About WILKES SECURITY

The use of wilkessecurity.co.uk website is based on your acceptance of the following conditions of use. The web terms and conditions are to be read in conjunction with our standard terms and conditions of sale which are as set out below.

PRODUCT SUITABILITY

Wilkes Security Ltd take no responsibility for the suitability of  product(s) for your given application(s). The responsibility for suitability remains at all times with the purchaser.


PRODUCT DESCRIPTIONS  

Wilkes Security try to maintain accurate product descriptions, illustrations, drawings, images and specifications on the web pages. However details shown are for illustration purposes only and the product supplied may vary. Wilkes Security  do not guarantee the accurracy of   product descriptions, illustrations, drawings, images and specifications. All descriptions, illustrations, drawings, images and specifications  represent only general particulars and shall not form part of any contract.

PRICING

Should for whatever reason there be an error in a price of an item, we reserve the right to contact you using the details you supplied from setting up your account and
notify you of the items correct price. The same applies to shipping costs.

PRODUCT AVAILABLITY

We try to maintain an accurate amount of stock available, however if an item
ordered becomes out of stock, unavailable or difficult to source in
reasonable time we will again contact you and inform you of the situation
and, at our discretion, allow you to cancel the order or place the item on
back order.

WEB RETURNS

In the event that the buyer decides that the goods supplied are not required and therefore returned. Where the returns have no fault / no defect then it shall be the buyers responsibility and cost to return the goods to Wilkes Security Products Ltd. Upon receipt and validation that the goods received are the same as despatched then a refund will be made less 15% as a processing and administration fee. This refund, in most cases,  will mirror the payment method used by the buyer and may take up to 28 working days from reciept of the returned item(s).

CONDITIONS OF SALE-WILKES SECURITY PRODUCTS LIMITED

1. General
Any agreement made between Wilkes Security Products Limited ('the Seller') and the Buyer for the sale of goods or provision of services ('the Contract') shall Only be subject to these conditions Any representation of warranty made by or on behalf of the Seller prior to the Contract whether orally or in writing is hereby expressly excluded. Both the Seller and the Buyer agree that they Contract as principals and not as agents for any other parties. If the Buyers order forms contain special printed conditions such conditions are binding only in so far as they are not at variance with these conditions.
2. Basis of Quotations
2.1 All quotations given by the Seller are only open for acceptance for a period of thirty days from the date of quotation, after such time the Seller in his absolute discretion may withdraw his quotation.
2.2 The quotation is subject to alteration due to changes in the price of raw materials, wages and other costs of production.

3. Price
3.1 The Seller shall be entitled to adjust the Contract price of the goods or services whether before or after the making of the Contract in the event of any variation on the cost to the Seller in supplying the same caused by:
3.1.1 Any increase in the cost of materials or services required by the Seller for the completion of the contract: or
3.1.2 Any increase in wages and production and manufacturing costs or other overheads: or
3.1.3 Any other reason whatsoever beyond the control of the Seller including fluctuations in exchange rate between monetary currencies, the action of any government or of any other authority or any labour problems.
3.1.4 Any increase in the cost of the services due to an alteration in the Contract by the Buyer or a person nominated by the Buyer
3.2 All prices are quoted exclusive of V.A T. or any other duty or tax which will be charged at the rate applicable at the date of the invoice.
3.3 All duties, taxes or other impositions of whatsoever nature and whatsoever payable in respect of the sale and delivery of goods by the Seller shall be paid by the Buyer. The Buyer shall indemnify the Seller against any claim to such duties taxes or other impositions and against any penalties or fines payable by the Seller in respect thereof by reason of the non-payment of the said duties taxes or other impositions by the Buyer.

4. Delivery
4.1 The Seller shall endeavour to deliver the goods within its standard delivery times, Any time or date for delivery stated by the Seller shall be an estimate only and not a contractual commitment, The Seller shall in no event be liable for any damage or loss whether arising directly or indirectly out of any delay in delivery. No order may be cancelled on the grounds of delay in delivery unless a Director of the Seller has otherwise agreed in writing. On the Sellers acceptance of an order the Buyer shall be advised whether goods are in stock and the approximate date of delivery. The Seller may suspend deliveries of goods or provision of services and the Buyer shall accept late delivery Of such goods or provision of services unless the Buyer has cancelled the contract in accordance with the provisions of paragraph 7.2
4.2 Where goods are sold F.O.B. or C.I.F. delivery shall be completed when they pass the ships rail
4.3 Where goods are delivered by an independent carrier delivery shall be deemed to be effected at the time of collection by or delivery to the carrier.
4.4 In the event of goods being collected by or on behalf of the Buyer collection will constitute delivery to the Buyer.

5. Carriage
Orders will be delivered carriage paid and the carriage costs charged on invoice at cost No allowance shall be made for carriage where the goods are collected from the Sellers premises by the Buyer Carriage costs on goods delivered by passenger train at the Buyers request shall be charged on invoice and all parcel post shall be charged at cost on invoice.

6. Payment

6.1 Web based purchases shall commence processing   upon verification/validation or the buyers credit card or similar payment. 
6.2 Trade Account Holders - Unless otherwise agreed payment shall be made by the Buyer within 28 days after delivery of the goods. If payment is made by the due date the Seller shall be entitled to interest on any amount outstanding after the due date at the rate of 4 %above the then current Bank of England base rate which shall accrue on a daily basis. Failure to claim such interest shall not constitute a waiver thereof.
6.3 In the case of payment due by instalments the time of payment of each instalment shall be of the essence and in default of payment of any one instalment on the agreed date the payment of the total outstanding balance due under the Contract shall become due and payable immediately.
6.4.lf at any time more than one amount is due from the Buyer to the Seller any moneys received will be applied to the outstanding accounts in chronological order the longest outstanding account being paid first.
6.5 Payment may not be delayed or refused for any alleged defects in the goods or services which the Seller undertakes to correct under the terms of its warranty The Seller reserves the right to suspend deliveries if payment is not made in accordance with the Contract.

7. Suspension and Cancellation
7.1 If the Buyer shall fail to take delivery or make any payment when it becomes due and fail to remedy the same within seven days of receiving the Seller's request in writing so to do or shall enter into any composition of arrangement with its creditors or if any distress or execution is levied upon any goods or property of the Buyer or if the Buyer commits any act of bankruptcy or it being an incorporated company shall have a receiver appointed of the whole or any part of its undertaking or assets or shall pass a resolution for winding up (except solely for the purpose of amalgamation or reconstruction) or a Court shall make an order to that effect or if not being an incorporated company shall have a receiving order made against it the Seller may deter any further deliveries of goods or provision of services and treat the Contract as determined but without prejudice to the Sellers right to any unpaid price for goods delivered or services provided under the Contract and to damages for any loss suffered.
7.2 If the Buyer requires cancellation of the Contract this will Only be accepted in writing at the sole discretion of the Seller upon condition that any costs charges or expenses incurred by the Seller up to the date of cancellation and the value of all loss or damage incurred by the Seller by reason of such cancellation will be reimbursed by the Buyer to the Seller, Acceptance by the Seller of any cancellation by the Buyer will Only be binding upon the Seller if it is made in writing.
7.3 If the Seller is prevented from completing the Contract for any reason beyond its reasonable control then further performance of the Contract shall be suspended for the period during which the Seller is so prevented provided that if the Contract is suspended for a continuous period of more than three months then either party may give the other notice in writing to terminate the Contract forthwith and in such circumstances the Buyer shall pay for all goods supplied and services provided to the date of such termination, The Seller shall be under no liability for any loss or damage suffered by the Buyer as a result of the Seller's inability to perform its obligations under the Contract in these circumstances.

8. Claims for damage in transit/shortages
8.1 The Seller shall only make-up, repair or replace if:
8.1.1 The Buyer shall have given written notice of such shortage or damage in transit the date and time of delivery the order number the invoice number and delivery advice note number to the Seller and the carrier if other than the Seller within 3 days of receipt of the goods in question in the case of deliveries within the United
Kingdom and within 3 days of receipt of export orders, and;
8.1.2 In the event that the Buyer has not received the goods it has notified the Seller of this fact within 10 days of receipt of the Sellers invoice in the case of the United Kingdom orders and within 21 days of such receipt in the case of export orders: and
8.1.3 The goods in respect of which a claim is made together with the packing is preserved intact as received for a period of 21 days from notification of such claim (for 35 days in the case of an export order) and the Buyer permits the full and free right of access to inspect the goods and investigate the claim


9. Liability for safety of the Seller's employees
9.1 In the event of any employees, agents or sub-contractors of the Seller having to perform any work on the Buyer's premises then the Buyer will be responsible for the safety of these employees, agents or sub-contractors and shall be liable for any damage or compensation payable in respect of any injury or loss sustained by such employees, agents or sub-contractors.
9.2 The Buyer shall ensure that the conditions under which the Seller's employees agents, Sub-contractors are required to work are rendered safe and that adequate facilities are made available to the Seller to carry out work on site in an efficient and safe manner.

10. Warranty
10.1 The Seller warrants that the goods will be free from: defects in title, and will conform, in the manner herein provided, to the applicable specifications which are made a part hereof, and will be free from defects in material and workmanship, and should any part of it be found, when properly sited and installed, maintained and used under specified service conditions and in accordance with the Seller's instructions (Copies of which are available upon request) to have been defective or non-conforming with the specifications. The Seller will repair or replace the defective part, provided that the Seller's inspection reveals it to be defective or non-conforming within the terms of this warranty. The warranty period shall be 28 days commencing from the date of delivery. The warranty period for corrected or replaced material shall be of an equal duration as the original warranty period and shall begin at the acceptance of such corrected or replaced material.
10.2 The Seller shall in no event be held liable for damage or delay caused by non-conformance or a defect in material or work and no allowance will be made for repairs or alterations unless made with its written approval. The Buyer or any user claiming through the Buyer assumes all liability for the use or miss-use thereof by itself or its employees.
10.3 The Sellers liability under this warranty shall automatically cease it;
10.3.1 The Buyer shall not have paid for all goods and services supplied under the Contract by the due date referred to in paragraph 6 or under any other Contract between the Seller and the Buyer by the due date specified therein; or
10.3.2 The Seller, Its employees or agents are denied full and free access to the defective goods or services, or:
10.3.3 The Buyer permits persons other than the Seller its employees or agents to effect or attempt any repair or replacement or other rectification on the defective goods or services; or:
10.3.4 The Buyer has not properly maintained the goods in accordance with the Seller's specifications and instructions, (copies of which are available upon request), or has permitted persons other than the Seller to service the goods.

10.4 The warranty set out in paragraph 10.1 shall be in lieu of any warranties, conditions or undertaking whether expressed or implied by statute, common law or otherwise howsoever which warranties conditions and undertakings are subject to Section 6(1) and 7(3)(a) of the Unfair Contracts Terms Act 1977 (the Act) hereby expressly excluded.
10.5 The Sellers responsibility is limited to the terms of this warranty (except in respect of death or personal injury resulting from the negligence of the Seller its employees or agents) and the Seller shall not be liable for any claim for any direct or indirect consequential or incidental loss, injury or damage whatsoever made by the Buyer or any third party against the Seller in connection with any defect in the goods or services whether or not such defect is directly, Indirectly, wholly or in part caused by the negligence, act, omission, default or neglect of the Seller its employees or agents or whether or not such defect amounts to a breach of a primary obligation of the Contract.
10.6 Notwithstanding the provisions of this warranty if the Contract is made with a person who deals as a consumer as defined by Section 12 of the Act nothing herein contained shall operate to exclude any liability for breach of such obligations as are mentioned in Section 6)2) of the Act.

10.7 The Sellers liability in respect of any defect in or failure of goods supplied or for any loss, injury or damage attributable thereto is limited to:
10.7.1 The price paid for the goods by the Buyer, or
10.7.2 Making good by replacement or repair or otherwise at its option any such defect or failure which under proper use, conditions of storage or fitting of the goods under the sellers strict specification, guidance and supervision appears therein an arises solely from faulty design, material or workmanship within a period of 28 days after the goods have been despatched to the buyer. It shall be a condition precedent to the sellers liability under this warranty that the buyer;

10.7.2.1. Has given prompt and reasonable notice of the defect to the seller, and

10.7.2.2. At its own expense, either returned the goods to the seller or (if the seller so elects) provided the seller with access to the goods at the buyers premises as the sellers reasonably requires for the purpose of effecting such repair or replacement.


10.8 The Seller's responsibility under this warranty excludes liability for routine service work, Oil changes, Setting, Adjustment or cleaning operations.

11.Retention of Title

11.1 Title to and property in the goods shall not pass to the buyer and the buyer shall hold the goods as bailee for the seller until the buyer has paid in full for the goods and all other sums due to the seller, whether such indebtness arises before or after the supply of goods in question, and including the costs of any legal proceedings by the seller to enforce any obligation of the buyers whether arising hereunder or otherwise.

11.2 The buyer, while bailee of the goods for the seller shall not re-sell, charge, mortgage, part with possesion of or otherwise deal in or create any incumberance over the goods save only with the prior written consent of a Director of the Seller.

11.3 The buyer while bailee of the goods for the seller as aforesaid shall keep the goods seperate and apart from all other goods and shall keep them at all times clearley labelled as the sellers property, and shall not attatch or affix the goods, nor cause, suffer or permit the goods to be attatched or affixed to any buildings or to any other plant or equipment save only;

11.3.1 If untl the minimum extent it is neccessary so to do to enable the buyer to use the goods for there ordinary purpose, in particular after the goods have been affixed to the buyer premises by the seller or its employees or subcontractors; and

11.3.2. In such a manner as enables them readily and easily to be detatched or removed therefrom; and


11.3.3 On terms notwithstanding such attachment or fixation the goods shall continue to be held by the Buyer as bailee as aforesaid and shall not form or become any part of buildings or other plant. or equipment to which they are attached or affixed.
11.4 If and so long as the Buyer holds the goods as bailee for the Seller as foresaid, then at any time when the payment by for such purpose.
11.5The Seller shall hold the goods collected in accordance with the provisions of paragraphs 11.4 upon trust to sell the same and shall retain from the proceeds of sale thereof any sum whatsoever due to the Seller from the Buyer.

12. Drawings
12.1 All drawings and specifications supplied by the Seller shall remain the Seller's property and copyright.
12.2 The Seller has endeavoured to provide full descriptions and illustrations of its goods and services in its catalogues and price lists and although these have been carefully prepared it is not intended that the Buyer should rely on the
Same as they are issued for general guidance only and the Seller does not accept responsibility whatsoever for any errors or omissions therein or any loss or damage resulting from the said reliance on such descriptions and illustrations. The Seller reserves the right to make alterations. Improvements or other variations to the goods and services provided as it may think fit and no such alteration, improvement or variation which in the Seller's reasonable opinion it deems is necessary, and which does not affect the suitability or performance of the goods or services by the purpose for which they will be supplied to the Buyer, shall constitute a breach of the Contract or impose any liability on the Seller whatsoever.
12.3 Where the Buyer or a person nominated by the Buyer has provided original information and in reliance on this the
Seller has designed drawings and specifications the Buyer accepts that these have been prepared on the assumption that they shall be subject to normal usage.
12.4 The Seller shall be under no liability whatsoever to the Buyer in respect of any loss damage or claim incurred by or made against the Buyer should any of the goods or services provided by the Seller breach or infringe any intellectual property rights including patents, registered designs and copyright or the provisions of any statute, statutory instrument or regulation.
12.5 In the event of goods or services being provided by the Seller in accordance with instructions, technical information, data, drawings or specifications issued by the Buyer or a person nominated by the Buyer or to its design or specification or in the event of the sellers goods or services being altered in accordance with the buyers instructions:

12.5.1 The seller does not warrant the practicability, efficiency, safety or otherwise of the goods or services to be provided.
12.5.2 The Buyer shall indemnify and keep indemnified the Seller against all liability incurred by the Seller as a result of:
12.5.2.1 The goods or services provided infringing any intellectual property right, registered designs and copyright or the provision of any statute, statutory instrument or regulation.

12.5.2.2. The impracticability inefficency or lack of safety or other defects in the goods or services provided where such defect is caused wether indirectly or directly, wholly or in part by faults or omission in such drawing or instructions issued by the buyer or a person nominated by the buyer.

13. Goods and materials manufactured by third parties.

13.1 Where the goods which are the subject this contract are not manufactured by the seller and are delivered direct to the buyer or collected by the buyer from the manufacturer or other third party the seller shall not be liable for any loss or damage to such goods.

13.2Where goods are supplied by the seller but manufactured by a third party the seller shall use its best endeavours to pass onto the buyer  such benefits relating to warranties or guarantees in respect of such goods which the seller has unders its contract with such third party.

14. Termination
The Contract may be terminated at any time by the Buyer only on written notice and upon payment of proper and reasonable termination charges which will be sufficient to compensate the Seller, for its loss of profit and all other expenses in respect of the Contract.

15. Risk and Insurance
Risk shall pass to the Buyer upon delivery of the goods at the Buyer's premises, but, otherwise, upon despatch of the goods from the Seller's premises. The retention of title contained in paragraph 11 shall not affect the Buyer' responsibility to effect insurance cover which the Buyer may consider to be appropriate.

16. Force Majeure
The Seller shall be relieved of all liabilities incurred under any agreement governed by these conditions wherever the fulfilment of his obligations there under or any of them is prevented, frustrated, impeded, or delayed as consequence of war, invasion, act of foreign enemy, hostilities (whether a war has been declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, terrorist action, disaster, any statute, rules regulations, orders or requisition issued by any government department, council or other authority, strikes, lock outs, breakdown of plant or any other causes or circumstances whatsoever outside the Seller's direct control.

17. Errors
The Seller reserves the right to correct any clerical or Typographical errors made by its employees or agents.

18. Severance
If at any time any one or more of the provisions of these conditions becomes invalid, illegal or un-enforceable in any respect under any law or is held by a court to be invalid, illegal or un-enforceable. The validity and enforceability of the remaining provisions shall not in any way be affected or impaired.

19. Law and Jurisdiction
These conditions and every agreement governed by them shall be governed by and construed in accordance with English law and therefore any dispute must be brought in Courts that are governed by English Law. The Seller and the Buyer hereby agree to submit to the jurisdiction of the English Courts save only where the Seller invokes the jurisdiction of another country. Under no circumstances shall the Uniform Laws on International Sales Act 1967 apply.

20. Hire Conditions
Where goods are hired by the Seller ("the Owner") to the Buyer ("the Hirer") the conditions in this paragraph shall apply and where cross-reference is made to earlier paragraphs in these conditions, the Hirer shall be deemed to have knowledge of the same and be bound by the obligations therein.
20.1 The Seller shall be entitled to hire charges during the period of hire, which shall commence on the delivery of the goods as stated in paragraph 4. All hire charges are exclusive of VAT payable on demand and include payment for Saturday, Sunday and Bank Holidays. Otherwise the terms of payment are as set out in paragraph 6.

20.2. Any agent or servant of the hirer who enters into the contract on behalf of the hirer shall be deemed to be so authorised to do by the hirer. In the event that the hirer has not so authorised the agent or servant, the agent or servant hereby agrees to indemnify the seller against all losses and costs that are incurred by the seller as a result therefrom. The agent or servant and the hirer jointly and severally hereby undertake to ensure that no other person shall use the goods who has not been properly instructed in its safe operation as detailed by the seller and shall ensure that every user has been made avaliable to him and has read the sellers instructional material and thereby follows the procedure laid out by the seller.

20.3 The goods must not be removed from the place of business of the hirer originally specified by the hirer to the seller without the prior authority of the seller. The goods shall be at the hirers risk on delivery at the hirers premises and it shall be the hirers responsibility to effect insurance cover as set out in paragraph 15.

20.4 The Seller shall be entitled at any time provided that the Hirer is in breach of these conditions, or if any act or proceeding referred to in Paragraph 11.2. 11.3 Or 11.4 shall take place to repossess the goods in the event of such acts occurring.


20.5 The Hirer shall ensure that the goods are kept in safe and secure conditions at all times and that they are returned in a state satisfactory to the Seller. The Hirer shall reimburse to the Seller all costs incurred by the Seller in rectifying the condition of the goods and to returning them to the condition supplied to the Hirer at the outset of the Contract and the Hirer shall indemnify the Seller in respect of any damage or financial loss caused thereby. The clauses set out in paragraph 10 are hereby incorporated into this paragraph, in particular the Hirer shall notify the Seller immediately upon the goods becoming defective and the Seller's warranty as set out in paragraph 10 shall be of no effect in this event or the Hirer or any person authorised by the Hirer attempting to rectify such defect.



Wilkes Security Products Limited including it Subsidiaries, Associated and Connected Companies, is constantly developing and improving its products. All descriptions, illustrations, drawings and specifications in this publication present only general particulars and shall not form part of any contract.
The right is reserved to change specifications without prior notification or public announcement.
All goods supplied by the Company are supplied subject to the Company's General Conditions of Sale.