1. Definition

The Company shall mean Claygate Distribution Ltd and the purchaser shall mean the other party in any quotation offer or contract with the Company.

2. Application

No addition to variation of or exclusion to these conditions or any of them (whether contained in any official order form of the purchaser or otherwise) shall be binding on the Company unless such addition variation or exclusion has been expressly and specifically accepted in writing by the Company.

3. Prices and quotations

Printed prices and/or quotations are subject to alteration or withdrawal without notice. Prices charged are those ruling at date of dispatch. V.A.T. at current rate.

4. Content

All catalogues, brochures, websites, specifications or other technical characteristics, data or descriptive matter including any sales promotional material issued by the Company are intended to give a general description of the goods offered and shall not form part of any contract unless it shall be expressly agreed otherwise in writing.

We reserve the right to make changes to the specification of goods which we consider necessary to achieve the required quality or performance, or to ensure conformity with any applicable statutory of EU requirements.

5. Literature

Please note that the colour of any goods illustrated in our sales materials are representative only due to the limitations of print and electronic colour reproduction. We disclaim, to the fullest extent, any liability to you for any typographical, clerical or other error, omission or mistake in sales materials quotations, price lists, the catalogue, the website, invoices or any other documents we provide. Where any such error, omission or mistake has occurred we reserve the right to withdraw the relevant goods from sale immediately and/or cancel any unfulfilled orders for the relevant goods without liability to you.

6.  Website Terms of Use

• Information contained in any Claygate Distribution Ltd website cannot be copied, reproduced, published, downloaded, served, exported or transmitted by any means without clear prior written permission from Claygate Distribution Ltd. The Claygate website may not be used wholly or partly in another website without prior written permission.

• The Claygate website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s)

• The content of the pages within the Claygate website is for your general information and use only. The Company reserves the right to revise these terms and conditions, or change, modify or withdraw access to these pages of the content of these pages at any time without notice.

• You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Personal Information and Privacy

• Trade accounts are obligated to ensure that every nominated user as a unique business email address. This will enable the account to have full traceability of all the transactions.  It is the responsibility of the user to change their password regularly and the account owner’s responsibility to remove the details of any ex-employee.

• Your election to use the website indicates your acceptance of the terms of our privacy policy that is available at:

http://www.claygate.co.uk/PrivacyPolicy.

You are solely responsible for maintaining the confidentiality of your account and other sensitive information. You are also solely responsible for all activities that occur in your account and you agree to notify Claygate Distribution Ltd immediately of any unauthorised use of your account at:

webhelp@claygate.co.uk 

Claygate Distribution Ltd is in no way responsible for any loss or damage to you or any third party incurred as a result of any unauthorised access and/or use of your account, or otherwise.

Chat Online

You may engage in chats and share messages with the staff of Claygate Distribution Ltd through the website. All information documented via the chat online service is recorded and monitored.  By using the service, you agree not to display any inappropriate content or images.

7. Illustrations

Illustrations are given for the guidance of the purchaser and are intended to show the types of fittings offered. The Company does not undertake to supply as illustrated.

8. Suitability

Whilst the Company makes every effort to ensure that goods supplied are of merchantable quality it gives no warranty either express or implied as to their suitability for any special conditions or particular purpose of which the purchaser must be the sole charge. Where possible goods sold by this Company do comply with the conditions laid out in BS5750 and also The Control of Substances Hazardous to Health (COSHH) 1998.

• Warranty – All goods are sold with the benefit of the relevant manufacture of supplier’s warranty. Please contact Claygate Sales Department or refer to the manufacturer’s website to find out specific warranty details.

9. After Sales Service

For all after sales queries, contact:

customerservices@claygate.co.uk

Returns – See returns policy for details

10. Direct orders and Site Deliveries

The Company will dispatch goods direct to a third party or site at the purchaser’s request. Goods sent to a third party or to a site are dispatched at the purchaser’s risk. Carriage will be applied in accordance with Clause 12. Where Claygate Ltd is requested to deliver goods to an address other than their customer’s main place of business, the purchaser will be required to complete a site delivery risk assessment form.

11. Special Routing

Goods will be sent by any special route or carrier, by post or courier service at the purchaser’s request. All goods so dispatched are sent at the purchaser’s risk and any carriage and expenses incurred will be charged.

12. Carriage

Goods delivered by the Company’s own vehicles are delivered free of charge unless below the Company’s minimum order value.

13. Delivery

Any delivery dates or periods quoted by the Company are estimates only, given in good faith and the Company shall not be liable for any loss or damages, whether direct or consequential, resulting from failure to meet such delivery dates or periods. All goods shall be delivered to the purchaser’s premises in the United Kingdom and risk in the goods shall pass on such delivery.

Goods offered from stock are offered subject to their still being available when the purchaser’s order is executed.  Delivery shall take place:

• Where delivery is made by the Company’s vehicles, or the Company’s designated carrier. When the goods are unloaded at the location specified by the purchaser or where goods are collected. At the time of collection by the purchaser of his agent from the Company’s premises.

• Please be aware, the Company does not offer timed deliveries.

14.  Enforcement

Failure by the Company to enforce in full or part any particular clause of these conditions of sale shall not be taken as a waiver of any other clause.

15. Retention of Title

Until full payment has been received by the Company for all goods whatsoever supplied at any time by the Company to the purchaser.

• Property in the goods shall remain in the Company.

• Should the goods (or any of them) be converted into a new product, whether or not such conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the legal and beneficial ownership of the new products.

• The Company shall have the right to enter the premises of the purchaser to remove goods supplied by the Company (whether previously paid for or not) to the invoiced value of the goods supplied but not paid for and to sell any such goods and keep the proceeds of sale free from any title the purchaser might have in such removed goods and as though the Company had such title at all times.

• Subject to the following two points, the purchaser shall be at liberty to sell line goods and the new products referred to above in the ordinary course of business on the basis that 1.) the proceeds of sale will remain the property of the Company and 2.) the Company shall have the full legal and beneficial ownership of the goods and such new products, and that the proceeds of sale will remain the property of the Company to whom the purchaser shall account on demand, until the Company is paid in full.

• The Company may at anytime revoke the purchaser’s power of sale by notice to the purchaser if the purchase is in default for longer than seven days in payment of any sum whatsoever due to the Company, whether in respect of the goods or any other goods supplied at any time by the Company to the purchaser or for any reason whatsoever or if the Company has bonafide doubts as to the solvency of the purchaser.

• The purchaser’s power of sale shall automatically cease if a receiver is appointed over the assets or the undertaking of the purchaser or a winding up order is made against the purchaser or the purchaser goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes arrangements or composition with creditors or commit any act of bankruptcy.

• Upon determination of the purchaser’s power of sale or above, the purchaser shall place the goods and the new products at the disposal of the Company who shall be entitled to enter upon any premises of the purchaser for the purpose of removing the goods from the premises (including severance from the realty where necessary).

16. Payment

• Unless otherwise expressly stated, payment for goods is due to and payable on delivery by Bankers or Building Society draft cheque. In the case of account sales, payment is due on or before the last day of the month following the month in which delivery is made.

• If the purchaser shall fail to make payment in full in accordance with condition 3 above then (without prejudice to any other rights of the Company) the purchaser shall, without any need for the Company to give notice, become liable to pay to at the Company interest on the amount for the time being unpaid at the rate of three per cent per annum above Nat West Group PLC base rate calculated from date of due payment until the date of actual payment as well after as before judgement.

• In the event that payment is made by the purchaser by cheque the Company shall be entitled to delay delivery until such cheque has been cleared.

• If payment as above is overdue in whole or part, the Company may by its servants or agents for the purpose of recovery of its goods enter upon any premises owned or occupied by the purchasers or under its control where such goods are stored or where they are reasonably thought to be stored and may re-possess the same without being liable for any damage caused thereby.

17. Legal Jurisdiction

Any contract subsisting between the Company and the purchaser shall be construed in all respects in accordance with the Laws of England and unless otherwise arranged subject to the jurisdiction of the English Courts.