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All orders for products and services in the WORKGEAR website are accepted by WORKGEAR subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by WORKGEAR unless agreed in writing by an authorised signatory of WORKGEAR.
All descriptions of the products and services contained in the WORKGEAR website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between WORKGEAR and the Customer.
These terms and conditions do not apply to export transactions, to which separate terms and conditions of sale apply and a copy is made available on request from WORKGEAR.
The prices of the products and services are as set out in the WORKGEAR website that is current at the date of despatch. Products which are not stocked by WORKGEAR will be sold at the prices set out in the relevant quotation supplied by WORKGEAR. All prices exclude VAT, which WORKGEAR will add at the rate applicable at the date of despatch. Whilst WORKGEAR will try to maintain the prices quoted in the WORKGEAR website, WORKGEAR reserves the right to change them without prior notice at any time.
WORKGEAR reserves the right to decline to trade with any company or person. In addition, WORKGEAR may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by WORKGEAR of the order.
WORKGEAR will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the WORKGEAR website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered.
Times and dates for delivery quoted in the WORKGEAR website or by WORKGEAR's employees are approximate only and WORKGEAR shall not be liable for the consequences of any delay in delivery.
If any delivery is late, the Customer must notify WORKGEAR, and WORKGEAR will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. WORKGEAR will also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable WORKGEAR will also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery, give notice to WORKGEAR in detail of:
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. WORKGEAR's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. WORKGEAR shall not be liable for any losses, consequential or otherwise, arising from these circumstances.
If WORKGEAR has not granted credit to the Customer, payment terms are 30 Days NET from received invoice.
Credit terms (subject to satisfactory references) are available. If credit has been granted, the Customer shall pay the price of the product or service by the 25th day of the month following the month in which the products are despatched. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy: all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date.
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to WORKGEAR from the Customer for those products have been received by WORKGEAR (in cash or cleared funds). If the Customer is late in paying any sum to WORKGEAR, then WORKGEAR shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises WORKGEAR and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by WORKGEAR shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or WORKGEAR's right to sue for the whole of the price.
WORKGEAR shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between WORKGEAR and the Customer, or of any order accepted by WORKGEAR; (ii) any duty of any kind imposed on WORKGEAR by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services.
If, notwithstanding clauses 9 and 10, any liability attaches to WORKGEAR, WORKGEAR's liability to the Customer in respect of one or more of (i) any express or implied terms of the contract between WORKGEAR and the Customer, or of any order accepted by WORKGEAR; (ii) any duty of any kind imposed on WORKGEAR by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services; shall be limited in the aggregate to £500,000.
The Customer may not cancel orders once accepted by WORKGEAR. WORKGEAR may, at its discretion and in writing, allow an order to be cancelled subject to WORKGEAR recovering from the Customer the costs incurred by WORKGEAR. In the event of part cancellation, WORKGEAR may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The customer may only return products to WORKGEAR, and receive a credit or refund, on the following conditions:
Products to be returned to WORKGEAR must be adequately packed and despatched freight prepaid, clearly labelled to:
CUSTOMER RETURNS DEPARTMENT,
WORKGEAR,
3 KELVIN TERRACE,
NORTHALLERTON,
DL6 7QG
A force majeure event is any event beyond the reasonable control of WORKGEAR (including strikes, traffic congestion, the downtime of any external line, or WORKGEAR's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If WORKGEAR is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then WORKGEAR shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, WORKGEAR may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
The Customer acknowledges that WORKGEAR own the intellectual property rights in the WORKGEAR website, the website content and the stock number, and that their whole or partial reproduction without WORKGEAR's prior written consent is prohibited.