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Terms and conditions

Illingworth Ingham Terms and Conditions

 

1 – GENERAL

(a) The following terms and conditions will apply to all contracts for the supply of

goods and services by Illingworth Ingham (Manchester) Limited.

(b) Throughout these terms, the word “Company” shall be taken to mean Illingworth

Ingham (Manchester) Limited as the seller.

( c) No variation of these terms and conditions will apply unless agreed in writing

between the Company and the Customer.

(d) In the event that the Customer’s order contains conditions which differ from those

of the Company, then the order is accepted on the understanding that such conditions

are waived by the Customer.

 

2 – MAKING THE CONTRACT

(a) Any quotation given by the Company will comprise an invitation to treat and shall be

open for 28 days only beginning with the date of the quotation, provided the Company

has not previously withdrawn it.

(b) Telephone or Facsimile Orders: When ordering the Customer should, please, at all

times quote the timber type and a moulding reference number. A purchase order number

must be quoted at the time of order, and a confirmation should be sent by post. This

must be clearly marked “Confirmation” to avoid the possibility of duplication. In the

event of duplication due to failure to so mark the confirmation, then the duplicate will be

accepted for credit, subject to a handling charge.

( c) An acknowledgement of order is sent in cases where it is not possible to make a

delivery from stock. Any despatch date quoted is an estimate only and does not

constitute a promise. We cannot accept any liability in the event of non-delivery within

the time shown.

 

3 – CANCELLATION

Any cancellation, or part cancellation, of an order will only be permitted at the discretion

of the Company, and on such terms as will reimburse the Company for all losses incurred;

as a result the prices charged will be those appropriate to the quantities delivered.

 

4 – AVAILABILITY OF GOODS

(a) All quotations on ex-stock items are made subject to the goods remaining unsold at

the time that the order is received.

(b) Goods will not be reserved against an enquiry unless this specifically requested, an

order number quoted and the order accepted by the Company, such reservations will be

limited to 48 hours.

 

5 – PRICE

(a) The price of goods is that ruling in the price list issued by the Company ruling at the

date of acceptance of order unless otherwise agreed in writing.

(b) The minimum value of any one order is £400.00 unless agreed otherwise by the

Company. The Company reserves the right to impose a surcharge on small runs and orders.

( c) All prices quoted are exclusive of VAT. The despatch date is the invoice date and

tax point.

(d) Except where indicated, there is no charge for the Company’s standard methods of

packing and carriage within the UK mainland. Where requested, the Company will arrange

alternative methods of carriage and this will be charged extra. The Company’s sales staff

will advise details of this service.

(e) Export Business: All export business outside the U.K. is subject to separate quotation

against enquiry.

 

6 – TERMS OF PAYMENT

(a) Payment is accepted by cash, cheque or money order. Goods to be collected against

payment by cheque will be released only upon clearance of the cheque.

(b) Where Customers are granted credit terms, payment shall be received not later than

the last day of the month following the month of invoice.

( c) Time for payment shall be of the essence.

(d) The Company reserves the right to charge interest at 2 per cent per month on all

overdue accounts.

(e) The Customer shall have no right to set-off, statutory or otherwise.

 

7 – DELIVERY/SHORTAGES

(a) Delivery shall be deemed to occur:-

(I) prior to loading at the Company’s premises where goods are being collected by

the Customer or its agents.

(ii) prior to unloading at the Customer’s specified premises where goods are being

delivered by the Company or its agents.

(b) Deviations in quantity of the goods delivered (representing not more than 10 per

cent by value) from that stated in these terms and conditions shall not give the Customer

any right to reject the goods or to claim damages and the Customer shall be obliged to

accept and pay at the contract rate for the quantity of the goods delivered.

( c) The Company shall be under no liability unless it is advised in writing

of any damage sustained by goods in transit, and a claim is made in writing

against the carrier within 2 working days of receipt. Packaging and contents

should be retained for inspection by the Company.

(d) The Company shall be under no liability unless it is advised in writing of any

shortages within 7 days of delivery and details of the shortages should be

entered on the delivery note when signed.

 

8 RETENTION OF TITLE

(a) Risk in the goods shall pass on delivery to or collection by the Customer.

(b) Notwithstanding risk in the goods having passed title in the goods shall

not pass the Customer until the Company has received payment in full for the

goods and there are no other amounts outstanding from the Customer to the

Company in respect of other goods supplied by the Company.

( c) The Company shall be entitled to enter upon any premises where the goods

are stored for the purpose of removing such goods.

 

9 – WARRANTY/LIABILITY

(a) The Company warrants that it has title to and the unencumbered right to

sell the goods.

(b) Random lengths of timbers are normally supplied unless specifically

requested “cross cut to length”.

( c) While every effort is made to ensure the high quality of the finished

product, it is the responsibility of the Customer to satisfy itself that the

goods are suitable and fit for any particular purpose.

(d) No allegedly defective or other returned goods can be accepted, for

whatever reason, without prior authorisation by the Company. Authorisation

may be obtained by telephone or letter addressed to the Sales Department.

A return authorisation number will be issued and this must be quoted on all

documentation accompanying the goods, and in any subsequent correspondence.

Acceptance by the Company of returned goods does not necessarily entitle

the buyer to credit, and the Company reserves the right to deduct a return

charge if any credit allowance is made. No returns or complaints will be

accepted unless notified to the Company within 21 days of invoice date or

where such goods have been subject to misuse, abnormal use or neglect.

(e) The Company shall not be liable for any consequential or indirect loss

suffered by the Customer whether this loss arises from breach of duty in

contract or tort or in any other way (including loss arising from the Company’s

negligence).

(f) The Company’s total liability for any one claim or for the total of all claims

arising from any one act or default of the Company (whether arising from the

Company’s negligence or otherwise) shall not exceed the contract price of

the goods which are the subject of the claim.

 

10 – NEW ACCOUNTS

Customers wishing to establish credit trading terms should complete an

application form, which will be supplied on request. The Company reserves the

right to reject such an application without explanation.

 

11 – COPYRIGHT

The Company’s catalogue is the copyright of the Company, and it’s

reproduction in whole or in part by any means is prohibited without written

consent.

 

12 – FORCE MAJEURE

(a) The Company shall not be liable for losses or any failure to deliver the

goods arising from circumstances beyond its control.

(b) If circumstances preventing delivery are still continuing three months after

the due delivery date, then either party may give written notice to the other

cancelling the contract, without any further liability accruing to either party.

 

13 – NOTICES

Any notice to be given hereunder shall be in writing and shall be deemed to

have been duly given if sent or delivered to the party concerned at its address

specified overleaf or such other address as the party may from time to time

notify in writing and shall be deemed to have been served, if sent by post, 48

hours after posting.

 

14 – WAIVER

The rights and remedies of the Company under the Contract shall not be

diminished waived or extinguished by the granting of any indulgence, forbearance

or extension of time by the Company nor by any failure of or delay by the

Company in asserting or exercising any such rights or remedies.

 

15 – PROPER LAW AND JURISDICTION

The contract shall be governed by and constructed in accordance with English

law and all disputes arising in connection with the contract shall be submitted

to the jurisdiction of the English Courts.

 

Illingworth Ingham