Terms & Conditions

Walker Scott Ltd.

Terms and Conditions of Website

Introduction

Welcome to Walker Scott! These terms and conditions outline the rules and regulations for the use of our website, located at [insert website URL].

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Walker Scott if you do not agree to all of the terms and conditions stated on this page.

License

Unless otherwise stated, Walker Scott and/or its licensors own the intellectual property rights for all material on Walker Scott. All intellectual property rights are reserved. You may access this from Walker Scott for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from Walker Scott
Sell, rent, or sub-license material from Walker Scott
Reproduce, duplicate, or copy material from Walker Scott
Redistribute content from Walker Scott

User Comments

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Walker Scott does not filter, edit, publish or review

Comments prior to their presence on the website. Comments do not reflect the views and opinions of Walker Scott, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions.

Walker Scott shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Walker Scott reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Feel free to adjust the sections to better fit the specific needs and legal requirements of Walker Scott. It’s always a good idea to have a legal professional review your terms and conditions to ensure they are comprehensive and enforceable. If you need further assistance, just let me know!

TERMS & CONDITIONS OF SALE

In these conditions, ‘the Company’ means Walker Scott Limited and ‘the Buyer’ means a company, firm or person who places an order with the Company for the supply of goods or services.
These conditions shall govern and form part of every contract for the sale of goods or services entered into by the Company to the exclusion of all other terms and conditions, whether express or implicit. No variation of or addition to these terms and conditions shall be binding upon the Company unless expressly accepted by the Company in writing under the hand of an authorised official of the Company.
Unless previously withdrawn, quotations and tenders are open for acceptance for the period stated therein or if no period is stated, within 30 days from the date thereof and cannot necessarily be maintained if acceptance is made outside the specified period.
The Company reserves the right to stipulate that all orders must be in writing and shall not be binding upon the Company unless accepted by the Company in writing and made subject to these terms and conditions.
The Company reserves the right to terminate this agreement in respect of any order which has been accepted by the Company up until the date of delivery of the goods for any reason connected with the Buyers creditworthiness, any such termination being without prejudice to any rights or obligations which have accrued prior to termination. In the case of such termination the Company shall have no further obligations to the Buyer under these terms and conditions.
No cancellation or waiver of an order by the Buyer shall be effective unless made in writing and until accepted in writing by the Company. The Company reserves the right to levy cancellation charges, which shall take into account all expenses incurred and commitments made by the Company and all other losses due to such cancellation.
(a) Claims for the inferior quality or other defects in the goods supplied by the Company must be notified to the Company in writing not later than 3 days following the date of delivery. The Company offers a limited warranty covering any defects in materials or workmanship effective for 12 months from delivery. The warranty is offered solely providing the product has been correctly installed, used, and maintained. It excludes any failure caused by incorrect installation, misuse, or lack of reasonable maintenance. A replacement product will be provided, should a satisfactory repair not be viable, and only if the Company agrees that the failure was caused by defective materials or workmanship alone. The Company’s liability in respect of goods which are defective as a result of the Company’s default shall be limited to repair or replacement (at the Company’s option) of the goods and the Company shall not be liable for any consequential injury, loss or damage sustained by the Buyer or by any third party, nor shall any claim be greater in amount than the purchase price of the goods in respect of which such claim is made.
(b) Any claims by the Buyer relating to the transport of the goods must be lodged in writing to the Company within such period as will enable the Company to comply with any time limit and procedure relating to the acceptance of complaints or claims adopted by the carriers by whom the goods were transported. If the Buyer fails to comply with this clause, the goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for the same at the time or times specified hereunder.
(c) The risk in the goods passes to the Buyer on delivery.
(d) Save as aforesaid and subject to Section 6 of the Unfair Contract Terms Act 1977 and with exception of those implied by Section 12 of the Sales of Goods Act 1979 all conditions and warranties whether expressed or implied by statute of common law and whether oral or written are (unless specifically confirmed by the Company in writing) excluded and negated.
(a) All prices include only such goods, accessories and work as are specified in the quotation. Any variation in quantity may entail the Company varying the unit price of the goods.
(b) Prices for the products do not include, except where stated: -
sales taxes.
insurances.
the cost of effective delivery; and
any special packing or alteration to the order required by the Buyer.

(c) Not withstanding any price specified in the order acceptance of the price of the goods shall be that applicable on the date of quotation or order whichever is the earlier.

(d) The Company shall have the right at any time to revise prices to take account of: -

increases in costs including (without limitation) costs of labour, materials,

carriage or overheads.

Where goods are imported, variation of the official currency exchange rates.
Where instructions received by the Company from the Buyer prove to be

inaccurate or insufficient.

17. (a) Payment shall be made no later than the end of the month following the month of invoice or in accordance with the terms notified to the Buyer by the Company. The Company shall at its discretion (without prejudice to the Company’s right to treat the Contract as repudiated and claim damages) be entitled to withhold despatch of goods until all monies owing to it by the Buyer are paid in full.

(b) In addition to the Company’s rights under sub-clause (a) the Company shall be entitled to charge interest on any amounts outstanding (both before and after judgement) at the rate of 4% above the Base Rate for the time being in force of Lloyds Bank plc.

18. (a) Notwithstanding delivery to the Buyer legal and beneficial ownership in the goods shall remain with the Company until all amounts or instalments due to the Company on any account have been paid by the Buyer (whether or not due, invoiced or ascertained at the date of delivery) and any ancillary and/or local or governmental impositions payable in respect of the goods (“the value”) and until such payment in full of the value the Buyer shall hold the goods as fiduciary bailee for the Company and the relationship of bailee is created as between the Company and the Buyer.

(b) In the case of default in payment by the Buyer, the Company shall have the right to retake possession of and permanently retain any goods in the possession of the Buyer and to enter on any premises for the purpose of doing so and to resell the same.

The appointment or likely appointment of an Administrator to the Buyer or the presentation of a petition for such an appointment.
The appointment or likely appointment of an Administrative Receiver or Receiver and Manager or Receiver of the Buyer or on the taking possession of the whole or any part of the assets of the Buyer by an encumbrancer.
The presentation or likely presentation of a petition to wind-up the Buyer or the proposal or passing of a resolution to wind-up the Buyer (save for the purpose of a solvent reconstruction or amalgamation).
The Buyer intending or proposing to make an arrangement or having any dealings with any of its creditors with a view to avoiding insolvency or becomes insolvent or threatens to stop payment to its creditors.

(v)The occurrence of any grounds for the presentation of a petition for a bankruptcy order made under Part IX Chapter 1 Insolvency Act 1986 or any statutory re-enactment or modification thereto or the presentation of any such petition.

The Buyer’s licence to resell the goods to third parties shall be automatically revoked and any and all liabilities of the Company to the Buyer under this agreement shall be automatically revoked.

STANDARD TERMS & CONDITIONS OF PURCHASE

The Conditions shall apply to all Orders given by us unless otherwise expressly agreed in writing.

PURCHASE ORDER

No goods or services shall be supplied without our Official Order and no variation to price or other matter contained therein will be recognised unless also comprised in such an Order.

SPECIFICATION

All goods, materials and services supplied must be in accordance with the Order and fit and sufficient for the purpose intended. In the absence of a specific reference to the specification or sample all goods and materials and services supplied must be the best of their respective kinds, and of first-class workmanship, and must conform with any applicable Standard Specifications and all statutory requirements as may be published before completion of the Order.

SUBCONTRACTING & ASSIGNMENT

The Supplier will not assign or sub-contract to any third party any part of the whole of its obligation under the Order except with our prior written consent. Where we agree, the rights of access, inspection and rejection contained herein must be reserved therein on our behalf and the copy of such Orders must be delivered to us within seven days of their issue.

JIGS & TOOL

Where we have paid all or part of the cost of any jigs, fixtures, tools, pattern equipment or special tackle, such items shall be used exclusively for the production of goods to be supplied to us. Such items will be maintained by the Supplier at their expense, and replaced by the Supplier at their expense, when in our opinion replacement is necessary.

All jigs, fixtures, tools, pattern equipment and drawings supplied by us shall remain our property, and must be returned in good order and condition at our request and shall not be copied or used for any purpose other than the completion of the Order. The Supplier will use his best endeavours to maintain and store our equipment, and will be liable for any loss or damage to such equipment whilst it is in the agents charge.

EXCLUSIVITY OF SUPPLY

The Supplier may not supply to any owner or user of one of our products spare parts for that product without our express prior written consent.

INSPECTION & PROGRESS

We reserve the right during normal business hours to inspect and progress the entire work or any part thereof at any time before despatch, but such inspection shall not relieve the Supplier from any responsibility or liability. Our inspector may adopt any reasonable means to satisfy himself that the correct materials are or have been actually used, and he shall have the authority to reject any part of the work, which does not conform to the Order. If any work were so rejected, the Supplier shall immediately execute it afresh to the reasonable satisfaction of our inspection in accordance with the Order.

In the case of goods or materials delivered by the Supplier not being in accordance with the Order, and if after being notified thereof the Supplier has not rectified or replaced the same within a reasonable time, having regard to the purpose for which the goods are required, we shall have the authority to cancel the Order or part of it and to purchase replacements elsewhere and all extra expense thus incurred shall be paid by the Supplier. We also reserve the right to replace goods supplied, which are not of the stipulated quality or measurement and charge the Supplier with the expense. Where rejected goods or materials are returned to the Supplier, for rectification, they will be forwarded at the Supplier’s risk and expense.

DELIVERY

Time is of the essence, and delivery shall be in accordance with the dates specified on the Order. All periods specified on the Order shall commence on the date of publication of the Order.

The Supplier will mark and despatch goods and materials ordered in such a manner as to reach their destination in good condition in accordance with our instructions, and advise us that they have despatched the goods. The Supplier shall promptly inform us of any circumstances which may delay or prevent the completion of the Order.

We shall not be bound to accept delivery of goods before the time specified on the Order. In the event that goods are delivered before the time specified on the Order, then we may, at our option, make a charge for storing the goods, or return the goods to the Supplier at their expense, but in either event, the time of payment will be calculated using the date of delivery we specify on the Order.

Without prejudice to our rights, goods not despatched in time to reach us by the date specified on the Order shall be delivered at the Suppliers expense by such express service as we shall reasonably require. Where our Orders are marked ‘subject to schedule’ requirements, delivery schedules will be published periodically, and these specify delivery requirements in future months. Unless otherwise agreed in writing, we will only be liable to take delivery of the goods specified within a one month period, commencing at the publication date of the schedule, any quantities shown later than that period are published by us in good faith, but we are not bound to accept delivery of these goods and accept no liability for the information thus provided.

PACKING CASES ETC.

Unless specified on the Order, no payment will be made for cases, containers or packing materials of any kind. Where requested, empty packages will be returned after delivery at the Suppliers risk and expense. If we require the Supplier to remove his packing cases from our premises, he shall do so within thirty days of our instruction, otherwise we shall not be liable for their safe keeping, and may at our discretion charge the Supplier for storage or disposal.

CANCELLATION

We may suspend for such period as we see fit, or at our option cancel the delivery of any undelivered balance of goods ordered and for the performance of the Works provided for in the Order.

In the event that the Supplier fails to comply with the provisions of the Order after reasonable notice requiring the Supplier to make good such failure, we shall be entitled to recover from the Supplier a sum equivalent to the loss or damage caused thereby without prejudice to any right which we shall accrue under the Contract resulting from the Order.

PAYMENT

Terms of payment, unless otherwise mutually agreed upon in writing, on, or before the date of the Order, shall be net monthly account.

ACCEPTANCE

Acceptance of the Order implies acceptance of the Terms and Conditions specified herein, unless otherwise agreed in writing by a Director of Walker Scott Limited. If no written acceptance is received, the Supplier is deemed to understand and accept these conditions.

PROPERTY

The property and risk in the goods covered by the Order shall vest in us upon delivery of the goods in the manner and at the time and place stated in the Order without prejudice to our rights of rejection until such time as the goods are inspected.

INDEMNITY

The Supplier shall assume sole liability for and indemnify us completely against all actions, suits, claims or demands or any description whatsoever arising out of or in connection with the carrying out of the Order, or arising from any defect in the goods or workmanship. In case any of the goods shall be protected, or claimed to be covered by any patent, copyright or any propriety right the Supplier shall protect, indemnify and make us harmless from and against any and all suits, claims, judgements and costs instituted or recovered against it by any person or persons whomsoever on account of the sale of same by us in violation of such rights in claimed violation of any such actual or alleged rights. The Supplier shall indemnity us against the negligence and tortuous acts of its service whilst on our premises or any place where Walker Scott Limited or its servants are carrying our work. The Supplier shall maintain in force insurance to cover all his liabilities under this Clause including indemnifying us as principals.

INFORMATION

All information of whatever nature supplied or communicated to the Supplier in connection with any Order or enquiry shall remain our property and shall be regarded as secret and confidential that shall not without our prior written consent by published or disclosed to any third party or made use of by the Supplier except for the purpose of implementing the Order.

LAW & ARBITRATION

The Order and these conditions are in addition to our rights at Common Law.

All matters concerning the Contract arising from the Order are to be constructed according to The Law of England.

Any dispute arising hereunder shall be referred to a single Arbitrator appointed in agreement between Walker Scott Limited and the Supplier, or in default of agreement by some person appointed for the time being. The submission shall be deemed to be a submission to arbitration under the Arbitration Acts for the time being in force.