Terms and Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Williams Jet Tenders Limited a company registered in England and Wales. Our company registration number is 5227633 and our registered office is at Unit 2, Vogue Business Park, Tower Road, Berinsfield, Oxon OX10 7LN. Our registered VAT number isGB860805719.
2.2 How to contact us. You can contact us by telephoning us at +44 (0)1865 341134 or by writing to us at [email protected] or at Unit 2, Vogue Business Park, Tower Road, Berinsfield, Oxon OX10 7LN.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us. Please make sure any order you place is complete and correct.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, has already been sold to another party, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products in our brochure, on our website or in any other correspondence are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that printed pictures in our brochure accurately reflects the colour or appearance of the products. Your product may vary slightly from those images.
4.2 Measurements. Any information relating to weights, measurements, power performance. speed capacity or fuel consumption given in our brochure, on our website or in any other correspondence are approximate only. Your product may vary slightly.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the product. We may change the product:
1. to reflect changes in relevant laws and regulatory requirements; and
2. to implement minor technical adjustments and improvements. These changes will not have any material negative affect upon your use of the product.
6.2 More significant changes to the product and these terms. In addition, as we informed you in the description of the product in our brochure or on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as told to you during the order process.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. You will be responsible for unloading the products at the delivery address. We may deliver the products in instalments, which will be invoiced and paid for separately. Each instalment will form part of a separate contract between you and us.
7.3 We are not responsible for delays outside our control. If our delivery of the products or our compliance with our obligations is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not available when the product is delivered. If no one is available at the agreed address to take delivery, we will leave you a note informing you of how to rearrange delivery.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
7.6 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
1. we have refused to deliver the products;
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. we agreed in writing that delivery within the delivery deadline was essential when we accepted your order.
7.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.9 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us, immediately before the products are unloaded.
7.10 When you own the products. You own the products once we have received payment in full.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the delivery of products to you. We may have to suspend the delivery of a product to:
1. deal with technical problems or make minor technical changes;
2. update the product to reflect changes in relevant laws and regulatory requirements;
3. make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 We may also suspend delivery of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend delivery of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending delivery of the products.
7.14 Importation. You shall be responsible for complying with any legislation, regulations or other restrictions governing the importation of the products to you and for paying any related duties, taxes or expenses.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, “If there is a problem with the products”).
8.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
3. you have a legal right to end the contract because of something we have done wrong (but see clause 7.9 in relation to your rights to end the contract if we deliver late).
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us (details are provided in clause 2.1).
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or allow us to collect them from you. We will pay the costs of collection.
10.4 Warranty. We offer the following warranty which is in addition to your legal rights (as described in clause 10.2) and does not affect them. We warrant that our products shall be free from any material defect for a period of two years from delivery, providing that you complete and return our standard warranty document within 10 days of us delivery the products to you. You shall return any defective products to us at our place of business or allow us to collect the products (at our cost) for examination if we ask if you wish to make a claim under this warranty.
10.5 Exclusions to our warranty: We shall not be bound by the warranty set out in clause 10.4 if:
1. You have not given us written notice of the defect within 7 days from the date of delivery or (where the defect or failure was not obvious on a reasonable inspection) within 7 days of discovering the defect; and
2. You have carried out any repairs before allowing us a reasonable opportunity to examine the products.
3. you make any further use of the product without our prior written consent after notifying us of the defect or failure;
4. any defect arises from any design or specification you have supplied;
5. any defect arises from fair wear and tear, wilful damage, negligence (other than our negligence), your failure to follow the our, or our suppliers’, instructions and recommendations, misuse or if any alteration or repair has been made to the products without our prior approval;
6. the products have been used for racing or for charter;
7. the products differ from their description in order for us to comply with any applicable statutory or regulatory requirements.
10.6 Remedies in the case of a breach of our warranty. If we fail to comply with our warranty under clause 10.4 then (subject to clauses 10.4 and 10.5) we shall either (at our option):
1. repair or replace the products (or the defective part) free of charge; or
2. refund the price you have paid in respect of the products (or a proportionate part relating to the relevant part(s) of the products that are defective);
and any repaired or replaced products shall benefit from any unexpired period of the warranty in clause 10.4.
10.7 We cannot guarantee or promise that the products we provide will meet the requirements of any particular river, harbour, conservancy or other local national or international licensing measuring or registering authority or any such body that may be applicable to its operation.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing.
11.2 We will pass on changes in the rate of VAT. If the rate of any tax changes between your order date and the date we supply the product, we will adjust the rate that you pay, unless you have already paid for the product (including delivery costs) in full before the change in the rate takes effect.
11.3 When you must pay. You must pay for the products (including packaging and delivery costs) before we deliver them. We shall notify you or any deposit that must be paid at the time at which you place your order.
11.4 We can charge interest if you pay late. If you do not make any payment to by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time (or at the rate of 3% a year if higher). This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.6 Charges for replacement or duplicate documents. We shall have the right to charge you for any replacement or duplicate documents that you request from us. These shall be at our standard rates at the time we deliver these documents, and we will notify you of these costs for you to accept before delivering the documents.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in clause 12.2 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised at clause 10.2; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products under these terms for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. A copy of our Privacy Policy can be found at www.williamsjettenders.com.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
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