Website Terms & Conditions

We set out here the terms, conditions and use of the Glendinning website. You agree that your use of the site (www.ejwglendinning.co.uk) is at your sole risk and acknowledge that the service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that the E & JW Glendinning Ltd make no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. E & JW Glendinning Ltd do not warrant that the service is compatible with your equipment or that the service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that the Glendinning website and / or E & JW Glendinning Ltd and/or its suppliers shall have no responsibility or liability for (I) any injury or damages, whether caused by the negligence of the Glendinning website and E & JW Glendinning Ltd, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against the Glendinning website and / or E & JW Glendinning Ltd by any other party or (II) any fault, inaccuracy, omission, delay or any other failure in the site caused by your computer equipment or arising from your use of the service on such equipment. The content of other web sites, services, goods or advertisements that may be linked to the site is not maintained or controlled by the Glendinning website or E & JW Glendinning Ltd. The Glendinning website and / or E & JW Glendinning Ltd are therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the site. The Glendinning website and E & JW Glendinning Ltd do not (a) make any warranty, express or implied, with respect to the use of the links provided on the site, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the site or (c) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Site. Use of the Glendinning website implies that you have read, understood and accepted the above conditions.

Glendinning Terms and Conditions of Sale

Definitions

In these Conditions the following definitions shall apply:

"Company"
E & JW Glendinning Limited.

"Contract"
These Conditions together with the Customer order form, quotation, the plan, brochure and the fitting schedule.

"Customer"
The person named in the Customer order form whom the Company has agreed to provide the Goods in accordance with these Conditions.

"Delivery"
Such time as the Goods shall be delivered to the Delivery Address.

"Delivery Address"
The delivery address identified in the Customer order form.

"Deposit"
Means a non-refundable deposit.

"Goods"
Means the goods (including any instalment delivery of the goods or any parts of them) which the Company is to supply in accordance with these Terms.

"Price"
The price exclusive of VAT specified by the Company for the Goods in the Customer order form or as otherwise stated.

"Specified Service"
The service to be provided by the Company as detailed in the Contract if so applicable.

General

The Company shall provide the Goods to the Customer subject to the Contract.
The Contract constitutes the entire agreement between the Company and the Customer and supersedes any previous agreements and understandings in respect to the Goods.
Orders are accepted by writing, internet, telephone or fax but are only binding when the Company sends or gives to the Customer confirmation in writing or by telephone or by email. Once the Company does so, there is a legally binding contract between the Company and the Customer.
The Company will be entitled to vary these Conditions if the Customer is given a reason for the variation and such variation is expressed in writing and signed by the Company.
Variation by the Customer of any part of the Contract can only be made with the written consent of the Company and the Company reserves the right to pass on to the Customer any additional charges which arise as a consequence of the variation.

Price

The prices of the Goods will be the prices ruling at the date of acceptance by the Company of the Customer's order
The cost of pallets and returnable containers will be charged to the Customer in addition to the Price of the Goods, but full credit will be given to the Customer provided they are returned undamaged to the Seller before the due payment date.

Payment

Unless otherwise stated in the Contract or otherwise agreed in writing by the Company full payment of the Total Price (less any Deposit paid) shall be made prior to Delivery by any such means as the Company permits.
The payment of all monies under the Contract from the Customer to the Company shall become due immediately upon the happening of any of the following events:
1. failure by the Customer to pay any sum due to the Company on the due date;
2. the Customer (if an individual) becomes bankrupt or the Company considers that the Customer's financial position is not to its satisfaction;
3. the Customer (if a company or firm) goes into liquidation or has a receiver appointed over any of its assets or an administrator is appointed or enters into any arrangement or composition with its creditors generally.
In the event that any payment to the Company is not made by the due date, the Company is entitled to treat such failure as a material breach of the Contract and to terminate the Contract upon notification to the Customer.
Notwithstanding clause 4.3, the Company is entitled to charge interest at the rate of 4% above the base lending rate from time to time in force of the Company's bank from the due date of payment until actual payment (whether before or after judgment).

Delivery and Risk

Whilst the Company hopes to comply with the date quoted for Delivery, the dates for Delivery are an estimate only. Delivery by instalments may be made. In no circumstances shall the Company be liable for any damages loss or otherwise (including any loss of profits or any other consequential or indirect loss) to the Customer for late Delivery or non-Delivery (although the Company will repay the Deposit (if any) to the Customer if the non-Delivery is due to the fault of the Company). Time for delivery shall not be of the essence of the Contract.
Risk of loss of or damage to the Goods shall pass to the Customer at the time of Delivery.
If the Customer fails to take Delivery of the Goods within 14 days from the date that the Company notifies the Customer that the Goods are ready for despatch, then risk in the Goods will pass to the Customer and, without limitation to any other remedy available to it, the Company may:
1. store the Goods until actual Delivery and charge the Customer for the reasonable costs (including insurance) of storage;
2. in the event of the period of storage being longer than two months, cancel the Contract without any liability on its part and sell the Goods to a third party and in doing so charge the Customer for any shortfall below the Total Price (having taken into account all reasonable storage and selling expenses incurred by the Company).
The Customer must provide safe and adequate access to the point of discharge of the Goods. Failure to comply may result in the Company refusing to make delivery and charging the Customer for the costs incurred.

Acceptance

The Company recommends that the Customer inspects the Goods at the time of Delivery. Any dissatisfaction of the Customer with the Goods as regards quality, quantity or description must be notified to the Company as soon as practicable and must be detailed and confirmed in writing by the Customer to the Company within 7 days from the date of Delivery.
The Customer shall provide all reasonable facilities to enable it to investigate any complaint of dissatisfaction promptly and to advise the Customer of any remedial action which may be appropriate.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of those Goods is notified to the Company in accordance with clause 6.1, the Company shall be entitled to replace those defective Goods free of charge or at the Company's sole discretion to refund to the Customer the price of those defective Goods but the Company shall have no further liability to the Customer (other than such liability as cannot be excluded or limited by law).
For the avoidance of doubt, clause 6.3 shall not apply where Goods are unsatisfactory due to damage of any type whatsoever caused as a result of the actions or omissions of the Customer.

Specification

The Company will make every reasonable effort to produce and supply the Goods that conform to the standard specifications (within their accepted tolerance levels) stated in the Company's literature as published from time to time. The Company cannot guarantee an exact colour or shade match when dealing with concrete or stone products. Owing to the nature of some of the materials used in the manufacture of Goods, such Goods may be subject to colour variations over the surface of the Goods, minor blemishes, imperfections and discoloration.
In the event of Goods containing any of the defects specified in clause 7.1 the Goods shall be deemed satisfactory by the Customer. Accordingly, no liability is accepted by the Company for inaccurate matches of colour or shade, minor blemishes, imperfections or discoloration or any other imperfections which are beyond the Company's control.
All brochures, drawings, illustrations, descriptions (including weights and dimensions) and other particulars whether contained in or accompanying quotations or issued separately are intended to represent only a general idea of the goods described and are by way of information only and shall not constitute a sale by description. The Company reserves the right to vary the design, materials and the specifications of the Goods.
The Company shall reserve the right to make any changes in the specification of the Goods which shall be required in order to conform with any applicable statutory or other requirements which have the force of law and, if there is an additional cost to the Company in making such a change, then the Company shall be entitled to pass on that additional cost to the Customer.

Limitation of Liability

Except in respect of death or personal injury caused by the Company's negligence or where exclusion or limitation of liability is otherwise prohibited by law, the Company shall not be liable to the Customer for any damage, injury or loss of any kind whatsoever (including without limitation any loss of profit or any indirect special or consequential loss) which arises out of or in connection with the provision, supply or installations of the Goods.
Nothing in these Conditions shall affect the statutory rights of the Customer.

Title

Notwithstanding Delivery, the property in the Goods shall remain with the Company until payment in full has been made to the Company by the Customer (with such instruments of payment used by the Customer having been duly honoured pursuant to their terms) for the Goods and all other sums due to the Company as at the date for Delivery.
Until such payment is made, the Customer shall clearly identify the Goods as being the property of the Company. The Customer grants an irrevocable licence to the Company to enter upon such premises where the Goods are believed to be stored for the purposes of recovering the Goods at any time until the property in the Goods has passed.

Termination and Cancellation

The Company and the Customer shall have the right to terminate the Contract forthwith in the event that the other party is in material breach of the Contract and, in the case of any other breach which is remediable, fails to remedy the breach within such reasonable time as is specified in a notice served on the defaulting party by the non defaulting party.
In the event of termination by the Company, the Company shall be entitled to recover from the Customer all costs, losses and expenses which have been incurred by the Company pursuant to the Contract including but not limited to the value of Goods ordered or manufactured by the Company at that time and, in this respect, the Company will be entitled to set off such monies against the Deposit and any other monies paid by the Customer to the Company.
In the event of termination by the Customer, the Customer shall be entitled to the return of the Deposit but shall not otherwise be entitled to any recovery from the Company (except as provided for in clause 10.1).

Force Majeure

If and to the extent that the Company is unable to deliver the Goods or the Customer is unable to take Delivery of the Goods on the Specified Date, both due to circumstances outside that party's control, the other party shall be notified as soon as reasonably practicable and shall be relieved of any liability or failure to perform such obligations. The Company and the Customer shall, nevertheless, use their respective reasonable endeavours to resume performance without avoidable delay.

Miscellaneous

The Contract is personal to the Customer and the Customer shall not assign any benefit under the Contract without the Company's written consent.
If the cost to the Company of performing its obligations under the Contract is increased by reason of the making or amendment of any law, regulation or otherwise having the force of law that affects the performance of the Company's obligations under the Contract after the date of acceptance then the Company shall be entitled to pass on that additional cost to the Customer.
If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
The Contract shall be construed and governed in accordance with the law of England.

Glendinning Company Details

Registered office: Glentor, Ashburton, Newton Abbot, TQ13 7LF.
Registered Number: 614968
VAT Number: 668406312