Terms & Conditions Of Business

All goods sold by WHEN U WANT US and any division of WHEN U WANT US (hereinafter called “the company”) are sold subject to these conditions.

In the case of special print orders or products specifically stocked at the request of the customer, additional terms and conditions apply; these are printed on the reverse side of the special print order form or are agreed under a separate written agreement with the customer. In all other cases, unless otherwise agreed in writing by a director of the company, any addition to, deletion from or variation or qualification of these conditions shall be unenforceable.

COPYRIGHT

All content provided on this Web site, including but not limited to button icons, formatting, graphics, images, logos, software, and text, is the copyright of WHEN U WANT US or its content suppliers and is protected by applicable UK and international copyright laws. Any materials downloaded copied or other any other use including display, distribution, modification, republication, reproduction, or transmission of the content on this Web site is strictly prohibited.
Copyright © 2005 WHEN U WANT US. All rights reserved.

QUOTATIONS AND PRICES

All quotations of price (whether written or oral) are subject to withdrawal or amendment by the company at any time prior to receipt by the company of any acceptance and thereafter are subject to correction of errors at any time.

If the company has not received an acceptance within 30 days of the date of quotation, the quotation shall be deemed to have lapsed.

The prices quoted by the company’s representatives are subject to stock availability, and whilst every endeavour will be made to supply at quoted prices, the company reserves the right to revise prices without prior notice. In particular, should any increase occur in the cost of labour, materials, transport and all or any other direct costs between the date of quotation and despatch of the goods, the company reserves the right to adjust the contract price accordingly.

All descriptions, dimensions, particulars, weights and specifications submitted by the company are deemed to be approximate only, as are details given in any company catalogue, price list and advertising, and do not form part of the contract.

STOCK DESCRIPTION

Any information regarding any product are correct at the time of printing any literature or when being placed on the company world wide web site has been provided by the supplier and is not necessarily our opinion.

PRICES

The company advertised product prices and specifications are correct at the time of printing any literature or when being placed on the company world wide web site, the company reserves the right to change any product price or specification

If a product price or specification has been altered on an item ordered, the company will notify you prior to fulfilling the order.

All prices are quoted in pounds sterling and inclusive of VAT. at the current rate, where applicable.

INVOICES

All invoices will be raised on a monthly basis by the company. Invoiced amounts shall be due and payable within seven days of receipt of invoice. The company shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of the base rate of the Bank of England.

DELIVERY

The company will endeavour to deliver the goods without delay and to comply with reasonable delivery instructions: but any specified time of delivery shall not be of the essence of the contract and the company shall not be liable for late delivery howsoever caused nor shall such failure to deliver be deemed to be a breach of any contract.

TITLE TO GOODS

Notwithstanding delivery and the passing of risk the property in all the goods delivered by the company to the customer shall remain vested in the company until unconditional payment in full is received and cleared through the company’s bank account not only for the goods but also for the goods and/or services comprised in any other contracts between the company and the customer which have been delivered and/or performed but remain unpaid.

Until payment due from the customer under all the contracts between the customer and the company has been so received in full:-

The customer shall hold upon trust for the company the goods;

The customer shall at all times keep the goods comprehensively insured against normal perils and damage;

The customer shall subrogate to the company any rights it may or will have in respect of insurance monies recoverable for the goods;

The customer shall hold the goods as bailee in a fiduciary capacity for the company and it shall be the responsibility of the customer to keep the goods in good condition as its own expense;

The goods shall be held separately from any other assets and be identified as the property of the company and;

The customer shall permit any officer, employee, representative or agent of the company to enter with or without vehicles onto the customer’s premises or other site where the goods are located and to repossess the goods.

PAYMENT SECURITY

Payment can be made by any of the following methods:

Cash

Cheque's made payable to “ WHEN U WANT US “

Electronic Payment by card

The company web site uses secure data transfers for all financial information which is operated through “concerts” using 128k encryption.

PAYMENT

Payment for the goods shall be made by cash with orders unless credit terms have been arranged, in which event, payment for goods supplied under the contract shall be on the last working day of each month following the month of invoice unless otherwise stated on the face of the invoice.

If payment of the price or any part thereof is not made by the due date, the company shall be entitled without prior notice and without affecting other rights hereunder:-

To charge interest on the outstanding amount at the rate of 1.5% per month ac curing daily.

To charge any & all costs involved in the recovery of monies owed.

To cancel or suspend delivery of any goods ordered by the customer which have not been delivered without incurring any liability to the customer.

The customer shall have no right of set-off in respect of any claim it may make against the company.

The time for performance of the customer’s obligations (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle the company at its option to treat the contract as repudiated by the customer and in the event that invoices remain outstanding following the agreed credit terms then all invoices then in existence, whether or not due for payment, will immediately become due and payable.

The company shall have a right of set-off against any sums due by the company or any of its associated companies to the customer.

CANCELLATION BY THE COMPANY

If the customer shall fail to make any payment when due or enters into any arrangement with its creditors, or if, being an incorporated company, shall have a receiver appointed or shall pass a resolution for winding up or a court shall make an order to that effect, or if, being an unincorporated company, shall have a receiving order made against it, or if there shall be any breach by the customer of any of the terms and conditions herein (or, in the case of special print orders, of any of the special print orders terms and conditions), the company may defer or cancel any further deliveries and treat the contract as determined without prejudice to its right to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding.

The company reserves the right to cancel or reduce any order in event of being unable for any reason to execute either the whole or part thereof.

CARRIAGE

Quoted prices for goods ordered which are to be delivered to any part of the mainland England, Scotland and Wales where the order value exceeds £50, include carriage costs in respect of orders with a value of £50 or less, a handling charge will be levied. The company reserves the right not to accept orders with a value below £50. In respect of orders outside England , Scotland and Wales , the customer will be charged for carriage at cost, in addition to the quoted price.

CLAIMS

No claim shall be entertained by the company unless received by the company in writing. Claims arising from damage or partial loss in transit much reach the company within 7 days from the date of delivery. Claims for non-delivery must reach the company within 7 days from the date of despatch. All other claims must reach the company within 7 days from delivery. Damaged goods must be retained for inspection/collection.

Any refund, by us will be the same method as was used to make the purchase (e.g. Purchase by credit card will be refunded to the same card

LIABILITY

Subject to the unfair contract terms Act 1977, and the “requirement of reasonableness” therein, in the event of any claim against the company in respect of any matter whatsoever, the liability (if any) of the company shall be limited to the replacement of the goods sold by the company in respect of when the liability (if Any) arises only and under no circumstances shall the company be liable to the customer or any other party for any consequential loss or damage whatsoever.

FORCE MAJEURE

Every effort will be made to carry out the contract but its due performance is subject to cancellation by the company and such variations as the company may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of god, war, strike, lock-out, other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the company’s control. The company shall be under no liability for failures, variations and delays attributable to cause beyond its control.

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

OTHER CONDITIONS OF SALE

By ordering any goods from the company, the customer will be deemed to have accepted that these conditions take precedence over any other conditions contained on or in any letter, acceptance form, receipt or the like received by the customer in connection with the goods so ordered and that any such other conditions will not form part of the contract between the company and the customer for the sale of such goods. For the avoidance of doubt, it is here reiterated that in the case of special print orders, the additional terms and conditions printed on the reverse of the special print order form do apply and in the case of products specifically stocked at the request of the customer, any additional terms do apply in addition to these conditions and do form part of the contract for the sale of such goods between the company and the customer.

INVOICES

All invoices will be raised on a monthly basis by the company. Invoiced amounts shall be due and payable within seven days of receipt of invoice. The company shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of the base rate of the Bank of England.

PRODUCT MATERIAL DATA SHEETS & INFORMATION

The company will supply with each chemical product sold a material data sheet produced by the chemical manufacturer in accordance with The Control of Substances Hazardous to Health Regulations Act (COSHH) 1994, The Control of Substances Hazardous to Health Regulations Act (COSHH) 1999 and The Control of Substances Hazardous to Health Regulations Act (COSHH) 2002.

INSURANCE

The company is insured to carry out its business and has public liability and employers liability insurances.

EQUIPMENT AND CHEMICALS USED

The company will provide all equipment and chemicals used within your premises unless otherwise stated or requested. The company will provide with each chemical product used within your premises a material data sheet produced by the chemical manufacturer in accordance with The Control of Substances Hazardous to Health Regulations Act (COSHH) 1994, The Control of Substances Hazardous to Health Regulations Act (COSHH) 1999 and The Control of Substances Hazardous to Health Regulations Act (COSHH) 2002. The Client must allow the company access to hot water and power.

TRADING AGREEMENT

The company reserves the right to consult whomsoever it considers appropriate for the purposes of trade references and will record information in respect of such opinions which will be made available to other businesses for the continuing assessment of credit risk.

Proper law

APPLICABLE LAW

This Web site is created and controlled by WHEN U WANT US in the United Kingdom. As such, the laws of the United Kingdom will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. By use of this Web site you irrevocably consent for any and all disputes with WHEN U WANT US to the venue of English courts located in the United Kingdom. If you access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time with or without notice to its users.

INDEMNIFICATION

The client shall indemnify the company against any and all claims, damage, costs and expenses, which the client may incur as a result of employing the company and which arise, directly or indirectly, from the clients insistence that the company uses the clients own provided equipment and chemicals.

Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the company to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the fees paid by the client to which the claim relates.

In no event shall the company be liable to the client for any loss of business, loss of opportunity or loss of profits or for an other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the client had been made aware of the possibility of the client incurring such a loss.

Nothing in these Terms and Conditions shall exclude or limit the client’s liability for death or personal injury resulting from the company’s negligence or that of its employees, agents or sub-contractors.

These conditions and all quotations, offers and acceptances shall be governed by and construed according to English law.