Terms and Conditions
Information about us
Office Business Supplies (we). We are registered in England and Wales under company number 03265034 at Leonard House, 14 Silver Street, Tamworth, Staffordshire, B79 7NH. Our VAT number is GB580602846.
Our services are only intended for use by people resident in England, Scotland, Northern Ireland and Wales (Serviced Countries). We do not accept orders from individuals or businesses outside those countries.
These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar documents.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
- Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
No other agent or representative of the Seller has any authority to vary or omit these conditions in whole or in part.
Delivery of goods will be next day wherever possible. We cannot accept any requests for specific delivery dates and times and you acknowledge that we may deliver your order at any time between the hours of 9.00 a.m. and 6.00 p.m. on working days only. We will deliver the Products to the location set out in your order. Delivery shall be completed once we deliver the Products to the Delivery Location and the Products will be your responsibility from that time. This delivery is subject to stock and related issues as well other factors outside our control.
The Customer shall pay the reasonable cost of delivery and insurance of the goods whilst in transit to the Customer.
A signature is required for all deliveries so please ensure someone is available. Please also check the number of parcels signed for matches the number in the delivery as disputes cannot be entered into at a later date.
Claims arising for damage to, shortage or partial loss of the goods in transit shall not be entertained by Whittakers unless notified in writing to Whittakers within 3 days from the date of receipt of the goods by the Customer and in respect of claims for non-delivery unless notified in writing to Whittakers within 5 days of despatch by Whittakers of the invoice relating to the goods allegedly the subject of non-delivery.
Please view our full returns policy available on request.
Whittakers shall not in any circumstances whatsoever be liable for any incidental or consequential loss expense or damage arising directly or indirectly out of goods supplied or by reason of any failure to supply goods ordered or by reason of any failure of the goods to comply with the Customer order or specification.
Whittakers shall not be liable for any failure to fulfil any order, contract or agreement where the failure is due to circumstances beyond Whittakers control including (but without limitation to the generality of the foregoing) strikes, lockouts, labour disputes or any kind (whether relating to Whittakers own workforce or others) Act of God, war, terrorism, fire, flood, force majeure or any other courses beyond Whittakers control.
Risk and Title
The risk in the goods passes to the Customer upon delivery.
The property in the goods shall not pass to the Customer, whether or not the Customer shall have taken delivery of the goods or any part thereof, until the Customer shall have paid to Whittakers the whole of all sums due to Whittakers under the contract or order and Whittakers shall be entitled to recover from the Customer any goods supplied in respect of which property has not passed to the Customer but without prejudice to Whittaker’s rights under these Terms and Conditions.
All orders for goods until accepted or rejected at its discretion by Whittakers shall be deemed to be an offer by the Customer to purchase goods pursuant to these Conditions and all goods are offered subject to availability. Whittakers reserves the right at any time to impose a minimum order quantity on any orders for goods prior to the order being accepted by Whittakers.
Price and Payment
Goods will be invoiced at prices ruling at the date of despatch. Unless a specific alternative price is agreed prior to delivery the Price of the Goods shall be the price stipulated in the Seller’s price list current at the date of delivery of the Goods. The Price is exclusive of VAT which shall be due at the rate ruling on the date of VAT invoice.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
We may invoice you for the goods at any time after receiving your order.
Payment by you of the price for the goods is due by the 30th day of the month following the month in which the invoice is dated.
You must clearly identify to which invoice and/or credit note any settlement relates. If you fail to do this then we may, at its discretion,
treat the settlement as if it had not been made or as settlement of your oldest outstanding invoice.
You shall make payment to us in respect of the invoice:
- without any set off (whether in relation to such invoice or otherwise) and
- in the currency that the invoices are rendered.
Where invoices are overdue and payment has not been received, Whittaker Office Supplies Limited reserves the right to charge interest on the debt at 4% over the bank base rate. This will be implemented and charged to your account which will then become due for payment immediately.
Overdue accounts may be passed to a Debt Collection Agency. A surcharge of £50.00 plus all costs incurred in recovery of ALL Monies outstanding will be implemented.
Advice, Information & Opinion
Advice, information & opinion given by any Director, Employee or Agent of the Company is given without legal responsibility. Any recommendation or suggestion made by the Company relating to the use of goods, whether in technical literature or in response to a specific enquiry, is made in good faith, but it is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose, and he shall be deemed to have done so.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
Our right to vary terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
Law and Jurisdiction
Contracts for the purchase of Products from us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Last Updated: 07 June 2022