TERMS & CONDITIONS
1 Orders: The seller’s catalogue and website is an offer to treat only. Any contract shall consist of the buyer’s order and the seller’s acceptance thereof. Any order accepted by the seller shall be subject to the seller’s conditions of sale and no other conditions shall apply unless expressly agreed in writing by the seller.
2 Prices: Quoted prices include free delivery anywhere within the UK mainland (excluding the Highlands, Islands and Northern Ireland). For deliveries outside this area, and overnight deliveries where requested, a carriage charge will be levied. Please Note: A “Handling Charge” will be levied on small orders – full details of this will be displayed on the ‘Delivery Policy’ page of the website. The prices invoiced will be those currently charged by the seller at the date of despatch. In the unlikely event of a price error occurring the correct price will be stated on our order confirmation which will be binding for the period of the contract. All prices are subject to VAT. All packing is non-returnable. The seller reserves the right to cancel or refuse orders for items offered at an incorrect price.
3 Point of Delivery: In accordance with normal transport practices all goods will be delivered to the goods inwards department or reception on the ground floor and off-loading facilities must be provided by the customer. If further transfer or installation is required, particularly for large and heavy items, this must be requested at the time of ordering and an additional charge will be levied.
4 Delivery Time: Times quoted are so quoted in good faith but shall be non-binding. To facilitate a prompt delivery all despatches will be made direct from either the point of manufacture or distribution. The seller shall not be liable for any losses incurred by the buyer or any other person as a result of any delay in the delivery of the goods or any part of the order for any reason whatsoever. The due performance of the contract is subject to cancellation or such variation as the seller may find necessary as the result of instructions or lack of instructions from the buyer, or as a result of industrial dispute or of any cause whatsoever beyond the seller’s reasonable control. The seller reserves the right to make partial deliveries.
5 Payment Terms: Preferred method of payment is by credit/debit card as this avoids any delays that can be incurred in setting up a credit account. A credit account can be opened providing you have been trading for one year and are registered for VAT and can provide the necessary trade references. All Government bodies including Councils, Schools, Universities, NHS etc. qualify for instant credit facilities. Once an account has been opened terms are net cash against invoice payable within 30 days from date of invoice. We accept VISA, Mastercard, VISA Debit, Solo, Maestro, VISA Electron and PayPal.
6 Retention of ownership: Property of the goods remains with the seller until full payment has been received by the seller. Until full payment is received Walmark Ltd may at any time recover the goods and may enter the buyer’s premises for this purpose. Nevertheless the risk in the goods passes to the buyer on delivery and the buyer shall promptly effect and maintain in the joint names of the parties insurance of the goods against loss or damage in their full invoice price until final payment.
7 Guarantee: Except as herein expressly provided and as provided by law, the seller does not supply goods with the benefit of any term, warranty or condition, express or implied, as to the merchantability of the goods or their suitability for any purpose whatsoever. As far as it is able the seller will assign to the buyer all rights conferred on it by any of its suppliers. Insofar as quality of materials used in goods manufactured for the seller is concerned, the seller shall have the option to repair, replace (or at its sole discretion refund to the buyer the price of the goods without any further liability) parts agreed by it as being defective, and which have been returned to it, carriage paid, within a minimum period of 1 year from the date of delivery to the buyer’s works. Goods subjected to fair wear and tear, misuse, defective maintenance, alteration or modification, are excluded from this guarantee. Goods covered are subject to single shift working only. In no case shall the liability of the seller hereunder exceed that of the actual manufacturer of the particular goods or parts thereof. Any liability on the part of the seller is subject to terms of payment being met.
8 Technical description and date: Such descriptions whilst given as a guide, in good faith, are subject to alteration by the seller without notice. In particular all weights and dimensions are approximate only. All maximum load capacities stated are for evenly distributed loads only.
9 Consequential loss: Except in respect of death or personal injury caused by the seller’s negligence, or as herein provided, the seller shall not be liable to the buyer for any consequential loss or damage (whether for loss or profit or otherwise) costs or expenses or their claims for consequential loss whatsoever which arise out of or in connection with the supply of the goods or their use or re-sale.
10 Claims: Notification of non-delivery must be made in writing within 7 days of invoice date and for shortages or damage within 3 days of receipt of goods. Failing this no claims will therefore be entertained.
11 Cancellation and Returns: Goods will be accepted back for credit only with the express permission of Walmark Ltd. Please contact us for instructions on point of delivery. Made-to-order items cannot be accepted back in to stock. If you decided to cancel your made-to-order product for any reason, it is unlikely that we could sell it to another customer at full selling price. Walmark Ltd will therefore charge a cancellation fee of up to 25% of the order price – this applies to all made to order products when the order is cancelled after 24 hours of placing the order. Made to order products cannot be returned after delivery. Our usual refund policy does not apply to made-to-order products, which cannot be returned or exchanged unless faulty. The above conditions do not affect your statutory rights when goods are faulty, or not as described. Goods must be returned in their original packaging, unused, unassembled and in a re-saleable condition. Credit shall not be given for goods received damaged. The buyer shall unless otherwise stated be responsible for the cost of the return carriage of all goods returned which shall be at the risk of the buyer until actual receipt of the goods to Walmark Ltd’s designated delivery address. Proof of return delivery will remain with the buyer. We reserve the right to charge for incomplete returns, orders placed in error or not wanted.