(a) The ‘Supplier’ means the WARD GROUP of companies, its divisions, agents and assigns.
(b) The ‘Purchaser’ means the individual/s, firm or company purchasing from or otherwise dealing with the WARD GROUP.
(c) The ‘Goods’ means any and all items or services supplied by WARD GROUP to the purchaser.
Unless otherwise agreed in writing the conditions herein set out shall be deemed incorporated in any order placed by the purchaser and any acceptance of the purchaser’s conditions and any conditions which the purchaser additionally seeks to impose in relation to their order, the supplier’s conditions shall prevail. Any description to illustrate passed on verbally or via literature shall not form any part of this contract between the purchaser & the supplier.
Orders are taken by telephone, e-mail, internet, facsimile, in writing or verbally over the suppliers counter facility. All bona-fide urgent orders for next working day (Monday-Friday) must be received prior to 12pm.
4. CANCELLATION OF AN ORDER:
Any order to attend a site, placed by telephone, e-mail, internet, facsimile, in writing or verbally, cancelled by the purchaser, may result in a charge being made by the Supplier, particularly if cancelled on the day of the booking, or if specialist materials have been purchased.
5. SERVICE DELIVERY:
The supplier will use its best endeavours to ensure appointments are always adhered to. However, exact times cannot be quoted and or guaranteed. Therefore the supplier accepts no responsibility or liability whatsoever nature & howsoever arising which may be suffered by the purchaser as a result of any failure on the part of the supplier to deliver the goods or services ordered on or within a specific date or time.
6. PROPERTY & RISK:
Risk of loss or damage to materials passes on to the purchaser immediately upon installation. The Supplier will not be liable for any loss, damage, injury or expense, consequential or otherwise, incurred arising from the improper use of a product or the failure of a product in an unsuitable application.
7. RETURN OF GOODS:
(a) For unwanted goods returned, other than defective goods, the supplier reserves the right to make a reasonable charge for handling & restocking.
(b) Save for goods returned, returned goods will only be accepted by the supplier if they are in a sound and re-saleable condition. Any goods deemed not to be re-saleable by the supplier will be returned to the purchaser at the purchaser’s expense. Goods will not be deemed re-saleable if they are returned in anything but their original packaging and in ‘as new’ condition.
(c) Goods especially obtained for the purchaser that are site specific, may not be returned for credit or exchange.
(a) The supplier undertakes to replace or repair free of charge any goods supplied which are defective, always provided that whether or not the goods are defective shall be for the sole decision of the supplier.
(b) The supplier guarantees that they will (at their option) replace goods supplied faulty, or repair the same subject to the claim being made, for at least 12 months after the sale of the goods. Date of sale will be considered date of installation and commissioning.
The guarantee shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods. Without prejudice to the generality of the foregoing, the supplier shall not, in any circumstances whatsoever, be liable for consequential or associated loss or damage whether or not the same arises out of the goods supplied.
In the case of Integrated Reception Systems, all goods supplied and installed by the supplier shall be guaranteed for an additional 12 months (total 24 months) from date of completion. The cable network installed as part of an Integrated Reception System is guaranteed for a total of 5 years.
(a) Prices quoted are exclusive of Value Added Tax, which shall be charged at the applicable rate according to the date of the invoice.
(b) All goods and labour that are invoiced shall be paid for at the prices ruling at the time. The price list provided by the supplier is for guidance only and all increases in prices suffered by the supplier may cause an increase in price from the pricelist without prior notice to the purchaser.
(c) Estimates are valid for a period of 90 days from the date of issue unless otherwise extended by the supplier in writing. In extenuating circumstances the supplier reserves the right to withdraw its offer. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or any other document or information issued by the supplier shall be subject to correction without any liability on the part of the supplier.
COD: Payment (unless otherwise arranged) shall be made upon completion using either a valid credit or charge card. If the supplier delivers goods only, payment may be made upon delivery of the goods.
PRO-FORMA: Where no Credit facility exists, the supplier shall issue a Pro-Forma Invoice. Supply & installation can only take place following receipt of payment.
CREDIT: If a credit application has been received & approved then payment may be made by the end of the month following the date of the invoice. If payment is not received by this time the supplier reserves the right to levy a late payment charge based on the outstanding balance charged at 2.5% monthly. The supplier reserves the right to demand payment of all outstanding invoices at any time and may claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
11. RESERVATION OF TITLE:
(a) The property of the goods shall not pass to the purchaser until all sums owed to the supplier on any account whatsoever have been paid not withstanding that delivery and/or installation has already taken place.
(b) The supplier shall be entitled to all rights of access to the purchaser’s premises to enforce its rights.
The conditions and all contracts to which they apply are governed by & construed in accordance with English Law. This document does not affect the Purchaser’s statutory rights.
13. DATA PROCESSING – The Ward Group of Companies are committed to protecting and respecting your privacy.
Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data – The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
The General Data Protection Regulations (GDPR) stipulate that all Client data should be collected for a specific purpose, used only for that purpose and only retained if it continues to meet that purpose. The type of data we will collect and process about you may vary from time to time, but it will always and only relate to our business relationship. We will also hold information after the termination of your contract where it is reasonable to do so in line with our data retention policies. At all times, your data will be treated as strictly confidential and not shared with any organisation outside the Ward Group of companies. When you provide us with data pertinent to our business transaction, we will seek your consent to store such information.
Consent is not defined in the Data Protection Act. However, the European Data Protection Directive (to which the Act gives effect) defines an individual’s consent as: ‘…any freely given specific and informed indication of their wishes by which the data subject signifies his agreement to personal data relating to them being processed.’
- Your consent can be withdrawn at any time
- The processing of your data can be restricted
- You have the right to access the data the Company holds you
- You can rectify the data if inaccurate
- We will erase the data (unless the Company has a lawful reason for processing or storing the data)
- We do not transfer personal data outside the EEA
- We do not use any form of Automated Decision Making in our business
To exercise all relevant rights, queries or complaints please in the first instance contact our DATA PROTECTION OFFICER/DATA CONTROLLER – Mr Stephen Ward.
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.