the right to change the date of delivery of goods, cancel contracts, or reduce the volume of goods ordered by the customer if it is delayed or prevented in carrying out its business due to circumstances beyond reasonable control. These limitations include, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, strikes, labour disputes, restraints or delays in obtaining goods or materials and failure or demise of any source of supply.

Warranty

On delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979

The Company’s liability is to give a replacement to any part of the Goods found to be defective and notified to the Company within the claim period or the manufactures warranty period.

A failure to correspond to specification of the Goods should be notified to the Company within 3 days of the time when the Customer discovers the goods to be defective. Otherwise, the Goods shall be deemed to be satisfactory and a charge will be made for additional rectification work.

Any good that come under warranty will need to be returned to and investigated properly before a new one can be sent out.

The Company shall not be liable for any breach of any warranty if:

• The Customer makes any further use of any Goods which the Customer has alleged to be defective after giving notice of any such defect;
• the defect arises because the Customer failed to follow any oral or written instructions as to the storage, installation, use or maintenance of the Goods or (if there are none) good trade practice;
• the defect is from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse of the Goods or from any other cause which is not due to the neglect or default of the Company;
• The defect arises by subjecting the goods to any unusual physical stress or environmental conditions, or if the goods have been used in excess of any performance or load bearing specifications stated by the company or the manufacturer.

Claims for non-delivery of Goods must be made within 10 days of the despatch date of the Goods.

Orders for goods placed through the company website

The content of the pages of the sites are for the Customer’s general information and use only and is subject to change without notice.

All Goods are offered by the Company subject to availability and the Company reserves the right to cancel any order placed by the Customer if the Company has insufficient stock to deliver the Goods the Customer has ordered.

All orders are subject to acceptance by the Company, and the Company will confirm such acceptance to the Customer by sending the Customer an e-mail dispatch confirmation verifying that the Goods have been dispatched. The Contract between the Customer and the Company will only be formed when the Company sends the Customer the dispatch confirmation.

The Customer’s order will be fulfilled by the delivery date set out in the dispatch confirmation or, if no delivery date is specified, then within a reasonable time of the date of the dispatch confirmation.

The Company will deliver the Goods ordered by the Customer to the address the Customer gives the Company for delivery when the Customer places its order. It is the Customer’s responsibility to ensure that the delivery address is accurate and complete; the Customer must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.

UK deliveries will be made using by a reputable courier company and will be charged at the rates set out at the time of purchase.

The Customer may be required to pay extra for delivery to certain destinations and it might not be possible for the Company to deliver to some locations.

If the Customer’s order is returned to the Company because the courier could not complete delivery to the Customer for any reason, the Customer will be responsible for the additional delivery charges if the Goods are re-delivered.

For small orders, the Company will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to the Customer at the time that the Company acknowledges the Customer’s order.

Prices are liable to change at any time, but changes will not affect orders in respect of which the Company has already sent the Customer a dispatch confirmation.

Returns

We will offer a full refund if an item is faulty, not as described, doesn’t do what it’s supposed to or if you have changed your mind about the goods that you have received. You have 30 days to get the goods sent back to us.

Our returns address is;

JWS Industrial and Welding Supplies Ltd
Unit 6 & 7 Saltash Business Park
Moorlands Trading Estate
Forge Lane, Saltash
Cornwall, PL12 6LX

We suggest a secure delivery method is used to return any goods, Unfortunately, we cannot be held responsible for anything lost or damaged in transit.

If the value of the Goods returned by the Customer is diminished by any amount as a result of the handling of those Goods by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the Goods, the Company may recover that amount from the Customer up to the Contract price. The Company may recover that amount by deducting it from any refund due to the Customer or require the Customer to pay that amount direct to the Company.

Competitions

By uploading, posting, or submitting a photo or video to JWS Industrial and Welding Supplies Ltd social media pages or by using an associated hashtag, customers agree to such material being used for promotional and marketing purposes.