Welcome to the welwyntoolhire.com website terms and conditions for use.

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by email, or call us on 01707 331111 5 days a week, 9am – 5pm. All calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.

Definitions

• Conditions – means these terms and conditions and the Special Conditions
• Product – means a product displayed for sale on the Website
• Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
• Special Conditions – means the terms and conditions in the Product Description
• Users – means the users of the Website collectively
• Personal Information – means the details provided by you on registration
• We/us – means Welwyn Tool Group Ltd
• Website – means the website located at www.welwyntoolgroup.com or any subsequent URL which may replace it
• Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
• United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
• You – means a user of this Website.

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

• The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or calling us on 01707 331111 between 9am-5pm.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Recommendations

When you use our website, you’ll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site.

These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.

Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference.

We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on welwyntoolgroup.com. Details of the products we recommend – such as price – are correct at the time recommendations are originally made to you, but can be subject to change without notice.

Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Ordering, cancelling and returning products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more about our Refund policy which is incorporated into these Conditions.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

• You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
• You’ll need JavaScript enabled on your computer to buy products and check out. Please enable JavaScript in your browser, then refresh your browser to continue. Alternatively, please call 01707 331111 to order by phone
• We will send you an order confirmation email detailing the products you have ordered. This is not an order acceptance
• For items being delivered to you, when your product is shipped from our warehouse we will send you a despatch confirmation email
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it.
• For most products sent directly from our warehouse, your credit/debit card will be charged when your order is despatched
• If the product is being delivered direct to you from a supplier, you may be charged at any point between confirmation of your order and despatch. The exact timing of this will vary according to supplier and the product you’re ordering

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock
• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• Your not meeting the eligibility to order criteria set out in the main Terms & Conditions

The contract will be concluded in English.

The details of your specific contract will not be filed by welwyntoolgroup.com. If you do require any information regarding orders you have placed with welwyntoolgroup.com, please write to us at: Customer Services, Welwyn Tool Group Ltd, Unit 2 Mundells Business Park, Little Mundells, Welwyn Garden City, Hertfordshire, AL7 1EW

Conditions of sale

Definitions

In these Conditions:

“Goods” means the goods, services or any part thereof agreed to be supplied by the Company “Company” means Welwyn Tool Group Ltd. “Buyer” means the person, firm or company, who accepts a quotation of the company for the sale of the Goods, or whose order for the Goods is accepted by the Company. “Contract” means the contract for the sale and purchase of the Goods

1. PRICES

1.1 Unless otherwise negotiated, orders are accepted by the Company at the prices ruling at the date on which the order is received. But in exceptional circumstances, if the Company is faced with cost increases outside its control in the period between receipt and despatch of order, the Company reserves the right to revise its prices after receipt of order.

1.2 Where prices/discounts are quoted for annual (or other periodic) quantities and the quantity quoted is not taken up in the due time, the Company reserves the right to charge retrospectively the difference in price between the quoted price and the price applicable to the lower quantity actually taken.

1.3 All prices are normally quoted exclusive of VAT which will be charged wherever applicable.

2. CARRIAGE & PACKING CHARGES

2.1 Carriage and packing costs are charged (except for large value orders as may be specified from time to time) over and above the quoted prices of goods.

2.2 Goods will be despatched by such method as the Company judges best unless the Buyer specifically requests a particular method of delivery, in which case the service will be charged at a price quoted by the Company.

2.3 The Company reserves the right to deliver the Goods in more than one shipment and to tender a separate invoice in respect of each installment.

3. SMALL ORDERS

The Company reserves the right to set minimum order values as may be specified on its price lists or as may be separately negotiated with the Buyer.

4. RECEIPT OF GOODS

The company will not accept responsibility for loss or damage in transit unless carriers terms and conditions are strictly complied with. All goods should be signed for by the Buyer according to the condition in which they are received. If for any reason Goods are not delivered, or are received damaged, or in unsatisfactory condition or deficient in quantity or weight, then notifications must be made to the carriers and to the Company in writing within 14 days of date of despatch. The Company must be advised of the following information: (I) Number of packages received (ii) Weight of each package (iii) Details and quantities of items contained in each package (iv) Delivery note/invoice details Goods and packaging received damaged should be retained for examination.

5. RETURNED GOODS

5.1 Faulty Goods Any claim for faulty goods must be made in writing within 14 days of the despatch date. No goods may be returned to the Company without the written authorisation of the Company, and if such authorisation is granted the goods must be returned carriage paid.

5.2 Other Returned Goods Excepting under 5.1 above, any Goods which are correctly supplied by the Company in accordance with an order from the Buyer, will only be accepted back by the Company if the Goods are unused and as new and subject to a handling charge of 20% of the value of the Goods excluding VAT. The Goods must be returned carriage paid.

6. CREDIT TERMS

Two commercial and one bankers reference are required by the Company before the Company can offer the Buyer credit terms. Credit terms are conditional upon the acceptance of the Buyer of the company’s settlement terms (see below 7), and may be withdrawn without notice if the settlement terms have not been adhered to. If credit terms have not been agreed the Company can supply only on the basis of cash against a proforma invoice.

7. SETTLEMENT TERMS

7.1 The Company’s terms of payment require payment 30 days from which the relevant invoice is dated. 7.2 The company reserves the right to suspend deliveries where full payment has not been received in accordance with clause 7.1 above. 7.3 Without prejudice to clause 7.2 above the Company reserves the right to charge interest on overdue payments at a rate of 3% above the current lending rate of HSBC, such interest to be charged on a monthly basis for each month or part thereof by which the payment is overdue.

8. RISK & OWNERSHIP

(a) Goods delivered by Welwyn Tool Group Ltd (the Company’) shall remain in the Company’s legal and beneficial ownership until full payment has been received by the Company for them but shall be at the risk of the intending purchaser as soon as they are delivered by the Company to the intending purchaser’s vehicle or premises or to its order. (b) The risk in goods sold passes to the Buyer on delivery, but the title or property in the goods remains vested in the Company until the purchase price of the order, of which they form part, is paid in full, each order being considered as a whole. Meanwhile the Buyer shall keep the goods separately identifiable and hold them as bailee for the Company under the obligation to deliver them up to the Company at any time if so required.

9. LIABILITY

Except in respect of death or personal injury caused by the negligence of the Company the Company shall not be liable to the Buyer for any direct loss arising from the acceptance of the Buyer’s order, the Goods or the use thereof. The Company shall not be liable to the Buyer for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods their use or resale by the Buyer.

10. FORCE MAJEURE

The Company shall rot be liable to the Buyer in respect of failure to deliver or perform or delay in delivering or performing any obligations under the order accepted from the Buyer due to causes such as acts of God, fire, flood, war and civil disturbances or riot, acts of government, currency restriction. labour disputes, unavailability of materials. failure of supplier or sub-contractor to deliver on time, and every other circumstance outside the reasonable control of the Company.

11. INSOLVENCY OF BUYER

11.1 This clause applies if:

11.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction):

11.1.2 an encumbrancer takes possession, or a Receiver is appointed, of any of the property or assets of the Buyer; or the Buyer ceases, or threatens to cease, to carry on business; or

11.1.3 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

11.2 If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.