Commercial Terms & Conditions of Sale of Goods and Services
1.1. All contracts with C Workshop Ltd (hereafter referred to as the company) shall be valid and binding only when made in writing and signed by the client and shall be subject to these Commercial Terms and Conditions of Sale of Goods and Services.
1.2. By placing an order the client enters into a legal contractual agreement with the company and by default accepts these Commercial Terms and Conditions of Sale of Goods and Services.
1.3. Any circular provided by the company shall be information only and not form any part of any contract.
2.1. All quotations issued by the company are based on the information provided by the client and it is always a full responsibility of the client to make sure that the information submitted to the company is correct and up-to-date at the time of placing an order.
2.2. All quotations issued by the company are valid for 30 working days and can be cancelled by the company at any time without any further notice.
2.3. The company reserves the right to change prices for its goods and services at any time, except when the contract has been already agreed between the client and the company, but excluding any additional goods or services requested for the same contract or order by the client at a later date.
3.1. An order has not been accepted by the company until the client has acknowledged it in writing or paid for it upfront and in full.
3.2. No verbal orders will be entertained by the company, unless the order is placed at the company’s premises and the order document, detailing the schedule of the goods and services by the company are signed by the client there and then.
3.3. Any variation to an order, once it has been placed, will only be accepted if agreed in writing by the client.
3.4. The company will not engage in any works of the order until the client has made a full payment.
3.5. The company reserves the right to cancel any order placed by the client without any explanation and further responsibility to carry out the order.
4.1. Unless otherwise agreed in writing, all orders are executed at the price stated in the company’s quotations.
4.2. Unless otherwise stated all prices are subject to VAT at the prevailing rate.
4.3. Unless otherwise stated all contracts have to be paid upfront and in full.
4.4. Company accepts debit or credit card payments over the phone or in person. BACS payments are also accepted.
4.5. Cheques are accepted but orders are not processed before funds are cleared.
4.6. When paying by credit card a full amount will be subject to a 2.5% surcharge.
5.1. The client warrants that all information supplied to the company in connection with the project, at the time of placing an order, will be accurate in all respects.
5.2. If the client booked a delivery by the company, the client shall be responsible for arranging his own labour to unload the goods. Company’s driver will only help to lower goods from the vehicle onto solid ground right next to the vehicle and/or pass it into the hands of the persons unloading the goods.
5.3. If the client fails to provide his/her own labour to unload the goods, company reserves the right to take the goods back to the company’s premises and charge full delivery charge for re-delivery.
5.4. If the client fails to take any part or accept delivery of goods at the time agreed with the company, the company shall be entitled to charge all reasonable expenses incurred by the company as a result of such failure.
6. DELIVERY AND PASSING OF PROPERTY RISK
6.1. Ownership of the property in the goods supplied shall not pass to the client until all monies owing to the company in respect of this contract or any other contract between the company and the client have been paid to the company.
6.2. No goods will be delivered or released for collection before full outstanding amount for this contract between the company and the client have been paid to the company.
6.3. The company shall be entitled to charge the client for carriage of goods when this is identified on the invoice.
6.4. The company shall be deemed to have rendered delivery services ordered by the client when goods are transported to the client’s specified street address.
6.5. A delivery note or acceptance note has to be signed by the client acknowledging the receipt of a delivery. In the event that there is no person available to sign for the goods on behalf of the client, the goods shall be taken back to the company and the client will need to arrange and pay for a repeated delivery.
6.6. When collecting goods from the company’s premises, the client must, either collect it him/herself or, in the event of sending a driver, provide person’s name in writing authorised to do collection on his/her behalf. If the authorised driver is not named, company shall not be held responsible for giving the goods away to anyone claiming to be client’s authorised driver.
6.7. When collecting goods in person, a collection note or acceptance note will have to be signed by the client or his/her representative. This will be deemed as the end of the contract with all goods and services having been rendered as per contractual agreement.
7. SHORTAGE, DAMAGE AND NON-DELIVERY
7.1. No claim against the company for damages in transit, shortage, fault in fabrication or non-delivery of goods shall be entertained unless:
7.1.1. The client reports it within three days of receipt of the goods.
7.1.2. Order was clearly documented by the client and fault in fabrication or shortage was caused by an oversight of the company’s staff.
7.2. No claim against company for damages of goods will be accepted when delivery of goods was made as per clause 6.4 above but the client damaged goods while unloading.
7.3. In the event of fault in fabrication, clients that had paid for delivery will have the corrected parts delivered free-of-charge. Clients, which collected their projects from company’s address, will have to either collect the corrected parts from the company or pay for the delivery service.
8.1. Any times quoted for contract completion and/or delivery are to be treated as estimates only and shall not involve the company in any liability for failure to deliver within such time.
8.2. If the company is unable to complete the specified work due to client short fallings (such as lack of communication, the timely provision of the required information or changes to original order), the company will be entitled to invoice the full amount.
9.1. Goods and services are provided in accordance with the details set out in the contract agreed between the company and the client. No company liability will be entertained subsequently for any claim for consequential loss arising from any defects or perceived unsuitability of the goods or services.
9.2. Where the company makes supplies to a client or carries out work for a client in accordance with the client’s specification any addition or alteration may be subject to an additional charge.
10.1. Due to customized nature of the services the company provides, the client may not cancel the contract and the company will entertain no refund claims.
11.1. The company shall have the right to terminate the contract forthwith by notice in writing where the client becomes insolvent or bankrupt or makes any arrangement with his creditors or suffers the receiver to be appointed or being a body corporate enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases the company shall have no further obligation hereunder and the price of all goods and services rendered shall become immediately due and payable.
12. GOVERNING LAW AND JURISDICTION
12.1. This contract shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
13. FORCE MAJEURE
13.1. The contract may be cancelled or varied as a result if an act of God, war, civil disobedience, legislation, Government or Local Authority order or any other cause beyond the company’s control. No liability will attach to the company in these cases.
Last updated 16 August 2016