Terms and Conditions of Sale
1. Payment for goods – In person by chip & Pin or cash. On-line payments accepted via secure payment gateways.
Postal payments can be accepted by cheque made to Sutton Plumbing Supplies Ltd. The payment must clear the banking process prior to the goods being shipped / delivered / collected. Unless otherwise agreed in writing, the goods will be retained by the company until the cheque has cleared the banking process.
Telephone orders using credit or debit cards can only be accepted where the products are being delivered to the cardholders address. Other telephone orders can be processed if an email address is given and an invoice is paid via a secure payment gateway. This payment method will only allow items to be delivered to the address that is also registered as the card statement address.
2. Quotations – Any quotations are valid for 28 days unless otherwise stated. Orders can only be accepted which comply precisely with the terms of any quotation. In particular, if quantities ordered vary from the quotation the Company shall not be liable to supply at the quoted price. If costs are increased by the suppliers / manufacturers during this time period, the additional charge is liable by the customer.
3. The Cancellation of Order or Return of Goods – No order shall be cancelled without the written agreement of the Company. Likewise, no goods supplied may be returned without prior written consent and only on terms to be agreed with the Company. If the company agrees to goods being returned, there will be a minimum 25% restocking charge for any returned items when returned in the original packing. The restocking charge is increased to 40% if the goods are returned without the original packing. Bespoke items, including special order radiators, towel rails & accessories including RAL, BS or Metallic finishes or made to measure sizing will not be accepted for exchange or refund.
4. Rights of Ownership –
a. Notwithstanding delivery and the passing of risk in the Goods the property in the Goods shall not pass to the customer until the Company has received full payment for the Goods and all other Goods supplied to the customer by the Company for which payment is due.
b. Until such time as the property in the Goods passes to the customer the Company shall be entitled at any time to require the customer to deliver the Goods to the Company and, if the customer fails to do so, to enter upon any premises of the customer or any third party where the Goods are stored and repossess the Goods.
5. Pricing, discount and condition of sale – The Company reserves the right to alter the prices, discount rates and conditions of sale at any time without prior notice.
6. Warranties and Liability –
a. Subject as expressly provided in these conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of The Unfair Contract Terms Act 1977) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
b. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (restrictions on statements) Order 1976) the statutory rights of the customer are not affected by these conditions.
c. Any claim by the customer that is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall be notified to the Company within 48 hours of the delivery date. If delivery is not refused and the customer does not notify the Company accordingly the customer shall not be entitled to reject the Goods and the Company shall have no liability for such defects or failure and the customer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract. Products are deemed to be accepted by the customer once installed / fitted. No claims for damage or cosmetic defects will be accepted once the product has been installed.
d. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion refund to the customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the customer. The Company is not liable for any costs incurred in the refitting or testing of any product.
e. Except in death or personal injury caused by the Company’s negligence the Company shall not be liable to the customer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the contract for any indirect special or consequential loss or damage (whether for loss or profit or otherwise) costs, expenses or other claims for compensation whatsoever (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 or their use or resale by the customer and the entire liability of the Company under or in connection with the contract shall not exceed the price of the Goods except as expressly provided in these conditions.
7. The Company shall not be liable to the customer or be deemed in breach of a contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Company’s reasonable control.
8. Delivery times quoted on our website and given verbally are estimates only, based on information supplied by our suppliers / manufacturers and are stated in working days. The company will not be held responsible for any delay in delivery or costs involved as a consequence of late delivery. Products marked as Next Working Day must be ordered before 12pm to qualify, any orders placed after 12pm may take longer than one working day to arrive.
9. A delivery charge will be applicable on certain brands and products. The charges are based on deliveries to mainland UK only. Off-shore deliveries can be quoted for on request.