1. Interpretation

 

1.1 Customer is the person or company who accepts a quotation for the sale of the goods, or whose order for the goods is accepted by Customworks

1.2 Customworks is Customworks Ltd, registered in Scotland under number SC173894 and having it’s registered office at 1/3 Bo’mains Industrial Estate, Linlithgow Road, Bo’ness, West Lothian, EH51 0QG

1.3 Contract means the Contract for the purchase and sale of the goods

1.4 Writing includes facsimile and e-mail

 

2. Basis of the Sale

 

2.1 Customworks shall sell and the Customer shall purchase the goods in accordance with any Customworks written quotation which is accepted by the Customer or by any written order of the Customer which is accepted by Customworks, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between authorised representatives of the Customer and Customworks.

 

3. Purchase Orders

 

3.1 No order submitted by the Customer shall be deemed to be accepted by Customworks unless and until confirmed in Writing by an authorised representative of Customworks.

3.2 No order which has been accepted by Customworks may be cancelled by the Customer except with the agreement in Writing of Customworks and on terms that the Customer shall indemnify Customwork in full against all loss (including loss of profit), costs (including the cost of all labour and materials ordered and/or used), damages, charges and expenses incurred by Customworks as a result of cancellation.

 

4. Terms of Payment

 

4.1 Advance payment will be required for the first order. Thereafter, subject to the approval of a credit account, all goods and services shall be paid by the end of the month following month of invoice (nett monthly).

 

4.2 If the Customer fails to make payment on the relevant due date, Customworks shall be entitled to suspend any further deliveries to the Customer, withdraw the credit facility previously agreed and charge the interest on any amount unpaid at the rate of 5% per annum above the Bank of Scotland base rate until payment is made in full. The creditworthiness of the Customer shall be monitored and reviewed on a regular basis which may also result in withdrawing credit facility.

 

4.3 Customworks may, by giving the Customer written notice, treat the unpaid invoices as being immediately due and payable and/or suspend delivery of any goods already ordered by the Customer:

 

4.3.1 if the Customer fails to pay any amount when it is due; or

4.3.2 if the Customer has a bankruptcy order made against him or enters into liquidation (whether voluntary or compulsory), or has a receiver and/or manager, administrator or administrative receiver appointed, or a resolution is passed or a petition presented to any court for the winding up of the Customer, or any other proceedings are commenced relating to the insolvency or possible insolvency of the Customer.

 

4.4 The Customer shall not be entitled to withhold payment for any reason or make deductions, whether by way of set-off counterclaim, discount or otherwise unless previously agreed with Customworks.

4.5 The Customer acknowledges that Customworks may make a search with a credit reference agency and keep a record of that search and may share that information with other businesses. Customworks may also make enquires about principal directors of the Customer with a credit reference agency.

 

5. Retention of Title

 

5.1 Title to the goods shall not pass to the Customer until all sums due by the Customer to Customworks (including any applicable interest and charges) have been paid in full.

 

5.2 In the event of non-payment, Customworks shall be entitled to require the Customer to deliver up the goods to Customworks and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or third party where the goods are stored and repossess the goods. The Customer shall be obliged to assist and allow Customworks to repossess the goods.

 

6. Delivery / Loss or Damage

 

6.1 Any dates quoted for delivery of the goods are approximate only and are not guaranteed. Customworks shall not be liable for any delay in delivery of the goods.

 

6.2 Risk of damage to or loss of the goods shall pass to the Customer as soon as the Goods, or any part thereof, have been delivered to the premises specified by the Customer.

 

6.3 The quantity of any consignment of goods as recorded by Customworks upon dispatch from Customworks’ warehouse shall be conclusive evidence of the quantity received by the Customer unless the Customer can provide evidence proving the contrary. Any complaint of short delivery or of goods damaged in transit must be notified within 48 hours of receipt of goods. Any complaints of failure to deliver goods invoiced or complaints relating to prices must be notified within 14 days of the date of the invoice.

 

7. Returns

 

7.1 Returned goods will only be accepted when authorised by Customworks prior to the goods being returned.

 

7.2 Authorised returned stock must be in saleable condition, in the original packaging and have no price labels attached.

 

7.3 Unauthorised returns will not be accepted.

 

7.4 Except where incorrect/faulty goods have been supplied, Customworks will not be liable for return shipping costs.

 

8. Privacy

 

8.1 We do not record any sensitive financial information

 

8.2 No financial transactions are completed on the trade website. Existing trade customers will be subject to their usual terms. New customers will be subject to proforma terms.

 

8.3 We do not sell customer information/lists. All of you information is treated in the strictest of confidence and is securely stored on our systems.