Terms And Conditions of Sale
This document sets out the terms and conditions of sale between the seller (Walford Timber Ltd.) and they buyer (The Customer)
Cheltenham Fencing and Landscaping Supplies is a division of Walford Timber Ltd.
- All goods remain the property of Walford Timber Ltd until paid for in full (see retentions of title clause below). The buyer hereby authorises Walford Timber Ltd to enter onto their premises and remove goods if payment is not so made. In the case of the buyer defaulting on payment to the seller, the seller revokes the rights of the buyer to resell the goods. The goods must be marked as belonging to the seller and an inventory drawn up. The seller will then notify the buyer of a collection date for the goods to be returned.
- All goods must be paid for on collection, or before delivery. If you have an approved credit account payment is due no later than the last day of the following month from invoice date. (net monthly account). Any Special orders will be invoiced as soon as the account holder is notified the goods are ready.
- If payment is not made by the due date we may suspend your credit facilities and place all orders and deliveries on hold until payment in full is made, without any liability to Walford Timber Ltd. Any invoice outstanding beyond this period will be referred to an external debt collection agency and will be subject to costs, including collection and recovery costs, fees and interest under the “late payment of commercial debts (interest) act 1998”.These will be the responsibility of the buyer, and are legally enforceable by English law.
- Retention of Title - All monies Clause (Applicable to all sale transactions) - The risk in the goods shall pass from the seller (Walford Timber Ltd) to the buyer (the customer) upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or clear funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
- Goods returned due to miscalculation of quantities or change of mind will not be accepted back unless by special arrangement with Walford Timber Ltd, and will be subject to a charge of 20% of the value of the goods, plus all collection and delivery costs. Walford Timber Ltd accepts no responsibility for the calculation of quantities as these must be checked by the customer.
- Any damaged goods must be reported within 14 days of delivery or collection. Goods rejected due to defects caused by climatic conditions must also be reported within 14 days of delivery or collection. Treated timber cannot be rejected because of colour, as the sole purpose of the treatment is to preserve, and not to decorate.
- If you discover that your product(s) are incorrect in any way, you must notify us immediately and prior to installation so that they can be amended, repaired, replaced or refunded. Please do not attempt to amend, adjust, re-work or alter the product as this then constitutes an acceptance of the product, and we are then unable to offer any form of refund, whether in part or full. A full refund can only be given when the entire faulty product has been returned to either Walford Timber or Cheltenham Fencing, and will be subject to inspection. Products made to order, or to a bespoke measurement requested by the customer can only be returned on quality grounds, if damaged, or if incorrectly made or supplied.
- Walford Timber Ltd accepts no responsibility for the calculation of quantities, measurements or dimensions, as these must be checked by and are the responsibility of the customer. We may assist in calculating quantities, measurements or dimensions but this must be considered to be only a guide and it is the customer’s responsibility to ensure these are correct prior to the placing of an order. By placing the order the customer accepts all responsibility and liability for the quantities, measurements or dimensions particularly on products manufactured to order.
- Any discrepancies between the delivery / collection notes and actuality must be reported within 14 days of collection or delivery.
- All delivery and lead times quoted are estimates only. We may decline to deliver if we believe it to be unsafe, unlawful, or unreasonably difficult to do so, or if the premises are unsuitable for our vehicle.
- When unloading by hand is required the driver will leave the goods on the nearest part of the property to the vehicle. The drivers may use their discretion if goods are to be carried further.
- By opting to use our delivery service, you are inviting our delivery staff and our vehicle on to your property and accepting the risk attached with doing this.Your delivery will be made by a commercial goods vehicle, and any consequential damage caused by the use of these vehicles is accepted at your own risk. This can include tyre / scuff marks on the driveway, oil / fuel leakages or spills,damaged vegetation, tyres ruts on soft ground etc. Our drivers will obviously try to minimise the impact their vehicle has on your property, but a commercial goods vehicle will always leave some form of footprint behind and you accept this at entirely your own risk when opting for delivery. We have the right to refuse delivery if we feel it is unsafe, unlawful, or likely to cause unacceptable damage to either your property or our vehicle. If you have any concerns about a commercial vehicle accessing your property, including if you live in an area with restricted access, please discuss them with our transport manager prior to delivery.
- If an order is cancelled by you (for any reason) you are then to pay us for all goods (finished or un-finished) that we may then hold or to which we have committed for the order.
- We may cancel or suspend an order if you fail to pay us any money when due.