Toolstation Trade Credit Account – Terms and Conditions
1.1 These terms apply to all sales of goods and/or services by Toolstation to the exclusion of all other terms (including any which you purport to apply) unless expressly agreed in writing in advance by one of our Toolstation Directors.
1.2 Your credit application form requires the signature of an authorised signatory. Failure to provide the correct signatory may cause delays or invalidate to your application. Acceptable signatories will vary by category of business as follows:
- For Sole Traders: The Proprietor
- For limited companies: If incorporated less than 3 years, a current Company Director listed at Companies House
- For Partnerships: One of the Partners
- For Charities: A Trustee
- For all other entities: The person with financial responsibility e.g. Treasurer/Secretary
By signing this application you are granting authorisation for ToolStation to carry out credit checks against all business’ and individuals listed on this application.
1.3 In order to process your application we will supply your personal information to credit reference agencies (CRAs) and they will give us information about you, such as about your financial history. We do this to assess creditworthiness and product suitability, check your identity, manage your account, trace and recover debts and prevent criminal activity. We will also continue to exchange information about you with CRAs on an ongoing basis, including about your settled accounts and any debts not fully repaid on time. CRAs will share your information with other organisations. The identities of the CRAs, and the ways in which they use and share personal information, are explained in more detail at http://www.experian.co.uk/crain/index.html https://www.transunion.co.uk/legal/privacy-centre?#pc-credit-reference
1.4 Each order or acceptance of a quotation for goods and/or services by you shall be deemed to be an offer by you to buy goods and/or services subject to these terms. No order or acceptance of a quotation by you shall be deemed to be accepted by Toolstation until written confirmation of order is issued by Toolstation or (if earlier) we begin to process your order. We shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).
1.5 You acknowledge that you have not relied on any statement or representation made or given on Toolstation’s behalf. Any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by Toolstation is given for guidance only (based on your information) and without liability on our part. No allowance is made by Toolstation for additional materials, wastage or installation. You must satisfy yourself that all goods and/ or services ordered are correct.
1.6 Any typographical error or clerical omission in any sales literature, quotation, price list or other document issued by Toolstation may be corrected without liability on our part.
1.8 All information and documentation provided during the application process will be stored securely for 7 days. Saving this information allows us to process your application quickly and allows applicants to return to the website to complete a previously saved but incomplete form.
1.9 Toolstation must be notified of any changes to personal or company information submitted at the time of your application. Changes of address, email and contact information such as phone numbers can be updated however name changes or changes to a company director would require the new director to re-sign the application form. To update information supplied during your application please get in touch with us on 0300 600 5001 or send an email to firstname.lastname@example.org.
2.Payment and Interest
2.1 The price you pay is as shown in our current catalogue or website at the time of order, together with any VAT and carriage indicated on the order form.
2.2 Payment for goods and/or services supplied during a month on a credit account shall be due and paid in full in one payment not later than the last day of the month following the month of delivery or deemed delivery of the goods and/or services. If you default in making payment, the entire balance of your account shall be payable immediately and we may charge interest together with costs and expenses in accordance with 2.4.
2.3 For non-credit account purchases, payment shall be with the order.
2.4 If you fail to pay Toolstation any sum due (and whether or not any part of your account is subject to query), we may appropriate any payment made by you to such of the goods and/or services (or such goods or services supplied under any other contract between you and Toolstation) as we may think fit; and you shall be liable to pay us interest on such sum at the annual rate of 4% above the base lending rate from time to time of the Royal Bank of Scotland Plc, accruing on a daily basis, or, at our option, interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002) from the due date for payment until payment is made in full, whether before or after any judgment, together with all costs and expenses incurred by Toolstation in recovering sums due or exercising our rights under this provision, including our debt recovery fees at a rate of 6% of the total amount outstanding.
3.1 Unless otherwise agreed by Toolstation, delivery of the goods shall take place at our place of business. Delivery shall occur when you take possession of the goods at our premises or (in case of delivery) when the goods are dispatched to the delivery address.
3.2 We shall not be liable for any shortages in quantity delivered unless you give written notice to Toolstation of such shortages within two working days of delivery. In any event our liability shall be limited to making good the shortfall or (at our option) issuing a credit note or refund at the pro rata contract rate against any invoice raised for such goods.
3.3 We may deliver the goods by separate instalments. Each instalment shall be a separate contract and cancellation or termination of one instalment shall not entitle you to cancel any other instalment.
3.4 Any query about delivery shall be made as soon as possible and in any event within 28 days of the date when the goods would in the ordinary course of events have been delivered else the goods shall be deemed to have been delivered in accordance with the contract. We are not obliged to provide proof of delivery and/or collection after a period of 28 days.
3.5 We shall not be responsible for taking back any non-chargeable packaging/pallets.
3.6 Where the supply and delivery of goods to persons under 18 is restricted, you confirm that you are over the age of 18 years and that delivery will only be made to a person over the age of 18 years.
4. Risk and Ownership of Goods
4.1 The goods are at your risk from the time of delivery or deemed delivery.
4.2 Ownership of the goods shall not pass to you until we have received in full (in cleared funds) all sums due to Toolstation in respect of the goods and all other sums which are or become due to Toolstation from you on any account or (if later) the time of delivery.
4.3 Until ownership of the goods has passed to you, you shall hold the goods on a fiduciary basis as our bailee and store the goods (at no cost to us) in satisfactory condition and in such a way that they remain readily identifiable as our property and you shall tell Toolstation immediately where the goods are situated.
4.4 Subject to 4.5, you may resell the goods before ownership has passed to you provided that any sale shall be effected in the ordinary course of your business at full market value and you shall deal as principal; you shall hold all proceeds of sale on trust for Toolstation and assign to us all rights and claims which you may have against your customer arising from such sales until full payment is made.
4.5 Your right to possession of, and authority to sell, the goods shall terminate immediately (and you shall immediately deliver the goods to us at your cost and risk) if we notify you to such effect or on the happening of any event set out in 8. (whichever is earlier) and you shall immediately notify Toolstation in writing upon the happening of any such event.
4.6 You grant to Toolstation and our agents an irrevocable licence at any time to enter any premises (with and without vehicles) where the goods are or may be stored in order to inspect them or, where your right to possession has terminated, to recover them.
4.7 Where we are unable to determine whether any goods are the goods in respect of which your right to possession has terminated, you shall be deemed to have sold all goods of the kind sold by Toolstation to you in the order in which they were invoiced to you.
5. Cancellation and Return of Goods
5.1 You are entitled without giving a reason to cancel your order if you do so by telephone, e-mail or post. Providing you do so within 30 days of receipt of the goods by you. For details on how to return and item please see our Returns FAQs.
5.2 If there is a problem with the goods please tell us as soon as is practicable.
5.3 Unless the goods were wrongly supplied or substituted by us or are faulty, you are responsible for the costs of return, we are responsible in all other cases. In any event we will be happy to arrange a suitable carrier.
6. Limitation of Liability
6.1 This provision does not affect your statutory rights nor does it limit our liability for death, personal injury or fraudulent misrepresentation resulting from our negligence.
6.2 Otherwise if you notify Toolstation of shortage, damage or defect in the goods or advise us of non-delivery we will (as you direct) either repair or replace such goods or refund (together with carriage where applicable) the amount paid by you.
6.3 We will have no other liability, except as set out above and in particular will not be liable to compensate you for disappointment, inconvenience, loss of profits, any indirect or consequential loss or damage whatsoever or howsoever occurring.
7. Termination of Contract
If you fail to honour your obligations under the contract or if you are an account holder, become bankrupt or insolvent, we may terminate our contract by written notice to you and at our option suspend further deliveries. In such event any monies which you owe Toolstation, will become immediately repayable.
8. Unforeseen Circumstances
We shall not be liable to you for any failure by Toolstation to supply or deliver goods to you or in respect of any damage or defect to goods caused by any event or circumstance beyond our reasonable control.
9. Applicable Law
This contract shall be governed by and interpreted in accordance with the laws of England and subject to the non-exclusive jurisdiction of the English courts.
Although every care has been taken to ensure that these details are correct, we shall not be liable for any inaccuracies.