Terms and Conditions
1. Our Contract
1.1 These Terms and Conditions control the supply of goods sold by UK Cladding Supplies Ltd (No. 15833305) of 22 Aston Road, Bromsgrove, Worcestershire, B60 3EX (“we” and “us”) to the customer (“you”).
1.2 All orders placed by you and purchases of goods from us (whether at our facility, by telephone, via our website or email, and by any other means as we might permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (a) by delivery of the goods to you; or (b) by providing the goods you have purchased to you at our facility, at which point a legally binding contract is created between you and us.
1.3 These Terms and Conditions are subject to change from time to time.
1.4 Processing your payment and acknowledgment of your order (including sending an email confirming your order is being processed) does not constitute legal acceptance of your order.
2. Ordering
2.1 On our website, you may place an order to purchase a product. After clicking on the item that you want to purchase, you will have the opportunity to check and correct any input errors on the order, up until the point at which you place your order by clicking purchase through the checkout page.
2.2 For orders placed in person at our facility, over the phone, or by email. After accepting our quote or order acknowledgement by way of payment, formal or verbal agreement, any change to your order can only be implemented up to the point manufacturing commences (for made to measure products). Any order taken for stock items can be changed up to the point at which the delivery vehicle is loaded, or at point of collection.
2.3 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.4 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the goods you order, or purchase is as set out on our website or a quote prepared by our sales team, at the time you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.
3.2 Website prices and prices quoted by our sales team are correct at time of going to press, and we reserve the right to update prices. We also reserve the right to change the price of goods at any time due to market conditions, but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity.
3.3 Prices are based upon current costs. Should there be any increase in costs of whatsoever kind, then the company shall be entitled, without notice, to increase the price by an amount which fairly reflects such increases. The material will then be invoiced at the price prevailing at the date of despatch.
3.4 Occasionally, an error may occur, and goods may be either incorrectly priced or described. In which case, we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors. We will (at our discretion) either cancel your order and refund the price you have paid, or use reasonable endeavours to contact you and ask if you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.5 We must receive payment in full for the goods you order and purchase, including any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.6 For website orders, payment can be made by most major credit or debit cards by completing the relevant details on the checkout page.
3.7 For purchases made at our facility or over the telephone, payment can be made by most major credit or debit cards or by a confirmed bank transfer.
3.8 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
3.9 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment, we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
3.10 We recommend that you do not communicate your payment card details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be held responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.11 If you are a trade customer, you are responsible for all orders placed by your employees, and we are not bound by any individual order limit you may impose on your employees.
3.12 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
3.13 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
3.14 In the event of non-payment of any amount due to the company after formal demand, or in the event of the buyer becoming insolvent or committing any act of bankruptcy or entering into any arrangement with its creditors or the arising of any circumstances entitling any debenture holder or secured creditor to appoint a receiver or any person to petition for the buyer’s winding up or exercise any other rights or against the buyer’s assets the buyer shall permit the company’s servants or agents to enter upon its premises and remove the said goods title to which is hereby reserved that may be salvaged or removed, without prejudice to the company’s right to receive the full amount due under the contract after giving credit for the value of the goods removed. The buyer shall in those circumstances afford every co-operation to company’s servants’ agents in identifying the property of the company and its whereabouts.
3.15 If you hold an account with us, payment is to be made in full and received by the company by the last day of the month following the month in which the goods were invoiced. If the buyer fails to make any payment due to the company under this agreement by the due date for payment in accordance with the company’s payment terms, then the buyer shall pay interest on the overdue amount in accordance with the Late Payments of Commercial Debts Act 1998 (as amended). Such 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 judgement. The customer shall pay the interest together with the overdue amount. The company reserves the right to refer any overdue amount to a third-party agency or firm for collection and to add all and any costs associated with such referral to the overdue amount. This clause shall not apply to payments that the buyer disputes in good faith.
3.16 The format of our invoice and statements to you will solely be dictated by us.
4. Delivery & Title
4.1 Unless you choose to collect the goods from our facility, and except in exceptional circumstances (as contemplated in clause 12), we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances), unless otherwise agreed between you and us, subject always to clauses 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments.
4.2 A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
4.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting, or waste removal services upon delivery unless otherwise agreed by us in writing.
4.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within a reasonable timescale from the day of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for any “stock” products. Made to measure products cannot be refunded in this case.
4.5 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (a) not be entitled to use the goods; (b) safely hold the goods for us; (c) return the goods to us immediately if we ask you to; and (d) be liable to us for any loss, damage, or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.
4.6 All delivery dates are approximate only and are not of the essence of the contract. Where delay in manufacture or delivery is due directly or indirectly to holidays, heat, accident, frost, fire, floods, war, strikes, lock-outs, industrial dispute, shortage of labour, materials or fuel, failure of plant or machinery, late receipt of buyers’ specification or any other necessary information, government acts, orders or regulations, delay or failure on the part of any sub-contractor supplier or any third party, or any cause whatsoever not within the company’s complete control, then the date for delivery shall be extended for a reasonable time having regard to all the circumstances. Should there be any delay in delivery, whether or not extended as aforesaid, or non-performance resulting from any of the aforesaid causes, the buyer shall not be entitled to recover from the company any compensation, loss of profits, expenses, or damages of any kind whatsoever whether direct or consequential, nor shall it be entitled to cancel the contract providing that the company is able to deliver within a reasonable time, if the company is unable to deliver within a reasonable time the company’s liability shall be limited to any additional cost of acquiring the equivalent goods elsewhere.
4.7 The buyer shall not be entitled to make any claim in respect of short or underweight delivery, unless notice thereof in writing shall have been given to the company within 3 days of delivery. In default of such notice then goods delivered shall be conclusively deemed to be in accordance with contract description in all respects relating to weight and quantity.
4.8 Provided always that notice of complaint is given to the company in writing within 30 days of delivery, where goods are defective due to faulty manufacture or use of faulty materials, the company will, at its option, either replace such goods or refund the price thereof. No claim for replacement of materials or for a refund in price on the grounds of corrosion will be considered and the company shall have no liability in respect thereof, unless made within 14 days of delivery. Save as aforesaid, the company shall have no liability for any defective goods and any Statutory or other warranty, condition or description, express or implied as to the state, quality of fitness of goods, is hereby expressly excluded; nor shall the company in any circumstances be liable to the buyer for any loss of profit, expenditure incurred, loss or damage of any kind, whether direct, special or consequential or whatsoever otherwise sustained or incurred by the buyer by reason of any breach by the company.
4.9 Where the company has agreed to deliver or forward otherwise than at its premises, it shall not be liable for any loss, damage, delay, detention or mis-delivery in course of transit and it shall be the duty of the buyer to inform the company of non-arrival if the goods or any part thereof have not been delivered within 21 days of the company advice note of disposal and to advise both the company and the carrier immediately if the goods arrive in a damaged state.
4.10 Where delivery is to be by instalments, failure to make payment for any one instalment shall entitle the Company to withhold delivery of further instalments, until payment shall be made and entitle the company to withhold delivery of goods due to be delivered under any other contract with the company.
5. Website Order Collection / Call & Collection Service
General
5.1 The terms set out under this clause 5 apply in relation to website order collections and/or call & collection orders.
5.2 These services are available on all goods marked as available for collection on our website.
Ordering
5.3 In accordance with clause 1.2, acceptance of your order and the formation of a contract between us will take place when we hand the purchased goods over to you at our facility.
5.4 If you need to cancel your order after you have submitted it, please call us on 0100 000000 or email us at [email protected]
Collection
5.6 Subject to clause 6, if your item is in stock at our facility, we will aim to ensure that it is available for collection from our facility (during opening hours) within a reasonable time after we receive your order and successfully process your payment.
5.7 Subject to clause 6, any item not in stock on the day of ordering will be made available for collection after a date specified by our sales team. Alternatively, where possible, you can part-collect the available goods the same day from our facility and collect the remaining goods after the date specified by our sales team.
5.8 Items are available for collection only during normal opening hours as set out on our website (see https://www.ukcladdingservices.com).
5.9 We will carry out a verification at our facility before you collect your goods. Therefore, you must bring your passport or driving licence, order confirmation and the card you used, with you when you collect your goods.
5.10 If you do not collect your order within 30 days, then your order may be cancelled, and the value of the “stock” items on your order will be applied as a customer credit to your UK Cladding Supplies Ltd customer account record. Please call or visit us to arrange a refund. No refund or credit will be given for custom manufactured items.
6. Availability
6.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible, or in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
6.2 We work hard to ensure that we have sufficient stock to meet all of our customers’ requirements; to achieve this, we may restrict sales of certain goods from time to time. Where we believe that availability does not or may not meet demand, we reserve the right at our sole discretion to vary your order by placing a limit on the volume or number of goods that you order. This limit may be imposed either on a single order of goods or on a series of orders for goods, and may be notified to you at the time of placing the order, before delivery or collection, or at collection.
7. Manufacturer’s Warranties & Guarantees
7.1 Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please discuss this with our sales team). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer, and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
7.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
7.3 Any product manufactured from a material that is described in writing or verbally as “non-prime”, “N.P”, “Seconds”, “grey alkyd”, “prime-excess” is provided “as is” without any guarantees or warranty. In association with the product, UK Cladding Supplies Limited makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third party rights. Use of the product by a user is at the user’s risk.
7.4 Goods sold as “non-prime”, “N.P”, “Seconds”, “grey alkyd”, “prime-excess”, or goods accepted by the buyer which the company and the buyer agree to be “non-prime” are sold in their actual state, as seen, without warranty and with all faults whether or not the goods have been inspected by the buyer prior to delivery. Any Statement, specification, description, or other information provided by the company in respect of such goods is given in good faith, but the company accepts no responsibility for its accuracy. Under no circumstances will the company be under an obligation to replace or make good such goods or be liable for any claim whatsoever in respect of them. If the buyer shall re-sell such goods the buyer shall ensure that a provision in similar form to this condition is incorporated in the re-sale agreement, unless, prior to reselling the goods, the goods, or such part of them as the buyer re-sells are first made to comply with a recognised specification or standard.
8. Cancellation, Returns & Refunds
Cancellation
8.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 14 days of the date of delivery to you. In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation (For example: Any delivery that is not delivered on our own fleet of delivery vehicles). Where your order comprises multiple delivery shipments, the 14-day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you. All goods returned must be in new condition and without any damage or deterioration, paying particular attention to product coating and form, including but not limited to, scratches, blemishes, dents, gouges, tears, slices and deformation.
8.2 You will lose your right to cancel after the expiry of the 14-day period referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).
8.3 To exercise your right to cancel, you may inform us of your decision to cancel by phone or email using the contact details set out below at clause 15. You may also cancel by informing us at our facility. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
8.4 On cancellation for whatever reason, where you have received the goods, you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 8.9), unless we agree that you may dispose of them. For more information on the ways in which you can return the goods you have received, please contact our sales team by telephone on 0100 000000, or email us at [email protected].
8.5 Following cancellation, subject to clause 8.7 we will refund you the price paid for the cancelled order (or part of the order cancelled). We will not refund the delivery charges. We will pay the refund within 14 days after the day: (a) you notified us to cancel your order, where you have not received the goods; or, (b) we receive the goods you returned to us, where you are in receipt of the goods.
8.6 We will refund you using the same means of payment as you used to pay for your order or purchase.
8.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the products returned where the products show signs of damage or deterioration, paying particular attention to the condition of product coatings; We may withhold any refund until we have received and assessed the goods.
8.8 Your right of cancellation does not apply to products that are cut or manufactured to your requirements, made to measure, made to order, made to your specifications, non-stock, (for example, made to order sheets, flashings and purlins).
Faulty Goods
8.9 Where the goods are being returned because they are faulty, we will meet the cost of return delivery, but we ask that you allow us to organise the collection ourselves. Your right to return goods in these circumstances is not limited to the 14-day period in clause 8.1.
8.10 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the goods within 14 days of delivery or collection, you have a right to reject the goods and receive a full refund, or alternatively we are happy to provide a replacement.
Legal Rights as a Consumer
8.11 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
9. Liability
9.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any: (a) loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); (b) loss which arises when we are not at fault or in breach of these Terms and Conditions; and (c) business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
9.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
9.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (a) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (b) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
9.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
9.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK.
9.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
9.8 Any advice or information the company may give as to the quality of products, or the reliability, skill or any other quality of any person or company, relating to their processing or otherwise, is given without liability on the company’s part and whether or not company will be negligent in connection therewith.
9.9 All tests and inspectors required by the buyer shall be made at the works of or place appointed by the company. The findings of such tests and inspections shall be final and binding on the buyer where carried out by or on the company’s behalf.
11. Termination
11.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
12. Events Beyond Our Control (Force Majeure)
12.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
13. General
13.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
13.2 All images are for illustration purposes only. Contents/accessories shown in images are not included unless stated in product description.
13.3 These Terms and Conditions apply to products, sold by UK Cladding Supplies Limited. All products sold by UK Cladding Supplies Limited are supported by our Returns Policy. Your statutory rights are not affected.
14. Contact Details
14.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at UK Cladding Supplies Limited, 2 Aston Road, Bromsgrove, Worcestershire, B60 3EX, by phone on 0100 000000 or via email [email protected] Calls may be recorded for quality and training purposes.
15. Privacy Policy
15.1 When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our privacy policy in its entirety or ask at our facility or phone 01538 398708)
16. General
16.1 VAT: All prices include VAT at 20% (except where indicated) subject to change in taxation.
16.2 UK ladding Supplies Limited. Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, is strictly prohibited without written permission. Quantities and measurements are approximate. Trademarks acknowledged. Exact products may vary from those shown. All products subject to availability.
17. Website
17.1 These terms (“Terms”) apply to the website www.ukcladdingsupplies.com (“Website”). The Website is owned and operated by UK Cladding Supplies Ltd, a company registered in England whose registered office is at 2 Aston Road, Bromsgrove, Worcestershire, B60 3EX. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use the Website.
18. Privacy & Cookies Policy
18.1 These Website Terms supplement (and are in addition to) the terms of our Privacy Policy and Cookies Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website and our Cookies Policy deals with the use of cookies on the Website.
18.2 When you agree to these Website Terms, you shall be deemed also to have read, understood and agreed to our Privacy and Cookies Policies in their entirety.
19. Terms & Conditions relating to sales
If you order a product through the Website, our Terms & Conditions relating to sales will also apply.
20. Your use of the Website
20.1 You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else´s enjoyment of the Website.
20.2 You may use, download and display the contents of this Website on a computer screen and also print a copy of such content, but solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
- Copy, reproduce, use or otherwise deal with any content on the Website.
- Modify, distribute or re-post any content on the Website for any purpose.
- Reproduce, crawl, frame, link to or deep-link into this Website on or from any other website or application/app or any other device connected to the Internet.
- Use the content of the Website for any commercial exploitation whatsoever.
20.3 You may not use the Website for any of the following purposes:
- Disseminating any unlawful, libellous, threatening, abusive, bullying, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
- Gaining unauthorised access to our or other computer systems.
- Interfering with any other person’s use or enjoyment of the Website or the Internet.
- Interfering or disrupting networks or web sites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright.
21. Use of this Website from outside the UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting UK Cladding Supplies Limited’s products and services deliverable to the UK. Those who choose to access this Website from locations outside the UK are responsible for compliance with local laws, if and to the extent local laws are applicable.
22. Ownership of rights
22.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to UK Cladding Supplies Limited.
22.2 If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign (on a worldwide basis to the fullest extent permitted by law) those rights to UK Cladding Supplies Limited (including any rights you may have in user generated content that you submit through the Website). You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.
23. Password & Account Security
You are responsible for preserving the confidentiality of your password and account and any actions that occur under your account. We will not be liable for any loss or damage which may arise because of any failure by you to shield your password or account.
24. Availability of the Website
23.1 We can make no promise that the services at the Website will be consistently fault free. If a fault occurs in the service, please report it to us by emailing [email protected] and we will attempt to correct the fault as soon as we reasonably can.
23.2 Access to the Website may occasionally be restricted or limited to allow for repairs, upgrades, or general maintenance. We will attempt to restore access as soon as we can.
25. Damage to your computer or other device
25.1 UK Cladding Supplies Limited uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device.
25.2 It is your responsibility to ensure that you have the right equipment and software (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device.
25.3 We shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
25.4 We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. We do not accept any liability in respect of the use of these websites.
26. Accuracy of content
26.1 UK Cladding Supplies Limited disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party (to the extent permitted by applicable law).
26.2 The views expressed in user generated content are the opinions of those users and do not necessarily represent the views, opinions, beliefs or values of UK Cladding Supplies Limited.
27. Our liability
27.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports). (Force Majeure)
27.2 We shall not be responsible for any breach of these Website Terms caused by circumstances beyond our control.
27.3 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
27.4 Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.
27.5 These Website Terms shall not limit or exclude any liability that we are not permitted to limit or exclude under applicable law (such as death or personal injury).
28. Indemnity
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and any sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- Any claim by any third party that the use of the Website by you is defamatory, offensive, bullying or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice.
- Any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature.
- Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
29. Entire Agreement
These Terms (including our Privacy Policy & Cookies Policy) set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
30. Changes to these Terms & Conditions
We reserve the right to change and update these Terms from time to time. We recommend that you revisit this page regularly to keep informed of the current Terms. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms.
31. Applicable Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
32. Miscellaneous
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.including