DF Wishart

1. Price

The price quoted excludes VAT which will be charged at the rate applying at the time of delivery. Quotations lapse after 30 days.
The price quoted includes packaging and delivery – see delivery charges.
We have a minimum delivered order value of £50. We reserve the right to charge a £10 carriage charge for orders below this minimum value.

2. Delivery

All delivery times quoted are estimates only.
If you decline a delivery during reasonable working hours, or you fail to provide adequate instructions, we reserve the right :-
a. to treat the goods as having been delivered on that day (for the purposes of risk and payment), and
b. to charge for storage and the redelivery of the goods.
We reserve the right not to deliver if :-
c. we believe that it would be unsafe, unlawful or unreasonably difficult to do so ; or
d. access to your delivery address is unsuitable for our vehicle.
Delivery charges may apply for premium deliveries and to regions not serviced by our transport.

3. Risk

Risk shall pass to you either:-
a. when they are unloaded at your specified delivery address; or
b. you or your agent removes them from our warehouses
You must inspect the goods on delivery. We must be advised by fax, email or in writing of damages or short deliveries with 3 days.

4. Payment terms

No goods will be supplied on credit terms until a credit account has been opened.
Payment is due by the end of the month following the date of invoice.
If you fail to make payment on the due date we reserve the right to :-
a. suspend any future deliveries.
b. cancel any discounts offered to you.
c. charge you interest under the Late Payment of Commercial Debts (Interest) Act 1998, from the date due until paid at a rate of 4% above the Bank of Scotland base lending rate.
d. claim a fixed sum compensation from you to cover our credit control overhead costs.
e. recover the cost of any legal action taken against you.
You do not have the right to set-off any money due to you from any payment due to us.
We reserve the right to alter your credit terms or limits at any time.
You are to indemnify us and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations.
The payment of credit accounts by debit/credit card will suffer a surcharge of 2%.
We reserve the right to deduct and contra, any amount due to us against any balance payable to you.

5. Reservation of Title

Until an invoice is paid:-
a. all goods supplied by us remain our property;
b. you must insure items and store them in a good condition, and
c. You may not use or sell those goods if you become insolvent.
You must inform us if you become insolvent.
If your right to use or sell those goods ends you must allow us access to remove the goods.
Despite our reservation of title to the goods, we have the right to take legal action against you to recover sums outstanding.

6. Warranties

We warrant that the goods
a. will comply with their description;
b. are of satisfactory quality, and
c. are free from material defects
We also warrant that we will pass title to you on payment of the goods.
We give no other warranty and make no representation as to the quality of the goods or their fitness for any purpose.
We cannot guarantee that the appearance and/or colours of products shown on our website exactly reproduce the appearance and/or colours of the physical products themselves.

7. Return of Goods

We will accept the return of goods only after this has been agreed by us.
Goods must be returned in the original packaging and be fit for re-sale.
We reserve the right to levy a handling charge. This will normally be 15%
We will only accept the return of goods specially ordered if those goods can be returned to our supplier, where the minimum handling charge will be 15% or the higher of the amount charged by the supplier.
Where goods are faulty we will endeavour to replace them.
We cannot accept the return of goods that have been modified to your requirements.

8. Cancellation of order

Where the goods have not been despatched you will be able to cancel an order unless:-
a. those goods have been specially ordered in for you and are not a stocked line by us. In this case cancellation will only be allowed if we can return the goods to our supplier.
b. those goods have left our premises for delivery to you. We will then treat those goods as being returned as per section 7 of these terms.

9. Waiver and variation

Any purported waiver or variation of these terms is binding only if:-
a. made in writing,
b. signed by both parties, and
c. expressly stating an intention to waive or vary these terms.

10. Force Majeure

If we are unable to perform our obligations to you because of circumstances beyond our reasonable control, we may suspend or cancel any of our obligations to you, without liability.
Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.