Terms & Conditions

Customer Terms & Conditions – Standard Products

1. Introduction 

We are Cutwel Limited, a company registered in England and Wales (company number 03202912, whose registered office is at Unit A Riverside Drive, Cleckheaton, West Yorkshire, BD19 4DH (we, us, our). 

Everything that our customers (you, your) need to know about us and our products can be found on our website www.cutwel.co.uk (our website), in our product catalogues and brochures or from our sales staff before you place an order. 

Please note, these terms and conditions:

• only apply to the purchase of standard products (i.e. not products customised or tailored to a customer's particular requirements) from us;
• don't apply to any purchase of bespoke products or repair services (the terms and conditions for which can be found at www.cutwel.co.uk/terms-and-conditions); and
• include different terms that may apply to you depending on whether you are a Trader or a Consumer (both as defined in clause 12) – this is because Traders and Consumers have different legal rights – the different terms that apply to Traders and Consumers are indicated within these terms and conditions (where applicable) and where no such indication is made the relevant clause shall apply to both Traders and Consumers.  

These terms and conditions use defined terms which are referred to throughout – please see clause 12 which sets out the meanings of these defined terms and for assistance in interpreting these terms and conditions. 

If you have any questions surrounding these terms and conditions or your legal status as a Trader or a Consumer, please contact us by calling 0333 006 8513 or writing to sales@cutwel.net before making any purchase with us.

These terms and conditions were last updated on 28 January 2024.

2. Placing an Order / formation of the Contract 

2.1. You can place an order for the purchase of Goods either:

(a)  over the telephone by calling a member of our sales team on 0333 006 8542 (or calling one of our account managers directly); 

(b)  by emailing our sales team at sales@cutwel.net (or emailing one of our account managers directly); 

(c)  via our website by logging in to your online account, choosing the applicable Goods and proceeding to the 'checkout'; or

(d)  via our website by choosing the applicable Goods and using our 'Guest Checkout' function. 

2.2 Prior to placing an Order, you must make sure that:

(a) the Goods are fit for any particular purpose you intend to use the Goods for, and that the Goods meet any necessary health and safety requirements for that purpose; and

(b) the import, ownership or use of the Goods by you is not prohibited by any applicable laws within the country the Goods will be used in or delivered to.

2.3 By placing an Order, you confirm that you are of the minimum age required to purchase any Goods within your Order that are age restricted. 

2.4 Each Order constitutes an offer by you to purchase the Goods in accordance with these Conditions. 

2.5 We shall only be deemed to have accepted your Order on the earlier of us: 

(a) completing an act consistent with fulfilling the Order; and

(b) issuing you with a written order confirmation,

at which point and on which date the Contract shall come into existence.

2.6 In some circumstances, we may be unable to accept your Order and/or supply you with the Goods (e.g. because the Goods are unexpectedly out of stock, because you are located outside of our delivery areas, as stated on our website or because the Goods were mispriced or misdescribed by us). If this happens, we will inform you of this either in person, by email or by phone and will refund you any sums you have paid.

2.7 Any drawings, descriptive matter, media or advertising produced by us and any descriptions or illustrations included on our website are produced for the sole purpose of giving you an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

3. Goods

3.1 The Goods are described within our product catalogues and the product information contained in the product summary document found on relevant product page of our website (Description). We reserve the right to make changes to the Descriptions at any time where such change is required to conform with any applicable statutory or regulatory standards.

3.2 Without prejudice to clauses 6.4 and 6.5, we warrant that the Goods shall:

(a) conform in all material respects with the relevant Description; 

(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(c) be fit for any purpose held out by us,

during the expected lifespan of the Goods (Supplier Warranty). 

3.3 In addition to the warranties within clause 3.2, some of our Goods are also sold with an assurance or warranty from the relevant manufacturer of the Goods (Manufacturer Warranty).  Whilst we will use our reasonable efforts to make you aware of any Manufacturer Warranty that applies to your purchase of Goods (if any), we shall have no responsibility or liability to you under or in connection with such warranties and any questions or claims you have in connection with any Manufacturer Warranty should be made directly to the relevant manufacturer. 

4. Price and Payment

4.1The price of the Goods will be as stated in the written order confirmation we provide to you, or if no order confirmation is issued, the price set out in our published price list on our website on the date you place your Order. 

4.2 Unless otherwise stated, the price of Goods shall be in pounds sterling (£) and shall be exclusive of VAT. The price of Goods shall not include delivery costs which shall be communicated to you separately before you place an Order.

4.3 All payments for the Goods shall be made by you using any of the following payment methods: (a) BACS; (b) debit or credit card; or (c) bank transfer to the bank account nominated by us in writing. We will not accept cash or cheques as methods of payment.

If you are a Consumer, the following clauses 4.4 and 4.5 shall apply:

4.4 You shall pay for the Goods at the time you place your Order with us. You will own the Goods once we have received payment in full.

4.5 If the rate of VAT changes between your order date and the date we supply the Goods, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

If you are a Trader, the following clauses 4.6 - 4.11 shall apply:

4.6 You may pay for the Goods at the time you place your Order with us, otherwise we will invoice you for the Goods on or at any time after the Goods have been dispatched or made available for collection. 

4.7 Unless we otherwise agree in writing, you shall pay each invoice within 30 (thirty) days of the last day of the month in which the relevant invoice was issued to you or in accordance with any credit terms we have agreed with you (please see clause 4.10 below for details of credit accounts). 

4.8  If you fail to make any payment you owe to us, we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.

4.9 You shall be liable to pay us any VAT that applies to your purchase of Goods (at the prevailing rate), subject to receipt of a valid VAT invoice. If the rate of VAT changes between the date we place your Order and the date of Delivery, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

4.10 Credit accounts.

(a) We may, acting in our sole discretion, offer a credit account to you upon request. Full details of our credit account eligibility criteria can be requested from our sales team. A credit account is not guaranteed even if you satisfy our credit account eligibility criteria, and we reserve the right to refuse to offer credit for any reason. We may amend our credit account eligibility criteria at any time. 

(b) Where we agree to open a credit account for you: (i) we shall issue you with a credit account summary and invoice you once per calendar month for the Goods supplied during that month; (ii) if your credit account exceeds the agreed credit limit, we may refuse to process or dispatch any Goods to you until the credit account balance has been cleared; (iii) we reserve the right to terminate your credit account at any time for any reason and you will settle any remaining balance of the credit account immediately should we decide to terminate your credit account; and (iv) and the provisions of clauses 4.7 to 4.9 (inclusive) shall apply to any amount due to by paid by you under your credit account. 

4.11 You must pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5. Delivery / Collection 

5.1 We shall either:

(a) deliver the Goods to the location set out in the Order or such other location as we may agree with you in writing (Delivery Location) once the Goods are ready to be dispatched; or

(b) if you inform us that you would prefer to collect the Goods, make the Goods available for collection from our Premises or such other location we may agree with you in writing (Collection Location) and you shall collect such Goods from the Collection Location within 30 (thirty) calendar days of us notifying you that the Goods are ready for collection.

5.2 The costs for delivering the Goods (if applicable) shall be communicated to you before you place your Order.

5.3 Delivery of the Goods shall be deemed to be completed: 

(a) on arrival of the Goods at the Delivery Location; or 

(b) when you collect the Goods at the Collection Location.

5.4 If you fail to take delivery of the Goods in accordance with clause 5.1, then, except where such failure or delay is caused by events outside our control (as under clause 11.9) or our failure to comply with our obligations under the Contract, then we will treat your Contract with us as cancelled and will refund you any sums you have paid to us under the Contract. 

If you are a Trader, the following clauses 5.5 – 5.13 shall apply:

5.5 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. 

5.6 We shall have no liability for any delay in delivery of the Goods or failure of performance caused by your failure to: 

(a) provide us (or our nominated courier) with adequate delivery instructions or other information relevant to the supply of the Goods; or

(b) arrange or pay any import fees, duties, tariffs and bank charges applicable to our provision of or your receipt of the Goods. 

5.7 If we fail to deliver the Goods, we may either (at our option): 

(a) supply replacement Goods to you; or

(b) refund you for the price of the Goods, 

and our liability to you in respect of any such failure to deliver shall be limited to such remedies.

5.8 We may deliver any Order for Goods in instalments which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

5.9 In the event that the Delivery Location is located within Northern Ireland, you acknowledge and agree that you shall at all times remain fully responsible for any customs clearance required in order to transport the relevant Goods onwards from the Delivery Location to any location within the Republic of Ireland.

5.10 The risk in the Goods shall pass to you on Delivery. Title to the Goods shall not pass to you until the earlier of:

(a) our receipt of payment in full (in cash or cleared funds) for the Goods; and 

(b) your resale of the Goods, in which case title to the Goods shall pass to you at the time specified in clause 5.12.

5.11 Until title to the Goods has passed to you pursuant to clause 5.10, you shall:

(a) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;

(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of Delivery;

(d) notify us immediately if you become subject to any of the events listed in clause 8.2(b)(iii) or clause 8.2(b)(iv); and

(e) give us such information relating to the Goods as we may require from time to time.

5.12 Subject to clause 5.13, you may resell or use the Goods in the ordinary course of its business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:

(a) you shall do so as principal and not as our agent; and

(b) title to the Goods shall pass from us to you immediately before the time of resale of the Goods. 

5.13 At any time before title to the Goods passes to you, we may:

(a) by notice in writing, terminate your right to resell the Goods or use them in the ordinary course of business; and

(b) require you to deliver up all Goods in your possession that have not been resold, or irreversibly incorporated into another item and if you fail to do so promptly, we may enter any of your premises or of any third party premises where the Goods are stored in order to recover them.

6. Defective Goods 

6.1 If you think there is something wrong with the Goods you have received, you must contact a member of our sales team by using the contact details set out in clauses 2.1(a) and 2.1(b). 

If you are a Consumer, the following clauses 6.2 and 6.3 shall apply:

6.2 We are committed to provide Goods that comply with Consumer Legislation. For example, the Consumer Rights Act 2015 states that all Goods must be as described, fit for purpose and of satisfactory quality during the expected lifespan of the Goods. For detailed information as to your rights under Consumer Legislation, please visit the Citizens Advice website www.citizensadvice.org.uk). 

6.3 During the expected lifespan of the Goods that you purchase, your legal rights under Consumer Legislation entitle you to the following:

(a) for up to 30 (thirty) days after your purchase, if the Goods are faulty, we will repair or replace the Goods or you can get a refund of the price of the Goods; or 

(b) for up to 6 (six) months after your purchase, if we are unable to repair or replace any Goods that are faulty, you can get a refund of the price of the Goods; and

(c) for up to 6 (six) years after your purchase, if the Goods do not last a reasonable length of time you may be entitled to some money back.

If you are a Trader, the following clauses 6.4 and 6.5 shall apply:

6.4 Subject to clause 6.5, if any of the Goods that you purchase don't comply with the Supplier Warranty, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full, provided that:

(a) you completed an inspection of the Goods within a reasonable period of time following Delivery (in any case within 24 (twenty-four) hours;

(b) you give us notice in writing within 24 (twenty-four) hours of discovery that the Goods don't comply with the Supplier Warranty;

(c) we are given a reasonable opportunity of examining the Goods; and

(d) you return the Goods to us.

The remedies under this clause 6.4 will be your only remedy for breach of the Supplier Warranty. The Supplier Warranty and the remedies available under this clause 6.4 shall also apply to any repaired or replacement Goods supplied to you by us. 

6.5 We will not be liable to you (and the remedies under clause 6.4 shall not be available to you) for defective Goods that don't comply with the Supplier Warranty, if:

(a) you were notified of a defect prior to purchase and still accepted the Goods; 

(b) you make any further use of the Goods after telling us such Goods are defective;

(c) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

(d) you alter or repair the Goods without our written consent; or

(e) the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

7. Your right to change your mind about your purchase  

If you are a Consumer, you have a legal right to change your mind about your purchase of Goods, subject to the following terms set out in this clause 7:

7.1 If you change your mind about a purchase of Goods and would like to cancel your Contract, you must let us know no later than 14 (fourteen) days after the day we deliver the Goods to you. If the Goods are part of a single Order but split into several deliveries over different days, the 14 (fourteen) day period runs from the day after the last delivery.

7.2 You cannot change your mind about a purchase of Goods if such Goods are:

(a) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or

(b) irreversibly incorporated with other items after their delivery. 

7.3 To let us know you want to change your mind, please contact a member of our sales team by using the contact details set out in clauses 2.1(a) and 2.1(b).    

7.4 You will have to return any Goods to us within 14 (fourteen) days of you telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you purchased the Goods. 

7.5 If you handle the Goods in a way which would not be acceptable in-store, we shall reduce your refund, to compensate us for its reduced value (e.g. we reduce your refund if the condition of the Goods is not "as new", price tags have been removed, the packaging is damaged or accessories are missing). In some cases, because of the way you have treated the Goods, no refund may be due. Our sales team can advise you on whether we're likely to reduce your refund – please contact them if you would like to discuss a refund with us.

7.6 For Goods that you are sending back to us, we refund you within 14 (fourteen) days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We will not charge a fee for the refund. We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

8. Ending the Contract 

8.1 Without affecting any other rights we have under these Conditions, we may end our Contract with you if:

(a) you don't make any payment to us when it's due and you still don't make payment within 14 (fourteen) days of our reminding you that payment is due;

(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Goods (e.g. details of the Delivery Location); or

(c) you don't, within a reasonable time, take Delivery of the Goods in accordance with clause 5.1.

If you are a Trader, the following clauses 8.2 - 8.4  shall apply:

8.2 Without affecting our other rights and remedies under these Conditions: 

(a) we may suspend the supply of Goods or all further deliveries of Goods under the Contract or any other contract between you and us if: (i) you fail to pay any amount due under the Contract on the due date for payment; (ii) you becomes subject to any of the events listed in clauses (b)(iii) or clause (b)(iv), or we reasonably believe that you are about to become subject to any such events; and

(b) we may end our Contract with you if: (i) you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 14 (fourteen) days after being notified to do so; or (ii) you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 14 (fourteen) days after being notified to do so; (iii) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986 or being an individual become the subject of a statutory demand, bankruptcy petition, application or order, or are deemed either unable to pay your debts or as having no reasonable prospect of doing so within the meaning of section 268 of the Insolvency Act 1986; or (iv) you suspend, or threaten to suspend, or ceases or threatens to cease to carry on all or a substantial part of your business.

8.3 Without affecting your other rights and remedies under these Conditions, you may end our Contract with you if we commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 30 (thirty) days after being notified to do so.

8.4 Termination or expiry of the Contract, however arising, shall not affect either yours or our rights and remedies that have accrued up until the point of termination or expiry.

9. Limitation of Liability

9.1 These Conditions don't 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; and for fraud or fraudulent misrepresentation.

If you are a Consumer, the following clause 9.2 shall apply to you:

9.2  We don't compensate you for all losses caused by our Goods. We are responsible to you for losses you suffer caused by us breaching our Contract with you unless the loss is:

(a) unexpected (e.g. it was not obvious that it would happen (so, in the law, the loss was unforeseeable);

(b) caused by a delaying or disrupting event outside of our control, as long as we have told you as soon as possible about the delay / disruption and taken steps to reduce the impact of the delay / disruption (e.g. failure of network services not controlled by us which impact our ability to supply Goods to you);

(c) avoidable (e.g. a loss you could have avoided by taking reasonable action); 

(d) a business loss - if you are a Consumer, we only supply Goods to you for domestic and private use and so if you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a Trader, clauses 9.3 - 9.5 below shall apply to you:

9.3 Subject to clause 9.1, we shall not be liable to you for any of the following types of loss:

(a) loss of profits;

(b) loss of sales or business, contracts or opportunity;

(c) loss of anticipated savings;

(d) loss of use or corruption of software, data or information;

(e) loss of or damage to goodwill or reputation; and

(f) any indirect or consequential loss. 

9.4 Subject to clauses 9.1 and 9.3, our total liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the greater of:

(a) £1,000 (one thousand pounds); and

(b) total sums paid or payable by you for the Goods under the Contract to which the liability relates.

9.5 Except as otherwise stated in these Conditions, and subject to 9.1, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by applicable law.

10. Complaints / Resolving disputes with us

10.1 Our sales team will do their best to resolve any problems you have with us or any Goods you purchase from us – please contact a member of our sales team by using the contact details set out in clauses 2.1(a) and 2.1(b). 

10.2 These terms are governed by English law. If you are a Consumer: (a) then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in; and (b) we can claim against you in the courts of the country you live in. If you are a Trader you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

11.Other important terms 

11.1 Other terms and conditions you try to include in the Contract. Unless we agree otherwise, these Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 

11.2 How we process personal data. We shall use any personal data that we collect in connection with our Contract with you in accordance with our privacy policy which can be found at www.cutwel.co.uk/privacy-policy. 

11.3 Protection of each other's information. Neither you or us shall use the other's Confidential Information for any purpose other than to exercise any rights and perform obligations under or in connection with the Contract. Neither you or us shall disclose any Confidential Information of the other to any other person except: (a) to employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the rights or carrying out obligations under or in connection with the Contract (and provided that such persons to which the information is disclosed comply with this clause 11.3); and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.4 Transfer of the Contract. We can transfer our Contract with you, so that a different organisation is responsible for supplying the Goods, however we'll contact you to let you know if we plan to do this. If you're a Consumer and you're unhappy with the transfer you can contact our sales (using the details set out at clause 10) to end the Contract within 14 (fourteen) days of us telling you about it and we will refund you any payments you've made in advance for Goods not provided. You can only transfer your Contract with us to someone else if we agree to this.

11.5 Changes to our Contract with you. We will not change the terms of our Contract with you unless we agree this in writing with you. 

11.6 Nobody else has any rights under the Contract. The Contract is between you and us. Nobody else can enforce it and neither of you or us will need to ask anybody else to sign-off on ending or changing it.

11.7 If a court invalidates some of the Contract, the rest of it will still apply. If a court or other authority decides that some of these Conditions are unlawful, the rest will continue to apply.

11.8 Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

11.9 Events outside our control may mean we cannot supply the Goods. If our supply of Goods is delayed by an event outside our control, such as a natural disaster that causes damage to our premises or adverse weather conditions that mean our couriers cannot deliver the Goods, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay. If you are a Consumer and the delay is likely to be substantial you can contact our Customer Service Team to end the Contract and receive a refund for any Goods you have paid for in advance, but not received. If you are a Trader and the delay continues for a period of 30 (thirty) days or more, you may terminate the Contract on 7 (seven) days' written notice to us. 

11.10 Some of these Conditions will survive termination or expiry of the Contract. Any Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

If you are a Trader, the following clauses 11.11 to 11.13 shall apply:

11.11 Assignment and other dealings. We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of our rights or obligations under the Contract. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.

11.12 Entire agreement. The Contract shall constitute the entire agreement between us and you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation based on any statement in these Conditions.

11.13 Notices. Any notice or other communication given by you or us to the other under or in connection with the Contract must be in writing and sent either: (a) by pre-paid first-class post or other next working day delivery service to recipients registered trading address; or (b) by email, to the email address communicated by the you in connection with the Order (or as otherwise agreed by you and us). Any notice given under these Conditions is deemed to have been received by the recipient: (a) if sent by pre-paid first-class post or other next working day delivery service, at 9:00am on the second Business Day after posting; or (b) if sent by email, at 9:00am the next Business Day after transmission.  The provisions of this clause 11.13 don't apply to notices given in legal proceedings or arbitration.

12. Definitions

12.1 In these terms and conditions, the following definitions apply: 

Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

Collection Location has the meaning given at clause 5.1(b);

Conditions these terms and conditions, as amended in from time to time in accordance with clause 11.5; 

Confidential Information any information of a confidential nature concerning the business, assets, affairs, customers, clients or suppliers of a person or of any member of its group (if a company), including information relating to that person's operations, processes, plans, product information, know-how, designs, trade secrets, software and market opportunities.

Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession (e.g. if you are a person purchasing Goods for personal use or use not connected with trade business); 

Contract the contract between you and us for the supply of Goods in accordance with these Conditions, as formed in accordance with 2.5;

Consumer Legislation means the Consumer Protection Act 1987, Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other legislation in force from time to time in which its primary purpose is to protect Consumers;

Delivery means the point at which delivery of the Goods is deemed to be completed as described in clause 5.3, and the terms Deliver and Delivered shall be construed accordingly;

Delivery Location has the meaning given at clause 5.1(a);

Description has the meaning given at clause 3.1;

Goods the goods (or any part of them) to be supplied to you by us further to you placing an Order that we accept;

Manufacturer Warranty has the meaning given at clause 3.3;

Order means an order for Goods placed by you in accordance with clause 2.1; 

Premises means our premises located at Unit A, Riverside Drive, Cleckheaton, England, BD19 4DH;

Supplier Warranty has the meaning given at clause 3.2; and

Trader means a person purchasing Goods for purposes relating to that person's trade, business, craft or profession (e.g. if you are a business purchasing Goods in connection with your trade).

12.2 In these Conditions, unless the context otherwise requires:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to you or us includes our personal representatives, successors and permitted assigns;

(c) a reference to a statute or statutory provision: (i) is a reference to such statute or statutory provision as amended or re-enacted; and (ii) includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; 

(d) any phrase introduced by the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(e) unless otherwise specified within these Conditions, a reference to "writing" or "written" includes e-mail.

Customer Terms & Conditions – Custom / Bespoke Products

1. Introduction 

We are Cutwel Limited, a company registered in England and Wales (company number 03202912, whose registered office is at Unit A Riverside Drive, Cleckheaton, West Yorkshire, BD19 4DH (we, us, our). 

Everything that our customers (you, your) need to know about us and our products can be found on our website www.cutwel.co.uk (our website), in our product catalogues and brochures or from our sales staff before you place an order. 

Please note, these terms and conditions:

• only apply to the purchase of custom / bespoke products (i.e. products that are customised or tailored to a customer's particular specifications or requirements) from us; 
• don't apply to any purchase of standard 'off-the-shelf' products or repair services (the terms and conditions for which can be found at www.cutwel.co.uk/terms-and-conditions); and
• include different terms that may apply to you depending on whether you are a Trader or a Consumer (both as defined in clause 12) – this is because Traders and Consumers have different legal rights – the different terms that apply to Traders and Consumers are indicated within these terms and conditions (where applicable) and where no such indication is made the relevant clause shall apply to both Traders and Consumers.  

These terms and conditions use defined terms which are referred to throughout – please see clause 12 which sets out the meanings of these defined terms and for assistance in interpreting these terms and conditions. 

If you have any questions surrounding these terms and conditions or your legal status as a Trader or a Consumer, please contact us by calling 0333 006 8513 or writing to sales@cutwel.net before making any purchase with us.

These terms and conditions were last updated on 28 February 2024.

2. Placing an Order / formation of the Contract

2.1 You can place an order for the purchase of Goods in accordance with the process set out in this clause 2.1:

(a) You must submit a request for the supply of Goods either: 

(i) via the enquiry form found on our website at www.cutwel.co.uk/special-tools;

(ii) by emailing us at specials@cutwel.net;

(iii) over the telephone by calling a member of our sales team (or calling one of our account managers directly); or 

(iv) by emailing our sales team at sales@cutwel.net (or emailing one of our account managers directly), 

and such request (Request) should include any product specifications, descriptions, drawings, plans or other information reasonably required to manufacture the Goods. 

(b) Within 10 (ten) Business Days of receipt of the Request, if necessary, we will contact you (either over the telephone or in writing) to clarify and make any changes to the Request that you request or that need to be made to allow for the manufacture of the Goods in accordance with your requests. 

(c) Within a further 10 (ten) Business Days of obtaining the relevant clarification, we will submit to you a quotation and product specification / drawing (Quotation Package) for your approval. 

(d) Your approval of the Quotation Package shall be deemed to have been given at the point you sign and return the documents within the Quotation Package to us (or otherwise communicate to us in writing that you approve the Quotation Package).

(e) If you are not happy with the information within Quotation Package, you should inform us of this and the process in clauses 2.1(b) and 2.1(c) above will then be repeated until no further amendments are required and you communicate your approval of the Quotation Package to us in accordance with clause 2.1(d). 

(f) The Quotation Package that you approve in accordance with clause 2.1(d) will be the Accepted Quotation and at the point you confirm your approval your Order will be deemed to have been placed. 

2.2 Each Order constitutes an offer by you to purchase the Goods in accordance with these Conditions. 

2.3 We shall only be deemed to have accepted your Order once we have issued you with a written order confirmation (Order Confirmation), at which point and on which date the Contract shall come into existence.

2.4 Prior to placing an Order, you must make sure that:

(a) the information and details that: (i) you submit to us within your Request; and (ii) we submit to you within the Quotation Package; are accurate; 

(b) any subsequent communications with us regarding your Order are accurate; and

(c) the import, ownership or use of the Goods by you is not prohibited by any applicable laws within the country the Goods will be used in or delivered to.

2.5 By placing an Order, you confirm that you are of the minimum age required to purchase any Goods within your Order that are age restricted.

2.6 In some circumstances, we may be unable to accept your Order and/or supply you with the Goods (e.g. because our nominated manufacturer of the Goods is no longer able to manufacture the Goods). If this happens, we will inform you of this either in person, by email or by phone and will refund you any sums you have paid.

2.7 Any drawings, descriptive matter, media or advertising produced by us and any descriptions or illustrations included on our website are produced for the sole purpose of giving you an approximate idea of any of our products referred to in them. They shall not form part of the Contract nor have any contractual force.

3. Goods

3.1 Without prejudice to clauses 6.4 and 6.5, we warrant that the Goods shall:

(a) conform in all material respects with the Specification; and

(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and 

(c) be fit for any purpose held out by us, during the expected lifespan of the Goods (Supplier Warranty). 

3.2 In addition to the warranties within clause 3.1, some of our Goods are also sold with an assurance or warranty from the relevant manufacturer of the Goods (Manufacturer Warranty).  Whilst we will use our reasonable efforts to make you aware of any Manufacturer Warranty that applies to your purchase of Goods (if any), we shall have no responsibility or liability to you under or in connection with such warranties and any questions or claims you have in connection with any Manufacturer Warranty should be made directly to the relevant manufacturer. 

4. Price and Payment

4.1 The price of the Goods will be as stated in the Accepted Quotation. You may be required to pay a deposit for your Order, as set out in the Accepted Quotation.

4.2 We shall invoice you for the price of the Goods on or at any time after you place your Order. You shall pay for the Goods in accordance with the payment terms stated in the Accepted Quotation. If no payment terms are stated in the Accepted Quotation, you shall pay each invoice within 30 (thirty) days of the last day of the month in which the relevant invoice was issued to you.

4.3 Unless otherwise stated, the price of Goods shall be in pounds sterling (£) and shall be exclusive of VAT. The price of Goods shall not include delivery costs which shall be communicated to you separately before you place an Order.

4.4 All payments for the Goods shall be made by you using any of the following payment methods: (a) BACS; (b) debit or credit card; or (c) bank transfer to the bank account nominated by us in writing. We will not accept cash or cheques as methods of payment.

If you are a Consumer, the following clauses 4.5 and 4.6 shall apply:

4.5 You will own the Goods once we have received payment in full.

4.6 If the rate of VAT changes between your order date and the date we supply the Goods, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

If you are a Trader, the following clauses 4.7 - 4.10 shall apply:

4.7 If you fail to make any payment you owe to us, we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.

4.8 You shall be liable to pay us any VAT that applies to your purchase of Goods (at the prevailing rate), subject to receipt of a valid VAT invoice. If the rate of VAT changes between the date you place your Order and the date of Delivery, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

4.9 Credit accounts.

(a) We may, acting in our sole discretion, offer a credit account to you upon request. Full details of our credit account eligibility criteria can be requested from our sales team. A credit account is not guaranteed even if you satisfy our credit account eligibility criteria, and we reserve the right to refuse to offer credit for any reason. We may amend our credit account eligibility criteria at any time. 

(b) Where we agree to open a credit account for you: (i) we shall issue you with a credit account summary and invoice you once per calendar month for the Goods supplied during that month; (ii) if your credit account exceeds the agreed credit limit, we may refuse to process or dispatch any Goods to you until the credit account balance has been cleared; (iii) we reserve the right to terminate your credit account at any time for any reason and you will settle any remaining balance of the credit account immediately should we decide to terminate your credit account; and (iv) and the provisions of clauses 4.7 and 4.8 shall apply to any amount due to by paid by you under your credit account. 

4.10 You must pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5. Delivery / Collection 

5.1We shall either:

(a) deliver the Goods to the location set out in the Order Confirmation or such other location as we may agree with you in writing (Delivery Location) once the Goods are ready to be dispatched; or

(b) (if you inform us that you would prefer to collect the Goods) make the Goods available for collection from our Premises or such other location we may agree with you in writing (Collection Location) and you shall collect such Goods from the Collection Location within 30 (thirty) calendar days of us notifying you that the Goods are ready for collection.

5.2 Delivery of the Goods shall be deemed to be completed: 

(a) on arrival of the Goods at the Delivery Location; or 

(b) when you collect the Goods at the Collection Location.

5.3 If you fail to take delivery of the Goods in accordance with clause 5.1, then, except where such failure or delay is caused by events outside our control (as under clause 11.9) or our failure to comply with our obligations under the Contract, as the Goods are manufactured to your requested specifications then we will dispose of the Goods or resell the Goods and you will not be entitled to a refund of any sums you have paid to us under the Contract. 

If you are a Trader, the following clauses 5.4 – 5.12 shall apply:

5.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. 

5.5 We shall have no liability for any delay in delivery of the Goods or failure of performance caused by your failure to: 

(a) provide us (or our nominated courier) with adequate delivery instructions or other information relevant to the supply of the Goods; or 

(b) arrange or pay any import fees, duties, tariffs and bank charges applicable to our provision of or your receipt of the Goods. 

5.6 If we fail to deliver the Goods, we may either (at our option): 

(a) supply replacement Goods to you; or

(b) refund you for the price of the Goods,  and our liability to you in respect of any such failure to deliver shall be limited to such remedies.

5.7 We may deliver any Order for Goods in instalments which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

5.8 In the event that the Delivery Location is located within Northern Ireland, you acknowledge and agree that you shall at all times remain fully responsible for any customs clearance required in order to transport the relevant Goods onwards from the Delivery Location to any location within the Republic of Ireland.

5.9 The risk in the Goods shall pass to you on Delivery. Title to the Goods shall not pass to you until the earlier of:

(a) our receipt of payment in full (in cash or cleared funds) for the Goods; and 

(b) your resale of the Goods, in which case title to the Goods shall pass to you at the time specified in clause 5.11.

5.10 Until title to the Goods has passed to you pursuant to clause 5.9, you shall:

(a) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;

(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of Delivery;

(d) notify us immediately if you become subject to any of the events listed in clause 8.2(b)(iii) or clause 8.2(b)(iv); and

(e) give us such information relating to the Goods as we may require from time to time.

5.11Subject to clause 5.12, you may resell or use the Goods in the ordinary course of its business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:

(a) you shall do so as principal and not as our agent; and

(b) title to the Goods shall pass from us to you immediately before the time of resale of the Goods.

5.12 At any time before title to the Goods passes to you, we may:

(a) by notice in writing, terminate your right to resell the Goods or use them in the ordinary course of business; and

(b) require you to deliver up all Goods in your possession that have not been resold, or irreversibly incorporated into another item and if you fail to do so promptly, we may enter any of your premises or of any third party premises where the Goods are stored in order to recover them.

6. Defective Goods

6.1 If you think there is something wrong with the Goods you have received, you must contact a member of our sales team by using the contact details set out in clause 2.1(a). 

If you are a Consumer, the following clauses 6.2 and 6.3 shall apply:

6.2 We are committed to provide Goods that comply with Consumer Legislation. For example, the Consumer Rights Act 2015 states that all Goods must be as described, fit for purpose and of satisfactory quality during the expected lifespan of the Goods. For detailed information as to your rights under Consumer Legislation, please visit the Citizens Advice website www.citizensadvice.org.uk). 

6.3 During the expected lifespan of the Goods that you purchase, your legal rights under Consumer Legislation entitle you to the following:

(a) for up to 30 (thirty) days after your purchase, if the Goods are faulty, we will repair or replace the Goods or you can get a refund of the price of the Goods; or 

(b) for up to 6 (six) months after your purchase, if we are unable to repair or replace any Goods that are faulty, you can get a refund of the price of the Goods; and

(c) for up to 6 (six) years after your purchase, if the Goods do not last a reasonable length of time you may be entitled to some money back.

If you are a Trader, the following clauses 6.4 and 6.5 shall apply:

6.4 Subject to clause 6.5, if any of the Goods that you purchase don't comply with the Supplier Warranty, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full, provided that:

(a) you completed an inspection of the Goods within a reasonable period of time following Delivery (in any case within 24 (twenty-four) hours;

(b) you give us notice in writing within 24 (twenty-four) hours of discovery that the Goods don't comply with the Supplier Warranty;

(c) we are given a reasonable opportunity of examining the Goods; and

(d) you return the Goods to us.

The remedies under this clause 6.4 will be your only remedy for breach of the Supplier Warranty. The Supplier Warranty and the remedies available under this clause 6.4 shall also apply to any repaired or replacement Goods supplied to you by us. 

6.5 We will not be liable to you (and the remedies under clause 6.4 shall not be available to you) for defective Goods that don't comply with the Supplier Warranty, if:

(a) you were notified of a defect prior to purchase and still accepted the Goods; 

(b) you make any further use of the Goods after telling us such Goods are defective;

(c) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

(d) the defect would not have arisen but for us complying with a particular specification requirement that you requested to be included within the Specification; 

(e) you alter or repair the Goods without our written consent; or

(f) the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

7. Your right to change your mind about your purchase  

7.1 You do not have a legal right to change your mind about your Order for Goods as they are bespoke and made to your requested specifications. 

7.2 If you would like to cancel your Order, please contact a member of our sales team as soon as possible by using the contact details set out in clause 2.1(a) and if the process of manufacturing the Goods has not started, we may be able to cancel your Contract and provide you with a refund. Please note that even where we are able to offer you a refund, such refund may be reduced to reflect any costs we have incurred in dealing with your Order from the date we accepted your Order to the date of your request to cancel the Order.   

8. Ending the Contract 

8.1 Without affecting any other rights we have under these Conditions, we may end our Contract with you if:

(a) you don't make any payment to us when it's due and you still don't make payment within 14 (fourteen) days of our reminding you that payment is due;

(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Goods (e.g. details of the Delivery Location); or

(c) you don't, within a reasonable time, take Delivery of the Goods in accordance with clause 5.1.

If you are a Trader, the following clauses 8.2 - 8.4  shall apply:

8.2 Without affecting our other rights and remedies under these Conditions: 

(a) we may suspend the supply of Goods or all further deliveries of Goods under the Contract or any other contract between you and us if: (i) you fail to pay any amount due under the Contract on the due date for payment; (ii) you becomes subject to any of the events listed in clauses 8.2(b)(iii) or clause 8.2(b)(iv), or we reasonably believe that you are about to become subject to any such events; and

(b) we may end our Contract with you if: (i) you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 14 (fourteen) days after being notified to do so; or (ii) you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 14 (fourteen) days after being notified to do so; (iii) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986 or being an individual become the subject of a statutory demand, bankruptcy petition, application or order, or are deemed either unable to pay your debts or as having no reasonable prospect of doing so within the meaning of section 268 of the Insolvency Act 1986; or (iv) you suspend, or threaten to suspend, or ceases or threatens to cease to carry on all or a substantial part of your business.

8.3 Without affecting your other rights and remedies under these Conditions, you may end our Contract with you if we commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 30 (thirty) days after being notified to do so.

8.4 Termination or expiry of the Contract, however arising, shall not affect either yours or our rights and remedies that have accrued up until the point of termination or expiry.

9. Limitation of Liability

9.1 These Conditions don't 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; and for fraud or fraudulent misrepresentation.

If you are a Consumer, the following clause 9.2 shall apply to you:

9.2 We don't compensate you for all losses caused by our Goods. We are responsible to you for losses you suffer caused by us breaching our Contract with you unless the loss is:

(a) unexpected (e.g. it was not obvious that it would happen (so, in the law, the loss was unforeseeable);

(b) caused by a delaying or disrupting event outside of our control, as long as we have told you as soon as possible about the delay / disruption and taken steps to reduce the impact of the delay / disruption (e.g. failure of network services not controlled by us which impact our ability to supply Goods to you);

(c) avoidable (e.g. a loss you could have avoided by taking reasonable action); 

(d) a business loss - if you are a Consumer, we only supply Goods to you for domestic and private use and so if you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a Trader, clauses 9.3 - 9.6 below shall apply to you:

9.3 Subject to clause 9.1, we shall not be liable to you for any of the following types of loss:

(a) loss of profits;

(b) loss of sales or business, contracts or opportunity;

(c) loss of anticipated savings;

(d) loss of use or corruption of software, data or information;

(e) loss of or damage to goodwill or reputation; and

(f) any indirect or consequential loss. 

9.4 Subject to clauses 9.1 and 9.3, our total liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the greater of:

(a) £1,000 (one thousand pounds); and

(b) total sums paid or payable by you for the Goods under the Contract to which the liability relates.

9.5 Except as otherwise stated in these Conditions, and subject to 9.1, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by applicable law.

9.6 You indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use of your specifications, drawings and any other details provided by you forming part of the Specification. 

10. Complaints / Resolving disputes with us

10.1 Our sales team will do their best to resolve any problems you have with us or any Goods you purchase from us – please contact a member of our sales team by using the contact details set out in clause 2.1(a). 

10.2 These terms are governed by English law. If you are a Consumer: (a) then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in; and (b) we can claim against you in the courts of the country you live in. If you are a Trader you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

11. Other important terms 

11.1 Other terms and conditions you try to include in the Contract. Unless we agree otherwise, these Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 

11.2 How we process personal data. We shall use any personal data that we collect in connection with our Contract with you in accordance with our privacy policy which can be found at www.cutwel.co.uk/privacy-policy. 

11.3 Protection of each other's information. Neither you or us shall use the other's Confidential Information for any purpose other than to exercise any rights and perform obligations under or in connection with the Contract. Neither you or us shall disclose any Confidential Information of the other to any other person except: (a) to employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the rights or carrying out obligations under or in connection with the Contract (and provided that such persons to which the information is disclosed comply with this clause 11.3); and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.4 Transfer of the Contract. We can transfer our Contract with you, so that a different organisation is responsible for supplying the Goods, however we'll contact you to let you know if we plan to do this. If you're a Consumer and you're unhappy with the transfer you can contact our sales (using the details set out at clause 2.1(a)) to end the Contract within 14 (fourteen) days of us telling you about it and we will refund you any payments you've made in advance for Goods not provided. You can only transfer your Contract with us to someone else if we agree to this.

11.5 Changes to our Contract with you. We will not change the terms of our Contract with you unless we agree this in writing with you. 

11.6 Nobody else has any rights under the Contract. The Contract is between you and us. Nobody else can enforce it and neither of you or us will need to ask anybody else to sign-off on ending or changing it.

11.7 If a court invalidates some of the Contract, the rest of it will still apply. If a court or other authority decides that some of these Conditions are unlawful, the rest will continue to apply.

11.8 Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

11.9 Events outside our control may mean we cannot supply the Goods. If our supply of Goods is delayed by an event outside our control, such as a natural disaster that causes damage to our premises or adverse weather conditions that mean our couriers cannot deliver the Goods, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay. If you are a Consumer and the delay is likely to be substantial you can contact our sales team to end the Contract and receive a refund for any Goods you have paid for in advance, but not received. If you are a Trader and the delay continues for a period of 30 (thirty) days or more, you may terminate the Contract on 7 (seven) days' written notice to us. 

11.10 Some of these Conditions will survive termination or expiry of the Contract. Any Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

If you are a Trader, the following clauses 11.11 to 11.13 shall apply:

11.11 Assignment and other dealings. We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of our rights or obligations under the Contract. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.

11.12 Entire agreement. The Contract shall constitute the entire agreement between us and you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation based on any statement in these Conditions.

11.13 Notices. Any notice or other communication given by you or us to the other under or in connection with the Contract must be in writing and sent either: (a) by pre-paid first-class post or other next working day delivery service to recipients registered trading address; or (b) by email, to the email address communicated by the you in connection with the Order (or as otherwise agreed by you and us). Any notice given under these Conditions is deemed to have been received by the recipient: (a) if sent by pre-paid first-class post or other next working day delivery service, at 9:00am on the second Business Day after posting; or (b) if sent by email, at 9:00am the next Business Day after transmission.  The provisions of this clause 11.13 don't apply to notices given in legal proceedings or arbitration.

12. Definitions

12.1 In these terms and conditions, the following definitions apply: 

Accepted Quotation has the meaning given at clause 2.1(f);

Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

Collection Location has the meaning given at clause 5.1(b);

Conditions these terms and conditions, as amended in from time to time in accordance with clause 11.5; 

Confidential Information any information of a confidential nature concerning the business, assets, affairs, customers, clients or suppliers of a person or of any member of its group (if a company), including information relating to that person's operations, processes, plans, product information, know-how, designs, trade secrets, software and market opportunities.

Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession (e.g. if you are a person purchasing Goods for personal use or use not connected with trade business); 

Contract the contract between you and us for the supply of Goods in accordance with these Conditions, as formed in accordance with 2.3;

Consumer Legislation means the Consumer Protection Act 1987, Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other legislation in force from time to time in which its primary purpose is to protect Consumers;

Delivery means the point at which delivery of the Goods is deemed to be completed as described in clauses 5.2, and the terms Deliver and Delivered shall be construed accordingly;

Delivery Location has the meaning given at clause 5.1(a);

Goods the bespoke/customised goods (or any part of them) to be supplied to you by us further to you placing an Order that we accept;

Manufacturer Warranty has the meaning given at clause 3.2;

Order means an order for Goods placed by you in accordance with clause 2.1; 

Order Confirmation has the meaning given at clause 2.3;

Premises means our premises located at Unit A, Riverside Drive, Cleckheaton, England, BD19 4DH;

Quotation Package has the meaning given at clause 2.1(c);

Request has the meaning given at clause 2.1(a);

Specification means the specification, descriptions and drawings of the Goods as set out in the Accepted Quotation;

Supplier Warranty has the meaning given at clause 3.1; and

Trader means a person purchasing Goods for purposes relating to that person's trade, business, craft or profession (e.g. if you are a business purchasing Goods in connection with your trade).

12.2 In these Conditions, unless the context otherwise requires:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to you or us includes our personal representatives, successors and permitted assigns;

(c) a reference to a statute or statutory provision: (i) is a reference to such statute or statutory provision as amended or re-enacted; and (ii) includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; 

(d) any phrase introduced by the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(e) unless otherwise specified within these Conditions, a reference to "writing" or "written" includes e-mail.

Customer Terms & Conditions – Repair Services

1.Introduction 

We are Cutwel Limited, a company registered in England and Wales (company number 03202912, whose registered office is at Unit A Riverside Drive, Cleckheaton, West Yorkshire, BD19 4DH (we, us, our). 

Everything that our customers (you, your) need to know about us can be found on our website www.cutwel.co.uk (our website), in our product catalogues and brochures or from our sales staff before you place an order. 

Please note, these terms and conditions:

• only apply to the purchase of repair services from us (i.e. us repairing existing products that you own); 
• don't apply to any purchase of products (the terms and conditions for which can be found at www.cutwel.co.uk/terms-and-conditions); and
• include different terms that may apply to you depending on whether you are a Trader or a Consumer (both as defined in clause 12) – this is because Traders and Consumers have different legal rights – the different terms that apply to Traders and Consumers are indicated within these terms and conditions (where applicable) and where no such indication is made the relevant clause shall apply to both Traders and Consumers.  

These terms and conditions use defined terms which are referred to throughout – please see clause 12 which sets out the meanings of these defined terms and for assistance in interpreting these terms and conditions. 

If you have any questions surrounding these terms and conditions or your legal status as a Trader or a Consumer, please contact us by calling 0333 006 8513 or writing to sales@cutwel.net before making any purchase with us.

These terms and conditions were last updated on 28 February 2024.

2. Placing an Order / formation of the Contract(s) 

Stage 1 (Request for Services)

2.1 You can place an order for the purchase of Services in accordance with the process set out in this clause 2:

(a) You must submit a request for the supply of Services either: 

(i) over the telephone by calling a member of our sales team (or calling one of our account managers directly); or 

(ii) by emailing our sales team at sales@cutwel.net (or emailing one of our account managers directly), and such request (Request) should include details of the Product(s) to be repaired (including any product specifications, the age and condition of the Product(s) and the model / serial number of the Product(s)), photos of the Product(s), details of the repair services you would like to be completed, the current location of the Product(s) and any other information reasonably required for the Services to be performed.

2.2 Within 10 (ten) Business Days of receipt of the Request, we shall contact you (either over the telephone or in writing) to request any further information that we require to process your request.

Stage 2 (Inspection)

2.3  For us to be able to confirm that we are able to perform the repair services in accordance with your Request, an inspection of the Product(s) will need to be completed by us and the relevant third party repair service provider (Repairer). Therefore, once we have all the information we need from you, if we think we can perform the services requested, we will submit to you a quotation to inspect the Product(s) (Inspection Quotation) for your approval, which will cover the shipping of the Product(s) to the Repairer and the inspection of the Product(s) (Inspection Services). The Inspection Quotation will include details of the fees you are required to pay to us for the transport of the Product(s) by us to the Repairer, the inspection of the Product(s) and the return of the Product(s) to you (Inspection Fee). 

2.4 Your approval of the Inspection Quotation will be deemed to have been given to us at the point you sign and return the Inspection Quotation to us (or otherwise communicate to us in writing that you approve the Inspection Quotation). At the point you approve the Inspection Quotation, a Contract between you and us for the performance of Inspection Services shall be deemed to have come into existence, and we will raise a purchase order with you for the Inspection Fee. 

2.5 Following this, on our receipt of possession of the Product(s) and once you have paid the Inspection Fee in full, we will carry out the Inspection Services. 

Stage 3 (Repair)

2.6 Once the Inspection Services are complete:

(a) if we are unable to repair the Product(s), we will let you know, and we will return the Product(s) to you as soon as reasonably practicable (in accordance with clause 4.2); or

(b) if we are able to repair the Product(s), we will submit to you a further quotation (Repair Quotation) for your approval which will cover the performance of the repair services in respect of the Product(s) (Repair Services) and the corresponding fees. 

2.7 If you do not wish to approve the Repair Quotation, please let us know as soon as possible and we will discuss this with you and return the Product(s) to you at your request (in accordance with clause 4.2).  

2.8 If you do wish to approve the Repair Quotation, your approval will be deemed to have been given at the point you sign and return the Repair Quotation to us (or otherwise communicate to us in writing that you approve the Repair Quotation). At the point you approve the Repair Quotation, a Contract between you and us for the performance of Repair Services shall be deemed to have come into existence.

2.9 Prior to making a Request or accepting the Inspection Quotation and/or Repair Quotation, you must make sure that: 

(a) the information and details that: (i) you submit to us within your Request; and (ii) we submit to you within any Quotation; are accurate; and 

(b) any subsequent communications with us regarding the Services are accurate.

2.10 By making a Request, you confirm that you are of the minimum age required to purchase any Services that are age restricted. 

2.11 In some circumstances, we may be unable to supply you with the Services (e.g. because the Repairer is no longer able to perform the Services). If this happens, we will inform you of this either in person, by email or by phone and will refund you any sums you have paid.

3. Services

3.1 Without prejudice to clause 6.3, we warrant that the Services shall be performed:

(a) materially in accordance with the Specification; and

(b) with reasonable care and skill,

 (Supplier Warranty). 

3.2 In addition to the warranties within clause 3.1, some of our Services are also sold with an assurance or warranty from the relevant manufacturer of the Services (Manufacturer Warranty).  Whilst we will use our reasonable efforts to make you aware of any Manufacturer Warranty that applies to your purchase of Services (if any), we shall have no responsibility or liability to you under or in connection with such warranties and any questions or claims you have in connection with any Manufacturer Warranty should be made directly to the relevant manufacturer.

4. Delivery / Collection of the Product(s)

Receiving the Product(s) from you 

4.1 Unless we otherwise agree with you in writing, you will be responsible for shipping the Product(s) to us at our Premises in accordance with our instructions, so that we can carry out the Inspection Services. 

Returning the Product(s) to you 

4.2  Following completion of the Services, we shall either:

(a) organise for the delivery of the Products to the location we agree with you in writing (Return Delivery Location) once the Services are complete and the Product(s) are ready to be dispatched; or

(b) (if you inform us that you would prefer to collect the Product(s) from us) make the Product(s) available for collection from our Premises or such other location we may agree with you in writing (Return Collection Location) and you shall collect such Product(s) from the Return Collection Location within 30 (thirty) calendar days of us notifying you that the Services are complete and the Product(s) are ready for collection.

4.3 Any dates agreed for delivery or collection are approximate only, and the time of delivery is not of the essence. 

4.4 We shall have no liability for any delay in delivery of the Products or failure of performance caused by your failure to: 

(a) provide us (or our nominated courier) with adequate delivery instructions or other information relevant to the delivery or collection of the Products; or 

(b) arrange or pay any import fees, duties, tariffs and bank charges applicable to our collection of or your receipt of the Products. 

4.5 The risk in the Products shall pass to us once we are in physical possession of the Products and shall remain with us until the Products arrive at the Return Delivery Location or are made available to you for collection at the Return Collection Location.  The title to the Products shall remain with you at all times. 

5. Price and Payment

5.1 The price of the Services will be as stated in the relevant Quotation that you have approved.

5.2 We shall invoice you for the price of the Services on or at any time after you approve the relevant Quotation. You shall pay for the Services in accordance with the payment terms stated in the approved Quotation. If no payment terms are stated in the relevant Quotation, you shall pay each invoice within 30 (thirty) days of the last day of the month in which the relevant invoice was issued to you.

5.3 Unless otherwise stated, the price of Services shall be in pounds sterling (£) and shall be exclusive of VAT. The price of Services shall not include delivery costs which shall be communicated to you separately before you approve the relevant Quotation.

5.4 All payments for the Services shall be made by you using any of the following payment methods: (a) BACS; (b) debit or credit card; or (c) bank transfer to the bank account nominated by us in writing. We will not accept cash or cheques as methods of payment.

If you are a Consumer, the following clause 5.5 shall apply:

5.5 If the rate of VAT changes between the date you approve the Quotation and the date we supply the Services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

If you are a Trader, the following clauses 5.6 - 5.9 shall apply:

5.6 You shall be liable to pay us any VAT that applies to your purchase of Services (at the prevailing rate), subject to your receipt of a valid VAT invoice.

5.7 If you fail to make any payment you owe to us, we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.

5.8 Credit accounts.

(a) We may, acting in our sole discretion, offer a credit account to you upon request. Full details of our credit account eligibility criteria can be requested from our sales team. A credit account is not guaranteed even if you satisfy our credit account eligibility criteria, and we reserve the right to refuse to offer credit for any reason. We may amend our credit account eligibility criteria at any time. 

(b) Where we agree to open a credit account for you: (i) we shall issue you with a credit account summary and invoice you once per calendar month for the Services supplied during that month; (ii) if your credit account exceeds the agreed credit limit, we may refuse to process or dispatch any Services to you until the credit account balance has been cleared; (iii) we reserve the right to terminate your credit account at any time for any reason and you will settle any remaining balance of the credit account immediately should we decide to terminate your credit account; and (iv) and the provisions of clauses 5.6 and 5.7 shall apply to any amount due to by paid by you under your credit account.

5.9 You must pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. Defective Services 

6.1 If you think there is something wrong with the Services you have received, you must contact a member of our sales team by using the contact details set out in clause 2.1(a). 

If you are a Consumer, the following clause 6.2 shall apply:

6.2 We are committed to provide Services that comply with Consumer Legislation. For example, in relation to the Services, the Consumer Rights Act 2015 says:

(a) you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or receive some money back if we are unable to fix the issue;

(b) if a price hasn't been agreed upfront, what you're asked to pay must be reasonable; or

(c) if a time hasn't been agreed upfront, it must be carried out within a reasonable time.

For detailed information as to your rights under Consumer Legislation, please visit the Citizens Advice website www.citizensadvice.org.uk). 

If you are a Trader, the following clause 6.3 shall apply:

6.3 If any of the Services that you purchase don't comply with the Supplier Warranty, we shall, at our option re-perform the Services or refund the price of the defective Services in full, provided that you notify us within 5 (five) Business Days of the day that you became aware (or ought to have become aware) of the Services failing to comply with the Supplier Warranty. This notice must be made to us in writing and include reasonable details of why you believe the Services received do not comply with the Supplier Warranty. The remedies under this clause 6.3 will be your only remedy for breach of the Supplier Warranty. The Supplier Warranty and the remedies available under this clause 6.3 shall also apply to any re-performed Services supplied to you by us. 

7 Your right to change your mind about your purchase  

If you are a Consumer, you have a legal right to change your mind about your purchase of Services, subject to the following terms set out in this clause 7:

7.1 If you change your mind about a purchase of Services and would like to cancel your Contract (whether for Inspection Services and/or Repair Services), you must let us know no later than 14 (fourteen) days after the date you approve the Quotation to which the Services relate. 

7.2 You cannot change your mind about a purchase of Services if the Services have been completed (and you must pay for any part of the Services provided up until the time you cancel). 

7.3 To let us know you want to change your mind, please contact a member of our sales team by using the contact details set out in clause 2.1(a).    

7.4 If you change your mind and have a right to cancel, we will refund you any amounts you are entitled to within 14 (fourteen) days of you telling us that you have changed your mind. We refund you by the method you used for payment.

8. Ending the Contract 

8.1 Without affecting any other rights we have under these Conditions, we may end our Contract (whether for Inspection Services and/or Repair Services) with you if:

(a) you don't make any payment to us when it's due and you still don't make payment within 14 (fourteen) days of our reminding you that payment is due; or

(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services (e.g. failing to ship the Product(s) to us).

If you are a Trader, the following clauses 8.2 - 8.4  shall apply:

8.2 Without affecting our other rights and remedies under these Conditions: 

(a) we may suspend the supply of Services under the Contract or any other contract between you and us if: (i) you fail to pay any amount due under the Contract on the due date for payment; (ii) you becomes subject to any of the events listed in clauses 8.2(b)(iii) or clause 8.2(b)(iv), or we reasonably believe that you are about to become subject to any such events; and

(b) we may end our Contract with you if: (i) you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 14 (fourteen) days after being notified to do so; or (ii) you commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 14 (fourteen) days after being notified to do so; (iii) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986 or being an individual become the subject of a statutory demand, bankruptcy petition, application or order, or are deemed either unable to pay your debts or as having no reasonable prospect of doing so within the meaning of section 268 of the Insolvency Act 1986; or (iv) you suspend, or threaten to suspend, or ceases or threatens to cease to carry on all or a substantial part of your business.

8.3 Without affecting your other rights and remedies under these Conditions, you may end our Contract with you if we commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach within a period of 30 (thirty) days after being notified to do so.

8.4 Termination or expiry of the Contract, however arising, shall not affect either yours or our rights and remedies that have accrued up until the point of termination or expiry.

9. Limitation of Liability

9.1 These Conditions don't 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; and for fraud or fraudulent misrepresentation.

If you are a Consumer, the following clause 9.2 shall apply to you:

9.2 We don't compensate you for all losses caused by our Services. We are responsible to you for losses you suffer caused by us breaching our Contract with you unless the loss is:

(a) unexpected (e.g. it was not obvious that it would happen (so, in the law, the loss was unforeseeable));

(b)  caused by a delaying or disrupting event outside of our control, as long as we have told you as soon as possible about the delay / disruption and taken steps to reduce the impact of the delay / disruption (e.g. failure of network services not controlled by us which impact our ability to supply Services to you);

(c) avoidable (e.g. a loss you could have avoided by taking reasonable action); or

(d) a business loss - if you are a Consumer, we only supply Services to you for domestic and private use and so if you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a Trader, clauses 9.3 - 9.6 below shall apply to you:

9.3 Subject to clause 9.1, we shall not be liable to you for any of the following types of loss:

(a) loss of profits;

(b) loss of sales or business, contracts or opportunity;

(c) loss of anticipated savings;

(d) loss of use or corruption of software, data or information;

(e) loss of or damage to goodwill or reputation; and

(f) any indirect or consequential loss. 

9.4 Subject to clauses 9.1 and 9.3, our total liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the greater of:

(a) £1,000 (one thousand pounds); and

(b) total sums paid or payable by you for the Services under the Contract to which the liability relates.

9.5 Except as otherwise stated in these Conditions, and subject to 9.1, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by applicable law.

9.6 You indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's rights (including intellectual property rights) arising out of or in connection with our use of the specifications, drawings and any other details provided by you forming part of the Specification.

10. Complaints / Resolving disputes with us

10.1 Our sales team will do their best to resolve any problems you have with us or any Services you purchase from us – please contact a member of our sales team by using the contact details set out in clauses 2.1(a). 

10.2 These terms are governed by English law. If you are a Consumer: (a) then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in; and (b) we can claim against you in the courts of the country you live in. If you are a Trader you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

11. Other important terms 

11.1 Other terms and conditions you try to include in the Contract. Unless we agree otherwise, these Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 

11.2 How we process personal data. We shall use any personal data that we collect in connection with our Contract with you in accordance with our privacy policy which can be found at www.cutwel.co.uk/privacy-policy. 

11.3 Protection of each other's information. Neither you or us shall use the other's Confidential Information for any purpose other than to exercise any rights and perform obligations under or in connection with the Contract. Neither you or us shall disclose any Confidential Information of the other to any other person except: (a) to employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the rights or carrying out obligations under or in connection with the Contract (and provided that such persons to which the information is disclosed comply with this clause 11.3); and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.4 Transfer of the Contract. We can transfer our Contract with you, so that a different organisation is responsible for supplying the Services, however we'll contact you to let you know if we plan to do this. If you're a Consumer and you're unhappy with the transfer you can contact our sales (using the details set out at clause 2.1(a)) to end the Contract within 14 (fourteen) days of us telling you about it and we will refund you any payments you've made in advance for Services not provided. You can only transfer your Contract with us to someone else if we agree to this.

11.5 Changes to our Contract with you. We will not change the terms of our Contract with you unless we agree this in writing with you. 

11.6 Nobody else has any rights under the Contract. The Contract is between you and us. Nobody else can enforce it and neither of you or us will need to ask anybody else to sign-off on ending or changing it.

11.7 If a court invalidates some of the Contract, the rest of it will still apply. If a court or other authority decides that some of these Conditions are unlawful, the rest will continue to apply.

11.8 Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

11.9 Events outside our control may mean we cannot supply the Services. If our supply of Services is delayed by an event outside our control, such as a natural disaster that causes damage to our premises or adverse weather conditions that mean our couriers cannot deliver the Products, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay. If you are a Consumer and the delay is likely to be substantial you can contact our sales team to end the Contract and receive a refund for any Services you have paid for in advance, but not received. If you are a Trader and the delay continues for a period of 30 (thirty) days or more, you may terminate the Contract on 7 (seven) days' written notice to us. 

11.10 Some of these Conditions will survive termination or expiry of the Contract. Any Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

If you are a Trader, the following clauses 11.11 to 11.13 shall apply:

11.11 Assignment and other dealings. We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of our rights or obligations under the Contract. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.

11.12 Entire agreement. The Contract shall constitute the entire agreement between us and you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation based on any statement in these Conditions.

11.13 Notices. Any notice or other communication given by you or us to the other under or in connection with the Contract must be in writing and sent either: (a) by pre-paid first-class post or other next working day delivery service to recipients registered trading address; or (b) by email, to the email address communicated by the you in connection with the relevant Quotation (or as otherwise agreed by you and us). Any notice given under these Conditions is deemed to have been received by the recipient: (a) if sent by pre-paid first-class post or other next working day delivery service, at 9:00am on the second Business Day after posting; or (b) if sent by email, at 9:00am the next Business Day after transmission.  The provisions of this clause 11.13 don't apply to notices given in legal proceedings or arbitration.

12. Definitions

12.1 In these terms and conditions, the following definitions apply: 

Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

Conditions these terms and conditions, as amended in from time to time in accordance with clause 11.5; 

Confidential Information any information of a confidential nature concerning the business, assets, affairs, customers, clients or suppliers of a person or of any member of its group (if a company), including information relating to that person's operations, processes, plans, product information, know-how, designs, trade secrets, software and market opportunities.

Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession (e.g. if you are a person purchasing Services for personal use or use not connected with trade business); 

Contract the contract between you and us for either: (i) provision of the Inspection Services in accordance with these Conditions, as formed in accordance with clause 2.4; and/or (ii) provision of the Repair Services in accordance with these Conditions, as formed in accordance with clause 2.8;

Consumer Legislation means the Consumer Protection Act 1987, Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other legislation in force from time to time in which its primary purpose is to protect Consumers;

Inspection Fee has the meaning given at clause 2.3;

Inspection Quotation has the meaning given at clause 2.3;

Inspection Services has the meaning given at clause 2.3;

Manufacturer Warranty has the meaning given at clause 3.2;

Premises means our premises located at Unit A, Riverside Drive, Cleckheaton, England, BD19 4DH;

Product the product(s) (or any part of them) that you provide to us in relation to which the Services will be performed;

Quotation means the Inspection Quotation and/or Repair Quotation (as applicable);

Repair Quotation has the meaning given at clause 2.6;

Repair Services has the meaning given at clause 2.6;

Repairer has the meaning given at clause 2.3;

Request has the meaning given at clause 2.1(a);

Return Collection Location has the meaning given at clause 4.2(b);

Return Delivery Location has the meaning given at clause 4.2(a);

Services means the Inspection Services, Repair Services and any other services performed in relation to the Products in accordance with any Quotation that you approve in accordance with these Conditions;

Specification means the specification and description of any Services, as set out in any Quotation that you approve in accordance with these Conditions;

Supplier Warranty has the meaning given at clause 3.1; and

Trader means a person purchasing Services for purposes relating to that person's trade, business, craft or profession (e.g. if you are a business purchasing Services in connection with your trade).

12.2 In these Conditions, unless the context otherwise requires:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to you or us includes our personal representatives, successors and permitted assigns;

(c) a reference to a statute or statutory provision: (i) is a reference to such statute or statutory provision as amended or re-enacted; and (ii) includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; 

(d) any phrase introduced by the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(e) unless otherwise specified within these Conditions, a reference to "writing" or "written" includes e-mail.