1. Definition
The term 'Company' used throughout these Terms and Conditions refers to Trafford Electrical Wholesalers Ltd.
2. General
These Conditions shall come into force on our acceptance of your order, and shall apply to all orders received whether in writing or otherwise. In case of any conflict between these Conditions and the terms of your enquiry or order or any correspondence relating thereto, these Conditions shall prevail except to the extent that these Conditions are excluded by specific reference by Trafford Electrical in writing.
3. Prices and Specification
Trafford Electrical make every effort to ensure the accuracy of the information given on our website or in quotations. However, as our policy is one of continual improvement, we reserve the right to discontinue any product or to amend product specifications without notice. All quotations are given at current prices, exclusive of V.A.T., but are subject to alteration without notice in accordance with prices ruling at the time of delivery. We shall be entitled to recover from you by way of addition to prices such amounts which we may become liable to pay in respect of Value Added Tax in relation to any Goods or services supplied by us. Catalogue price lists and other advertising matter are intended to present only indication of the type of Goods offered, and no price or other particulars contained therein shall be binding on us unless expressly included by reference thereto.
Unless confirmed in writing, nothing on the Company website or in any Company catalogue is to be taken as a representation of the source, manufacture or production of the products.
4. Delivery and Inspection
The customer is responsible for inspecting the products upon delivery or collection as soon as possible and in any case within 48 hours of receipt, and notifying the Company of any defect or shortfall, or any product not in accordance with the order.
5. Warranties
The Company warrants that no product supplied is materially defective. This warranty does not apply to any defect which arises due to improper use, failure to follow the product instructions, or any repair or alteration made. In the event that any such product is materially defective, and subject to our delivery and inspection clause, the Company will (at its discretion) replace/repair the product or refund the purchase price.
Liability
The Company shall not be under any liability for damage, punitive damages, losses ( whether direct, indirect or consequential), expenses liabilities, loss of profits, productivity, goodwill, business loss, legal costs, claims, demands, proceedings, judgements or otherwise resulting from , the failure to give advice or information, or the giving of incorrect advice or information whether or not due to its negligence, nor as any result of any express or implied terms of the contract, nor any defect in the products or services.
7. Orders
The Company reserve the right to accept or refuse orders, cancel any uncompleted orders, or to suspend delivery in the event of any of the purchaser's commitments to the company not being met. No variation of your order will be recognised unless agreed by Trafford Electrical in writing. Orders received by the company and accepted by the company cannot be cancelled without the prior written agreement of the company. An order cancellation charge may be imposed on any cancelled order.
8. Specials
Orders for specials, i.e. variations to standard products kept in stock, are ordered and supplied on a strictly non-cancellable order basis.
9. Prices and Carriage
We reserve the right to charge carriage where applicable. Where pursuant to your order we specially order Goods from manufacturers you shall pay us any carriage charge made. All prices quoted are in accordance with the company's current price list ruling at the date of dispatch. Prices will be quoted in writing upon request. All prices quoted exclude VAT at the appropriate rate. Unless otherwise agreed prices do not include carriage.
10. Delivery
All delivery dates are given in good faith and are subject to the availability of materials. The Company shall not be liable for any costs or damages incurred or accrued from non-delivery of goods by a specified date. The Company reserves the right to recover any carriage and handling charges incurred if goods are delivered and subsequently refused. We reserve the right to make partial deliveries of specific orders unless otherwise instructed to the contrary in writing.
11. Loss of Damage in Transit
Losses or damages incurred by the Company's transport will be replaced or repaired at the company's discretion providing the company receives notification within 48 hours of receipt of the goods by the purchaser. This applies whether the Goods are delivered to the purchaser or to a site address.
12. Credit
Trafford Electrical will only supply and deliver goods to approved credit holders and we reserve the right to take up references before any credit account is opened. Failure to comply with the company's credit terms of strictly 30 days from end of month of invoice may result in deliveries being withheld until any outstanding monies are received. We reserve the right to cancel your order if you commit an act of bankruptcy or commence wind-up by reason of insolvency or make an arrangement for the benefit of creditors. We reserve the right to charge interest on overdue accounts at the rate of 8% per annum above the prevailing Bank of England base rate.
13. Returns
Goods older than 30 days from date of delivery will not be accepted for return, other than due to a defect. Returns will not be accepted without prior written authorisation from the Company. All returned Goods must be accompanied by a customer advice note stating date and reason for return. The product and packaging must be in their original condition. A credit or replacement will only be issued after the Goods are inspected at the Company's premises and only at the discretion of Trafford Electrical. A handling charge may be deducted from any credit when it is confirmed that the return was not caused by an error of Trafford Electrical. When returns are authorised it is the customer’s duty to ensure Goods are adequately packaged and insured to avoid possible loss or damage during transit. All Goods will be returned at the customer's expense unless otherwise agreed in writing.
14. Reservation of Title
The risk of loss or damage to the goods shall pass to the buyer on delivery, or to the buyer at the time of collection. The Company shall retain title to the Goods until it has received payment in full of all sums due in connection with the supply of all Goods to the Buyer at any time. For these purposes the Company has only received a payment when the amount of that payment is irrevocably credited to its bank account. If any item of Goods owned by the Company is attached to, mixed with, or incorporated into other Goods not owned by the Company, and is not identifiable or separable from the resulting composite or mixed goods title to the resulting composite or mixed Goods shall vest in the Company and shall be retained by the Company for as long as and on the same terms on which it would have retained title to the Goods in question. The Buyer shall store goods owned by the Company in such a way that they are clearly identifiable as the Company's property, shall maintain records of such goods identifying them as the Company's property, or the persons to whom it sells or disposes of such goods and of the payments made by such persons for such goods. It will allow the Company to inspect these records and the goods themselves on request. All Goods supplied by the Company in the Buyer's possession shall be presumed to belong to the Company (unless the Buyer can prove otherwise). The Company shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of Goods owned by the Company. Such proceeds shall be paid into a separate bank account and shall be held by the Buyer on trust for the Company. If the Buyer fails to make any payments to the Company when due, enters into bankruptcy, liquidation or a composition with its creditors, has a receiver or manager appointed over all or part of its assets, or becomes insolvent, of if the Company has reasonable cause to believe that any of these events is likely to occur, the Company shall have the right, without prejudice to any other remedies: to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Buyer. To require the Buyer to not resell or part with possession of any Goods owned by the Company until the Buyer has paid in full all sums owed by it to the Company. To withhold delivery of any undelivered Contract Goods and stop any Contract Goods and stop any Contract Goods in transit. Unless the Company expressly elects otherwise any contract between it and the Buyer for the supply of Contract Goods shall remain in existence notwithstanding any exercise by the Company of its rights under this clause.
15. Force Majeure
If the Company is prevented by any event beyond the reasonable control of the Company (including but not limited to strikes, traffic conditions, failure of IT systems, disease, epidemic and pandemic, or Trafford Electrical Wholesalers’ inability to procure services and materials required for the performance of the contract) from carrying out all or any of its obligations under the contract by reason of a force majeure event, then the Company shall be relieved of its obligations during the period that such event continues, and shall not be liable for any non-performance of its obligations during such period.