Terms & Conditions

1. INTERPRETATION
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 5.4
Contract: the contract between Wignalls and the Customer for the sale and purchase of the Goods and the fitting of the bathroom, kitchen or other interior joinery in accordance with the Specification, in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from Wignalls.
Commercial Customer: a company or professional person who purchases the Goods in the course of their business from Wignalls.
Force Majeure Event: has the meaning given in clause 6.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as set out in the attached Customer’s purchase order form.
Specification: any specification for the Goods, including any related plans and drawings, as set out in the order as may be varied from time to time in writing by the Customer and Wignalls.
Wignalls: Wignalls Limited. Company Registration Number – 04452377. Registered address: The Mill, Kingsteignton Road, Newton Abbot, Devon, TQ12 2QA
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2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate. Once the Order has been confirmed by the Customer, Wignalls will be unable to cancel it.
2.2 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in Wignall’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force, if not included in the order.
2.3 Where Wignalls agree to provide a specifically designed plan, the customer agrees to check the accuracy and suitability of the plan. A signature will be required by the customer on each printed side of the elevation plans.
2.4 The Customer is responsible for obtaining all necessary planning permission and local authority consents and permissions for any work to be carried out. In carrying out any work Wignall’s will assume that the necessary consents and permissions have been obtained and accepts no responsibility whatsoever in the event that they have not.
2.5 The Customer must notify to Wignalls the existence of asbestos or suspicion of asbestos, in or near to the vicinity of where the work is to be carried out.
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3. DELIVERY
3.1 Title to the Goods shall pass upon delivery or collection from Wignalls to the Customer. At this point the Customer shall be solely responsible for the Goods. The Customer will be responsible for checking the Goods upon delivery and reporting to Wignalls at that point any alleged defects.
3.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Wignalls shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide Wignalls with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.3 No bespoke manufactured items can be returned once quotation has been agreed. Carcase units will be provided assembled unless otherwise agreed and doors hung on the relevant hinges as per the plan agreed.
3.4 If Wignalls fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Wignalls shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide Wignalls with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.5 If 28 Business Days after the day on which Wignalls notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Wignalls may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
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4. QUALITY
4.1 Wignalls warrants that on delivery and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with the Specification; and
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for their purpose as held out by Wignalls.
4.2 Subject to clause 4.3, if:
(a) the Customer gives notice in writing to Wignalls during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1;
(b) Wignalls is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Wignalls) returns such Goods to Wignall’s place of business at the Customer’s cost,
Wignalls shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
4.3 Wignalls shall not be liable for Goods’ failure to comply with the warranty set out in clause 4.1 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 4.2;
(b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods;
(c) the defect arises as a result of Wignalls following any drawing, design or Specification supplied by the Customer:
(d) the Customer alters or repairs such Goods without the written consent of Wignalls;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
4.4 Except as provided in this clause 4, Wignalls shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 4.1.
4.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
4.6 These Conditions shall apply to any repaired or replacement Goods supplied by Wignalls.
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5. PRICE AND PAYMENT
5.1 The price of the Goods shall be the price set out in the Order and may be subject to change as advertised, or as notified in writing to the Customer.
5.2 All prices include VAT at the current rate. Unless otherwise specified.
5.3 Any additional products will be invoiced separately to this quote and payment will be required in full at point of order.
5.4 Wignalls may, by giving notice to the Customer at any time up to 10 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond Wignalls control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give Supplier adequate or accurate information or instructions.
5.5 The Customer will pay for the Goods as follows:-
(i) if the Goods are purchased from the showroom and are then manufactured and installed to a bespoke design, the payment terms are 50% at the date of this agreement, 50% prior to delivery / installation.
(ii) if the Goods are purchased from the showroom as a non-bespoke complete unit and are supplied only, then payment will be required in full at the point of Order. Wignalls reserves the right to take a part payment at their discretion;
(iii) if the Goods are purchased from the showroom and are non-bespoke, then payment will be required in full at the point of Order. Wignalls reserves the right to take a part payment at their discretion;
5.6 If the Customer fails to make any payment due to Wignalls under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above The Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. The Customer shall pay the interest together with the overdue amount. A 2% surcharge will also be added for each month of credit taken and debt may be passed to outside sources for debt collection.
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6. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
6.1 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract 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.
6.2 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
6.3 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by Wignalls.
6.4 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
6.5 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
6.6 Warranties: The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Wignalls which is not set out in the Contract.