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Terms and Conditions

  1. Definitions

The following meanings shall apply in these terms and conditions:

“We” and “Us” and “Our” mean GLT Electrical Wholesalers Limited (company no. 12460970), its employees, workers and agents; “You” and “Your’ mean the purchaser of Goods from us, including its employees and agents; “Defect” means the condition and/or any attribute of the Goods and/or any condition or other circumstances which but for the effect of these terms would have entitled You to damages; “Goods” means the goods and/or services supplied by us; “The terms” means these Terms & Conditions and any variation or additional terms agreed in writing between You and Us; ”Insolvent” means You are unable to pay Your debts within the meaning of section 123 (Company) or section 268 (Individual) of the Insolvency Act 1986; the appointment of a receiver or administrative receiver over all or any part of Your property; the passing of a resolution for voluntary winding up or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction; the presentation of a petition for Your winding up (Company) or bankruptcy (Individual) or for an administration order in relation to You; a proposal for a voluntary arrangement or compromise between You and Your creditors whether pursuant to the Insolvency Act 1986 or otherwise; the levying or the threat of execution of distress on any of Your property; any similar steps or proceedings under foreign law; You ceasing to pay Your debts in the ordinary course of business; or ceasing or threatening to cease to carry on Your business; “The Contract” means the contract for the supply of Goods incorporating these terms; “Normal Working Hours” means 7.30am to 5.15pm Monday to Friday (except Bank Holidays) and 8am to 12pm on Saturdays.

  1. The Contract
    1. These Terms and Conditions apply to all orders that We accept and cannot be varied other than in accordance with clause 12 below. Nothing in these Terms and Conditions in any way affects Your statutory rights if You are a consumer as defined by the Unfair Contracts Act 1977 and any clauses that are contrary to Your statutory rights as a consumer shall have no effect.
    2. You must ensure the terms of any order placed are clear and accurate and that the Goods ordered are suitable for their intended purpose by confirming the specifications required. We cannot accept responsibility for any designs or specifications that You provide which are incorrect or Your failure to provide any necessary information relating to the Goods to enable Us to comply with the terms of the Contract.
  2. Delivery
    1. Delivery takes place when the Goods leave Our premises or, if the Goods are to be delivered directly by Our supplier, when they leave the supplier’s premises.
    2. Delivery dates are estimates and unless otherwise agreed in writing, time for delivery is not of the essence.
    3. If You fail to take or make arrangements to accept delivery or collect the Goods, or if We are cannot deliver because of poor access or instructions, delivery shall be deemed to have taken place, and, without prejudice to any other right or remedy We may a) make additional charges for failed delivery, b) store the Goods at Your risk and costs, c) invoice You for the Goods, d) terminate this contract without liability on Our part, e) recover from You all costs and losses incurred by us.
    4. We may deliver in instalments and provide separate invoices for of each instalment. Any claim, which You may have in respect of one instalment, shall not affect Your liability in respect of any other instalment(s).
    5. We provide quotations and estimates based on single deliveries during Normal Working Hours. If You request delivery by instalments or separate locations or outside Normal Working Hours, We may increase the charges.
    6. You must provide sufficient personnel to safely and efficiently unload the Goods on arrival. If the delivery vehicle is kept waiting or has to return without completing delivery, or if We have to provide additional personnel to unload Goods, or if You fail to accept delivery of the Goods, We may make an additional charge.
    7. We aim to deliver the Goods as near as safely possible to the delivery address but We may refuse to deliver the Goods to premises if, in the opinion of the delivery driver, they are unsuitable for safe delivery.
    8. If You instruct Us to leave the Goods somewhere other than on Your private premises, You shall comply with all regulations and take all necessary steps to protect persons or property and will indemnify Us in respect of all losses, damages costs, and expenses We may incur as a result of such delivery.
    9. You will indemnify Us in respect of all losses, damages costs, and expenses We incur as a result of delivery in accordance with Your instructions.
  3. Inspection and Returns
    1. Unless We receive written notice within one (1) working day of delivery, You shall be deemed to have received the correct quantities as shown on the delivery documents and You shall irrevocably and unconditionally waive any right to reject the goods or claim damages for short delivery. In the event that We receive written notification of short delivery within the time limit, Our liability shall be limited to making good the shortage.
    2. You must give Us written notice within one (1) working day of delivery of any Goods which do not conform with the Contract or any sample, where the bulk of the Goods were sold by sample. If You fail to give Us written notice within that time limit, the Goods will be deemed to have been accepted and You irrevocably and unconditionally waive any right to reject the Goods, unless it would not have been apparent on a reasonable inspection that the Goods did not comply with the Contract or the sample.
    3. We may, at Our discretion, give credit for Goods returned to Us within seven (7) days of delivery, provided that the Goods are in a condition fit for resale and have not been soiled, damaged or fitted, adapted, modified or used in any way. We may make a handling charge for Goods returned directly to or collected by us.
    4. Goods supplied may differ in non-material respects from those advertised in the supplier’s catalogue or other promotional material and We accept no liability for such differences.
    5. Orders for Goods that are specially made, customised or obtained may not be cancelled once such orders have been accepted by Us and no allowance will be made in respect of such Goods if they are subsequently returned.
  4. Title and Risk
    1. Risk in the Goods shall pass to You when the goods are delivered.
    2. Title to the Goods shall remain with Us until You pay the price of the Goods and any other sums due from You to Us in respect of this or any other Contract.
    3. Until title passes: You hold the goods as Our fiduciary agent and bailee; You must store the Goods separately from any other goods and must not interfere with any identification mark, labels, batch numbers or serial numbers on the Goods; Subject to the following conditions and clause 5.45.3 below, You may use or agree to sell the Goods as principal (not as Our agents): a) the entire proceeds of any sale or insurance proceeds received in respect of the Goods are held in trust for Us and not mixed with any other monies or paid into an overdrawn bank account and shall at all times be identifiable as Our money, b) You shall notify Your customer that We remain the legal owner of the Goods until We receive payment in accordance with clause 5.2, and We reserve the right to label the goods accordingly, c) at Our request and at Your expense, You will assign to Us all rights You may have against Your customer;
    4. Your right to use or sell the Goods may be withdrawn by Us on notice at any time and will automatically cease if You become insolvent.
    5. Nothing in this clause 5 shall restrict or prevent Us from claiming the price of the Goods (including VAT) even where title to any of the Goods remains with Us.
    6. If the Goods are to be affixed to any land/building You must ensure that they are capable of being removed without material injury to the land or building and You must ensure that title to the Goods does not pass to the owner or landlord of such land/building.
    7. We reserve the right, at any time, to recover all or any of the Goods to which We have title and may, with such transport as is required, enter upon any premises You occupy, control or to which You have access where the Goods may be or are believed to be situated for the purposes of recovery.
  5. Price
    1. If We provide a quotation, this alone shall not form a binding contract with You. Quotations last no more than 7 days from the date they are given.
    2. Quotations, estimates and prices are based on costs prevailing at the time when they are given or agreed. We may alter the price of the Goods as at the time of delivery by such amount as may be necessary to cover any increase sustained by Us after the date of acceptance of Your order and any direct or indirect costs of making, obtaining, handling or supplying the Goods.
    3. Our quotes are based on various factors such as quantity, specification, delivery dates, delivery instructions and other information You may provide. If You wish to adjust any of these variables, we reserve the right to amend the price accordingly.
  6. Payment
    1. All sums are due for payment on or before the last day of the month following the month in which the Goods are invoiced, unless the sale is for cash or other credit terms have been agreed between You and Us in writing.
    2. Unless You inform Us in writing of a dispute (setting out the reasons) within seven (7) days of receipt of an invoice, it shall be deemed to have been accepted and approved for payment. You may not withhold payment for any reason such as an alleged right of set-off or counterclaim.
    3. If, in Our opinion, the arrangements for payment or Your credit is not satisfactory, We reserve the right to refuse any order or contract or may require payment for each consignment when it is available, and before it is despatched, in which case delivery will not be effected until We receive cleared funds from You.
    4. In the event that We are only able to deliver part of Your order You will only be charged for those Goods You receive or were available for delivery.
    5. We shall be entitled at all times to set off any debt or claim of whatever nature, which We may have against You, against any sums due from Us to You.
  7. Responsibilities
    1. We may, at Our sole discretion, either repair the Goods at Our own expense or supply replacement Goods free of charge or refund all (or where appropriate part) of the price paid for the relevant Goods unless: the Defect was or would have been apparent on a reasonable inspection under clause 4 above when unloading but You failed to give Us written notice within two (2) working days of delivery; the defect arises through fair wear and tear; the defect arises from wilful damage, negligence, abnormal working conditions, mis-use alteration or repair of the Goods, failure to follow manufacturer or British Standard or industry instructions relevant to the Goods, or unsuitable storage; or We are given a reasonable opportunity to inspect the Goods before they are used, sold or in any way interfered with.
    2. Our liability in respect of such a defect in workmanship or materials of the Goods is limited to such rights We may have against the manufacturer. On receipt of a written request, We may provide details of such rights and limitations against the manufacturer and if possible assign such right to You.
    3. You will fully indemnify Us against all losses, damages, costs and expenses awarded against or incurred by Us or paid or agreed to be paid by Us in settlement in respect of any claim by any third party arising from the supply or use of the Goods including loss arising from negligence.
  8. Non-Payment/Insolvency
    1. Should You fail to pay any sum due to Us on the due date, become Insolvent or commit a material breach of this contract which You fail to remedy within 14 days following Our written request all sums outstanding to Us from You shall become immediately due and payable and, without prejudice to any other remedy We may be entitled to pursue, We shall be entitled to: cancel or suspend any pending deliveries to You without liability on Our part; refuse to accept further orders without payment in cleared funds in advance delivery; and recover the cost of any bank or other charges which We incur in obtaining payment from You; without prejudice to the generality of clause 5, exercise any of Our rights pursuant to that clause: and/or terminate this or any other contract with You without liability on Our part.
    2. Payments made on account of the total amounts due to Us by You, will be allocated first against the invoices which are the most over-due for payment.
    3. If Your fail to pay any sum by the due date, We are entitled to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) at the rate of 8% per annum above The Bank of England’s base lending rate from time to time from the due date until actual payment of the overdue amount in cleared funds and the overdue sum.
    4. In addition to the above entitlement to interest, We are entitled to recover statutory compensation under the Late Payment of Commercial Debts Regulations 2013. You agree that the statutory compensation rates do not compensate Us for the legal costs arising from Your default under the agreed payment terms and You agree to indemnify Us for the following fixed legal cost in the event of default where the debt (including interest) is under £10,000: Costs from default to commencement of proceedings (£100); Costs incurred from commencement of proceedings to pre- trial settlement (£200); and Costs of final hearing (300).
    5. You further agree to indemnify Us in respect of all legal costs and expenses incurred in pursuing a claim against You where the sum claimed (including interest) is over £10,000 together with any bank charges incurred as a result of dishonoured cheques, direct debits or standing orders for whatever reason.
  9. Data Protection
    1. You agree that We may hold and process any information You provide to Us about You or any private individuals connected with You and use such information for credit assessment purposes and to administer, operate monitor and analyse any credit account granted to You.
    2. You warrant that You have the authority to share with Us the information that You provide under clause 10.1 and will indemnify Us in the event of a breach of that warranty in respect of any fines, costs (including legal costs), damages or other expenditure incurred as a result of Our reliance on Your warranty.
    3. We will only disclose any information We receive under clause 10.1 to licensed credit reference agencies, other suppliers and creditors to help Us and them make credit decisions, to help prevent and detect fraud or other crimes and to trace debtors, on a confidential basis to Our agents and sub contractors, to insurance companies for the purposes connected with insurance products that relate or might relate to Your credit account, to any person to whom e propose to transfer Our rights and/or responsibilities under this contract and to the extent We are required by or permitted to do so by law.
  10. Pallets and Packaging
    1. We may make a charge to cover the material and labour costs for packaging Goods. This may also include a deposit for pallets which will be refunded when the pallets are returned to Us in good and re-useable condition.
  11. Limitation of Liability
    1. Nothing in these terms shall exclude or restrict Our liability for death or personal injury resulting from Our negligence or Our liability for fraudulent misrepresentation.
    2. We shall not be liable in respect of any damage or loss of profit, business contracts, revenues or anticipated savings or any special, indirect or consequential damage of any nature whatsoever arising from any misrepresentation, breach of warranty condition or other express or implied term or any breach of duty (common law or statutory) or negligence.
    3. Descriptions of Goods in Our catalogues, price lists, website and any other media that We produce is supplied by the manufacturers and is for general guidance only so We cannot accept responsibility for their accuracy or be bound by them.
    4. We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from any delay in delivery of the Goods or failure to deliver the Goods in a reasonable time.
    5. If We fail to deliver the Goods Our entire liability shall be limited to the excess (if any) over the price of the Goods, or the cost to You (purchasing in the cheapest market reasonably available to You) of similar Goods to replace those not delivered.
    6. We shall not be liable for any breach of contract delay or failure to perform any of Our obligations if due to any cause beyond Our reasonable control (including industrial action).
    7. Without prejudice to any other provisions in these terms and conditions, Our total liability for any one claim or the total of all claims arising from any one act of default on Our part (whether arising from Our negligence or otherwise) shall not exceed the purchase price of the Goods that are the subject matter of such claim or claims.
  12. General
    1. No variation or addition to these Terms and Conditions is valid unless in writing and signed by You and us.
    2. This contract is governed and interpreted exclusively according to the laws of England and You agree to submit to the exclusive jurisdiction of the English Courts.
    3. A waiver of any right or remedy under these terms and conditions shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a Us to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy
    4. If any clause or sub-clause of these Terms and Conditions is held by a court to be invalid or unenforceable it shall not affect the validity or enforceability of the other clauses and sub clauses which shall remain in full force and effect.
    5. References to any statute, statutory provision or regulation shall include a reference to that statute, statutory provision or regulation as amended or re-enacted.
    6. The headings of these terms are for convenience only and shall not affect their interpretation.
    7. Termination of this contract shall not affect rights and obligations, which have already accrued at the time of termination.
    8. A person who is not a party to these terms and conditions shall not have any rights to enforce its terms.