M. Widdup & Sons Limited is pleased to accept orders subject to the Terms and Conditions of sale as stated below. No variation of these Conditions shall be binding unless agreed by letter signed by an Authorised Representative of M. Widdup & Sons. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
In these terms "you" and "your" as appropriate refer to the buyer and "us", "our" and "we" refer to the seller, M. Widdup & Sons Limited and any other associated company. "Days" refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated. "Products" means any Product (including, for the avoidance of doubt software and instalments of the Products or any parts of or for them) sold by M. Widdup & Sons to a Customer.
The price for each product is in UK Sterling and excludes VAT at 20% where appropriate. Should there be any change in pricing of any Products within your Order we will notify you as soon as possible, we will then provide you with the option of reconfirming your Order at the correct price or cancelling it. If an Order is subsequently cancelled, any payment made for the Products will be refunded in full.
We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order. Trade discounts are only valid if the goods supplied are to be resold to a third party in their entirety.
We will accept no responsibility for any errors in proofs that have been passed by the buyer.
We are a business to business to company and do not supply the general public. We reserve the right to charge for re-deliveries or failed delivery attempts when the delivery premises are unoccupied between 8:00am and 5:00pm Monday to Friday.
Title and ownership to the goods shall not pass from us to you until we have received payment for the goods in full together with all other sums payable.
All first orders are on a proforma basis where you must pay for all goods ordered in full before order processing will commence. For subsequent orders, all invoices are payable without discount of any kind in UK Sterling by the 20th of the month following the month of invoice, subject account application. Under no circumstances may you make any deduction or withhold payment for any reason at all. If you fail to pay the invoice by the due date and without prejudice to any rights of us, you shall: forfeit any discount given in that invoice or in any other way agreed; and pay interest on any overdue amount from the date on which payment was due to the date of actual payment (whether before or after judgment) on a daily basis at a rate of 3% interest over the base rate from the time quoted by the Bank of England and reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount. You shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, abatement or otherwise unless he/she/it/they has/have a valid court order requiring an amount equal to such deduction to be paid. Until we are in possession of cleared funds, you shall not be deemed to have made a payment. If you do not make payments as required, we may terminate the Contract.
Claims for damage, shortage, defect or non delivery of goods must be made within seven days of receipt of invoice and we will not be liable for any such complaint made after this time.
Receipt of your order does not guarantee that we can supply the selected Products to you. All the Products are subject to availability and we therefore reserve the right to: alter the quantities of products we supply; to supply only part of an order or divide up orders; provide a similar alternative; to alter the availability and duration of, and to terminate at any time, any special offers.
Product quantities have a +/- 10% tolerance, thickness is +/- 5% and size is +/- 5%, we cannot accept liability if your order is short or over by this. Any quantity over-make within the 10% tolerance will be invoiced to the customer and must be paid for. Where you have specified that the goods be of a certain colour or size such specification shall be subject to a reasonable commercial variation.
M. Widdup & Sons Limited, Widdups, www.widdup.co.uk and our logos are trade names or trade marks of M. Widdup & Sons Limited and may not be used by anyone else without our express permission.
Some product images and product descriptions within the M. Widdup & Sons website are Copyright © of their respective owners. All brand names, logos and trademarks are property of their respective owners.
Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services. All descriptions and illustrations of goods in any catalogue, brochure, information on the widdup.co.uk website, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us. We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations. We will promptly correct any errors brought to our attention.
M. Widdup & Sons total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
Nothing in these conditions excludes or limits the liability of M. Widdup & Sons for death or personal injury caused by the M. Widdup & Sons negligence or fraudulent misrepresentation.
M. Widdup & Sons shall not be liable to you (or your customer) for any indirect or consequential loss or damage (whether for loss of profit, loss of business, damage to property, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
M. Widdup & Sons liability for direct loss or damage arising from damage to tangible property for which M. Widdup & Sons is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
M. Widdup & Sons will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time without prior notice to you.