Knowles Terms & Conditions

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E & S W Knowles & Co Limited.
Terms and Conditions of Sale


1. Information About Us


We operate the websites We are E & SW Knowles & Company Limited, a company registered in
England and Wales under company number 954098 and with our registered office at Moor Lane Industrial Estate, Perrywell
Road, Witton, Birmingham, B6 7AT. Our main trading address is at the same address. Our VAT number is 110 0736 33.


Contacting us: You many contact us by telephoning our customer service team at 0121 356 7046. By fax at 0121 332
2638 or by emailing us at If you wish to give us formal notice of any matter in accordance with
these Terms, please send any correspondence by the address in clause 1.1


Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer.
You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

2. Our Products


The images of the products on our site and sent to you by us are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computers display of the colours accurately reflect the colours of the products. Your products may vary slightly from those images.


Although we have made every effort to be as accurate as possible (and perhaps because some of our products are handmade,) all sizes, weights, capacities, dimensions and measurements indicated by us have a 2% tolerance. In particular, some of our products are natural products, they are supplied on a total length basis and we cannot give assurances that lengths will be the same across an order.


The packaging of the products may vary. Some of the products are heavy, and you may need to transport them after delivery manually or otherwise, at your own risk.


Please note carefully that:
(a) Some of our products are considered bespoke, and are sometimes described as “made to order”, unless otherwise specifically specified. If we have ordered in products specifically for your order then the order will become non-cancellable.
(b) Where a consignment is made to order, we will make efforts to match your requests. It is not always possible to provide an exact match and unless otherwise corrected we will
provide the best match we are able to achieve.
(c) One of our staff may at any stage make the decision that a modification to your order will be necessary in order to deliver a product that will be t for purpose. Although the company will attempt to make any such changes minor, we give no assurances as to how closely the end product will match your specifications.
(d) If you are unsure about any specific detail when placing your order it is your responsibility to confirm and check.
(e) If you do not specify any particular detail when placing you order we will provide the best and/or most cost effective option, at our sole discretion.
(f) We cannot at any stage guarantee that any two doors ordered in the same order will match exactly. For example the painting quality of two items might differ, wood grain and tone will also differ (sometimes substantially) from board to board and other details may also vary from board to board.
(g) Wood is a natural product and we do not attempt to select matching doors within the same species. If you specify a particular timber, we will select doors at random in that timber, unless they are ordered as a pair where we will best match.
(h) Our products are designed to be installed by professionals with training and experience in the products we supply.
(i) If we supply products from a third party manufacturer, such products shall be in accordance with the third party’s manufacturer’s specification.
(j) If you specify Pine, we may supply any species within the Pine family, including mixed sources such as timbers commonly known as Redwood and Whitewood.
(k) Our products are sold only for their common use purpose. Other uses of our products are at your own risk and come without our support, warranty or guarantee in any form.
(l) Where we specify a product is MDF, it may be supplied in either standard MDF or moisture resistant MDF (MR MDF)
(m) If we have not defined a product within these terms and conditions, it is your responsibility to check and confirm their definition with us in writing. This includes items such as Doors, Packing Cases, Pallets, Picture Rail, Dado rail, Window Boards, Door Casings etc.
(n) All products we supply are sensitive to both lack of and excess moisture. It is your responsibility to store and install the products in suitable environmental conditions to preserve their shape and condition.
(o) Wood is a natural product so allow for movement, and treat accordingly. BS5756 allows bowing up to 10mm for lengths over 2 metres. If splits occur as long as they are no longer than 1 metre or 1/4 length of the piece, or at the ends, they are no greater than the width of the board, this is also acceptable following BS5756 guidelines.

3. Capacity


If you are a consumer you confirm you are over 18 years of age. If you are acting on behalf of a business you confirm that you have the authority to enter this contract and bind any business on whose behalf you purchase or order products from us.


These Terms constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.


You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms


You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.

4. How The Contract Is Formed Between You And Us


Our website page and/or salespeople will guide you through the steps you need to take to place an order with us. Please take time to read and check your pro forma Invoice or sales acknowledgement and alert us of any errors within 24 hours.


After you place an order, you will receive and email from us acknowledging that we have received your order, however, please note that this does not mean that you order has been accepted.


If we are unable to supply you with a product, for example because the product is not in stock or no longer available, or because we cannot meet your requested delivery date or because an error in the price on our side, we will inform you of this by e-mail or telephone and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.


Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.


Please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of made to order goods if the reason for the return is because you provided us with incorrect measurements, however this will not affect made to measure goods that are faulty or not as described.


Where you request us to produce goods to your design, we shall not be liable for any breach of any intellectual property of any third party caused by our complying with your instructions. You agree to indemnify and hold us harmless against any claims, costs, damages or penalties pursued against us.

5. Our Right To Vary These Terms


We amend these Terms from time to time. Please look at the top of this page to see when the Terms were last updated and which Terms were changed.


Every time you order products from us, the Terms in force at the time of your order will apply to the contract between us.


We may revise the Terms as they apply to your order from time to time to reflect changes in relevant laws, regulatory or our business requirements.


If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel in respect of all the affected products you have paid for but are yet to receive.

6. Delivery


We will contact you with an estimated delivery date, which will be within 30 days after the order is received subject to our acceptance of the order. Occasionally our delivery to you may
be affected by an event outside our control in which case 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.


If no one is available at your premises to take delivery, please contact us to rearrange delivery. You may be charged a redelivery fee. 6.3

Delivery of an order shall be completed when we deliver the products to the address you gave us or your carrier organised by you collect them from us and the products will be your responsibility from that time. We will not deliver to an international address although we will accept, at our discretion, international orders but only where delivery is to be effected by international address.


It is your responsibility that, where we agree to deliver to your nominated address, sufficient access is present to allow offloading to a at area where the products will not cause an obstruction and within 3 metres of the vehicle. It is for you to arrange onward freight of the products if necessary. Please ensure that where necessary, you have the appropriate equipment to facilitate this. If your order is large, it may be shipped on a pallet in which case you will require a forklift to unload the products.


Delays and missing items unfortunately sometimes occur when delivering your goods, please allow 7 working days for us to do our search before replacements can be sent.


We reserve the right to cancel any orders from areas which are uneconomic to deliver to. If you do not collect the products
rom us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them 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.


Our delivery times are Monday – Friday 7.00 am to 6.30pm, and we cannot offer timed deliveries unfortunately, however if you have a special requirement, please contact one of the sales team, and we will try to accommodate your request as much as we can.

7. Price Of Products And Delivery Charges


The prices of the products will be quoted to you on the telephone, website or by email. We take responsible care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system.


Prices for our products may change from time to time, but changes will not affect any order you have already placed.


The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being, however if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes place.


The price of a product may include delivery charges.


We supply a large number of products. It is always possible that despite our best efforts, some of the products may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you (in writing) to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and un-mistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect lower price.

8. How To Pay & Credit Accounts


You can only pay for products using a debit or credit card, PayPal, bank transfer or cheque. We do not accept American Express. Credit and Debit card details are entered on a secure page and they are transferred using SSL technology ensuring you are protected at all times.


Payment for the products and all applicable delivery charges are made in advance unless you have been granted credit. We will not begin to manufacture your order until we have received payment in full or you have sufficient credit available on your account.


In addition to our normal payment terms set out at clause 8.1 above, we may, in our sole discretion, consider opening a credit account for you. Any credit terms we may consider offering will be subject to status and a credit check. To carry out a credit check, we will need to pass your personal information to credit reference agencies but we will obtain your consent before we do this. This will not adversely affect your credit rating. In order for us to use this service we must inform you that the credit reference agency may check the details you supply to us against any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained. Please note that any refusal to provide your consent to this credit check may result in our inability to provide services and/or goods to you.


From time to time, we may conduct further credit checks to ensure your ongoing eligibility for credit facilities. In the event that any subsequent credit checks indicate that your credit status has changed, we reserve the right to revise our terms of payment set out in this Clause and if necessary require you to pay in accordance with clause 8.2


In the event that any payment is not made in full and on time within any agreed credit facility, such facility shall terminate immediately and all outstanding invoices that we may have issued to you will fall due and payable forthwith.


We reserve the right to charge interest on late payment of Invoices at the rate of 8% above Bank of England base rates applying from time to time. We also reserve the right to claim all costs of collection incurred in collecting overdue invoices.


If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).


The risk in the products shall pass to you on completion of delivery. Title to the product shall not pass to you until we receive payment in full (in cash or cleared funds) for the products.


If you fail to make any payments when they become due we reserve the right to repossess or recover the products and enter any premises where the products are stored in order to recover them.

9. Manufacturer Guarantees


Some of the products we sell to you come with a manufacturers guarantee. For details of the applicable terms and conditions, please refer to the manufacturers guarantee provided with the products.

10. Certifications

Some of our products carry certifications from the manufacturers and/or recognised standards bodies. We do not independently verify or otherwise check such certifications. Accordingly please note:


Some of our products are offered with third party certifications. We only provide certificates on request and as long as the customer can prove they have brought the materials from us.


The customer has a responsibility to build in line with the tested capabilities of the product. The customer must have e.g. applied the correct intumescent in the case of a re and used inter alia the correct isolation, glass and seals in the case of acoustics. Whilst our suppliers have a responsibility to provide us with the correct documentation and paper trail for materials we purchase from them, we can only provide our customers with the information provided to us and we will not be held for any inaccuracy or defect in the materials and/or information provided by our suppliers.


Customers will only be supplied with a particular certification of product if specifically requested by the customer


Fire ratings – we use the ratings our manufacturers supply us with. We also utilise a “field of application” written for us by IFC International Fire Consultants which details the scope of applications in different products. We are not experts in the scope of those applications and can do no more than provide the scope of applications as written by IFC.


Chain of custody and Timber certificates – some products can be supplied with FSC and PEFC certification. We are accredited FSC and PEFC users and have a certificate reviewed annually.


Packing case material is IPPC approved and certificated for export.

11. Your Rights To End The Contract


Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or to get some or all of your money back), see clause 14 if you are a consumer and clause 15 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you are a consumer and have just changed your mind
about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see 11.6


If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.


If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.


Your right as a consumer to change your mind does not apply in respect of:
(a) products which are bespoke and made to your measurements once we have produced, manufactured ordered or obtained them;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.


If you are a consumer you have 14 days after the day you (or someone you nominate) receives the products to cancel the contract unless the products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.


Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 11.1) and/or provided that one of the circumstances set out in 11.4(a) to 11.4(c) do not apply, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. 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.

12. How To End The Contract With Us (Including If You Are
A Consumer Who Has Changed Their Mind)


To end the contract with us, please let us know by phone or email. Call customer services on 01213567046 or email us at Please provide your name, home address, details of the order and, where available, your phone number and email address.


Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products in person to where you bought them, have them delivered back to us or allow us to collect them from you. Please call customer services on 0121 3567046 or email us at to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.


We will pay the costs of return:
(a) if the products are faulty or misdescribed;or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must
pay the costs of return.


What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.


How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.


If you are exercising your right to change your mind the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.


When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

13. Our Rights To End The Contract


We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) 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
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.


If we end the contract in the situations set out in clause 13.1 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 let costs we will incur as a result of your breaking the contract.

14. Your Rights In Respect Of Defective Products If You Are A Consumer


If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, t for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most
(c) cases.
(d) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money
(e) back.


If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, arrange delivery of them back to us or allow us to collect them from you. We will pay the costs of delivery or collection. Please call customer services on 0121 3567046 or email us at to arrange delivery or collection.

15. Your Rights In Respect Of Defective Products If You Are A Business


For products which do not have a manufacturers guarantee, we provide a warranty that on delivery by us whether to your premises or ex works, the products shall be free from material defects. It is your responsibility to check the products on delivery and notify us within 24 hours of any defects discovered. For products delivered by courier, it is your responsibility to ensure that the products are sufficiently insured for damage sustained during transit by courier, however, this warranty does not apply in the circumstances described in clause 15.2

The warranty in clause 15.1 does not apply to any defect in the products arising from:-


Fair wear and tear
(a) Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party.
(b) if you fail to operate or use the products in accordance with the user instructions.
(c) Any alterations or repair by you or by a third party who is not one of our authorised repairers, or
(d) Any specification provided by you.


Subject to clause 15.4, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 15.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.


We will not be liable for a product’s failure to comply with the warranty in clause 15.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 15.3(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.


Except as provided in this clause 15, we shall have no liability to you in respect of a product’s failure to
(a) comply with the warranty set out in clause 15.1.
(b) 15.6 These terms shall apply to any repaired or replacement products supplied by us under clause 15.3.

16. Our Responsibility For Loss Or Damage Suffered By You If You Are A Consumer


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 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.


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 products.


If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.

17. Our Responsibility For Loss Or Damage Suffered By You If You Are A Business


Nothing in these terms excludes our liability for:
(a) Death or personal injury caused by our negligence.
(b) Fraud or fraudulent misrepresentation
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) and by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) and
(d) Defective products under the Consumer Protection Act 1987.


Except to the extent expressly stated in clause 17.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.


Subject to clause 17.1 we will under no circumstances whatever be liable to you whether in contract, tort (including negligence), breach or statutory duty, or otherwise, arising under or in connection with the contract for:
(a) Any loss of profits, sales, business or revenue
(b) Loss or corruption of data, information or software
(c) Loss of business opportunity
(d) Loss of anticipated savings
(e) Loss of goodwill
(f) Any indirect or consequential loss, or
(g) Any additional costs which you incur


Subject to clause 17.1, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort, including negligence, breach of statutory duty or otherwise shall in no circumstances exceed the higher of £100 or 5% of the value of the products.

18. Events Outside Our Control


We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. An event outside our control is defined below in clause 18.2


An EVENT OUTSIDE OUR CONTROL means any act or event beyond our reasonable control, including without limitation strike, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, re, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.


If an event outside our control takes place that affects the performance of our obligations under a contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.

You may cancel a contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

19. Communications Between Us


When we refer, in these terms to “in writing”, this will include e-mail.
(a) Any notice or other communication given by us to you, or you to us, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
(c) In providing the service of any notice, it will sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, in the case of an e-mail, that such e-mail was sent to the specified e- mail address of the addressee.

20. How We Use Your Personal Information


We will use the personal information you provide to us to;
(a) Provide the goods and services;
(b) Process your payment for such goods and/or services; and
(c) Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.


You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do


We will not give your personal data to any other third party.

21. Other Important Terms


We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.


You may only transfer your rights or your obligations under these terms to another person if we agree in writing.


This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the contracts (rights of third parties) Act 1999 or otherwise.


Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.


If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.


Any contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred in the first instance to mediation with an independent mediator agreed between the parties. Any mediation or subsequent court action will be governed by and construed in accordance with the law of England and Wales.


Save as regards the reference to mediation clause 21.6, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims). 21.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

22. Damages


We request the right to photographic evidence and time to allow us to investigate your claim before we re-dispatch replacement goods.


We reserve the right to only replace at our discretion the faulty part of the order and will not replace the entire order.