“Buyer” the person or company who accepts Nationwide Building Materials Quotation for the sale of the goods or whose order for the goods is accepted by Nationwide Building Materials.
“Conditions” the standard terms of sale set out in this document and (unless the context otherwise requires) including any applicable special terms agreed in writing between the Buyer and the Nationwide Building Materials.
“Contract” the contract for the sale and purchase of the Goods.
“Goods” the goods which the Nationwide Building Materials is to supply in accordance with these Conditions;
“Order” means the written order placed by the Buyer requesting the Goods.
“Quotation” means the document or correspondence provided by Nationwide Building Materials to the Buyer setting out the goods to be provided.
Nationwide Building Materials shall sell and the buyer shall purchase the goods in accordance with the Nationwide Building Materials quotation. Other conditions, a verbal quotation is accepted or purported to be accepted.
No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Nationwide Building Materials
Nationwide Building Materials employees are not authorised to make any representations concerning the goods unless confirmed by Nationwide Building Materials in writing.
Any advice or recommendation given by Nationwide Building Materials or its employees to the buyer regarding the storage, application or use of the goods which is not confirmed in writing by Nationwide Building Materials is followed or acted on entirely at the buyer’s own risk. Nationwide Building Materials shall not be liable for any such advice or recommendation which is not so confirmed in writing.
Any clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Nationwide Building Materials shall be subject to correction without any liability on the part of the Seller.
Nationwide Building Materials shall not be liable or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of Nationwide Building Materials obligations in relation to the goods if the delay or failure was due to any cause beyond Nationwide Building Materials reasonable control. Without limiting, the following shall be regarded as causes beyond the Seller’s reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition.
- Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party.
- Power failure or breakdown in machinery.
The buyer shall be responsible to Nationwide Building Materials for ensuring the accuracy of the terms of any order submitted by the buyer, and for giving Nationwide Building Materials any necessary information relating to the goods.
The quantity, quality and description of the goods and any specification for them shall be as set out in Nationwide Building Materials quotation.
Nationwide Building Materials reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory requirements or where alternative goods are to be supplied, which does not affect the quality or performance.
Nationwide Building Materials does not warrant the goods. All warranties for the goods (if any) are made by the third-party vendor of the goods and are subject to their terms and conditions.
Certain statutory provisions may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent permitted, Nationwide Building Materials liability for breach of the contract will be limited to one of the following as determined by Nationwide Building Materials:
Replacement of the goods or supply of equivalent goods.
The payment of the cost of replacing the goods or acquiring equivalent Goods.
The payment of the cost of repairing the Goods.
The price of the Goods shall be Nationwide Building Materials quoted price or the price listed on Nationwide Building Materials website. All prices quoted are valid for 30 days only, after which time they may be altered by Nationwide Building Materials without giving notice to the buyer.
Nationwide Building Materials reserves the right to increase the price of the goods to reflect any increase in the cost to Nationwide Building Materials which is due to any factor beyond the control of Nationwide Building Materials. Any change in delivery dates, quantities or specifications for the goods which are requested by the buyer, or any delay caused by any instructions of the buyer or failure of the buyer to give Nationwide Building Materials adequate information or instructions.
The cost of pallets and returnable containers will be charged to the buyer in addition to the price of the goods, but full credit will be given to the buyer provided they are returned undamaged to Nationwide Building Materials. This will be to a pre agreed collection point or where collected an additional haulage charge may apply.
Subject to any special terms agreed in writing between the buyer and Nationwide Building Materials, Nationwide Building Materials may invoice the buyer for the price of the goods on or at any time after delivery / collection of the goods.
The Buyer shall pay the price of the goods within 30 days of the date of Nationwide Building Materials invoice, and Nationwide Building Materials shall be entitled to recover the price.
If the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to Nationwide Building Materials, Nationwide Building Materials may:
Cancel the contract or suspend any further deliveries to the buyer.
Appropriate any payment made by the buyer or the goods supplied under any other contract between the Buyer and Nationwide Building Materials as Nationwide Building Materials may think fit.
Charge the Buyer interest (both before and after any judgment) on the amount unpaid under the Late Payment of Commercial Debts (Interest) Act 1998.
Charge the Buyer 25% of the amount unpaid for third party services engaged for the purposes of recovering the amount unpaid.
Charge the buyer for any legal fees reasonably and properly incurred in recovering the amount unpaid.
Collection of the goods shall be made by the buyer. This may be from Nationwide Building Materials premises or an agreed partner premises at any time after Nationwide Building Materials has notified the buyer that the goods are ready for collection.
Any dates quoted for delivery of the goods are approximate only and Nationwide Building Materials shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not provided unless previously agreed by Nationwide Building Materials in writing. This applies to full and part deliveries.
If the buyer fails to take delivery of the goods or fails to give Nationwide Building Materials adequate delivery instructions, otherwise than reason beyond the buyer’s reasonable control or by reason of Nationwide Building Materials then, without limiting any other right or remedy available to Nationwide Building Materials, Nationwide Building Materials may store the goods until actual delivery and charge the buyer for the reasonable additional costs of storage and redelivery of the goods.
No order which has been accepted by Nationwide Building Materials may be cancelled by the buyer except with the agreement in writing from Nationwide Building Materials and on terms that the buyer shall indemnify Nationwide Building Materials in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Nationwide Building Materials as a result of cancellation.
Right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You do not have the right to cancel the contract if the order is for the supply of goods that are made to your specifications or are clearly personalised or that are liable to deteriorate or expire rapidly.
Nationwide Building Materials will inform you prior to the contract coming into force whether or not you have a right of cancellation in respect of the goods you have ordered.
Where you have the right to cancel the contract, you must do so within 7 days after the date of order.
Notice of cancellation should be given to Nationwide Building Materials in writing.
If you exercise your right of cancellation after the goods have been delivered, you will have to bear the cost of returning the goods to Nationwide Building Materials. The goods must be returned to the address specified by Nationwide Building Materials. The goods must not be damaged.
If you do not return the goods as required, Nationwide Building Materials may charge you a sum for recovering the goods.