Terms and conditions
CLM Construction Supplies Ltd. value transparency above all else.
Please read our Terms and Conditions thoroughly when using our services.
To view our full Terms and Conditions, please see below:
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Trade Account Terms & Conditions
THESE TERMS DO NOT APPLY IF YOU ARE A CONSUMER. A CONSUMER IS AN INDIVIDUAL ACTING FOR PURPOSES WHICH ARE WHOLLY OR MAINLY OUTSIDE THAT INDIVIDUAL’S TRADE, BUSINESS, CRAFT OR PROFESSION.
1 Application of Conditions
These conditions of sale apply to all contracts between CLM Construction Supplies Limited (“us”, “we”, “our” or “company”) and the customer, unless otherwise agreed in writing by a director of CLM Construction Supplies Limited. They shall apply in place of, and prevail over, any other terms or conditions, whether contained or referred to in the customer’s order, or in correspondence or elsewhere, or implied by trade, custom, practice or course of dealing.
2 Formation of Contract
2.1 A contract shall only come into existence upon our acceptance of the customer’s order or on delivery of the goods (whichever occurs first). A quotation given by us does not constitute an offer, and we may withdraw or revise a quotation at any time before our acceptance of the order or delivery.
2.2 When an estimate of quantity, measurement or advice in relation to a product for a particular purpose is given by us, this information is only for guidance (based on information provided by the customer) and is without liability on our part.
3 Delivery Dates and times
Delivery dates mentioned in any quotation, order, acknowledgement of order, or elsewhere are approximate only and the time for delivery is not of the essence. We shall not be liable for any delay in delivery of goods or failure to deliver goods that is caused by a force majeure event or the customer’s failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of goods.
4.1 Subject to clause 6 all orders must state the place of delivery of the goods and where a period is named for delivery the customer must take delivery within that period.
4.2 Delivery shall be completed when the goods are unloaded at the place of delivery (where we deliver the goods to you) or where the customer collects goods from our premises (as applicable).
4.3 Where goods are delivered by us to site:
4.3.1 our obligation is limited to delivery as near to the site as a safe, hard road permits;
4.3.2 the customer must provide, free of charge, reasonable assistance in unloading and stacking;
4.3.3 in the case of banded bricks or blocks palletised loads of cement or any other goods requiring mechanical assistance in unloading:
(a) the customer must make available on site, free of charge, cranes or fork lift trucks or other mechanical means of suitable design to unload the goods; and
(b) if, as a result of a lack of mechanical assistance, our driver returns without unloading, or is detained on site, we reserve the right to make an extra charge;
4.3.4 the customer must advise us of any local traffic regulations, which may affect or restrict delivery and have any necessary assistance available to enable unloading to take place at the agreed time; and
4.3.5 if, for any reason, delivery is made outside our normal hours of business, we reserve the right to make an extra charge.
4.4 Where the customer collects, or arranges collection, of the goods from our premises, the customer does so at its sole risk (except for death or personal injury caused by our negligence).
4.5 If the customer fails to take or accept delivery of goods within [three] business days of us notifying the customer that goods are ready then, except where such failure or delay is caused by a force majeure event or our failure to comply with our obligations under these terms:
4.5.1 delivery of the goods shall be deemed to have been completed at 9:00 am on the [third] business day after the day on which we notified you that the goods were ready; and
4.5.2 we shall store the goods until delivery takes place and charge you for all related costs and expenses (including insurance).
4.6 If ten business days after the day on which we notified you that the goods were ready for delivery you have not taken/accepted delivery of them, we may resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, account to the customer for any excess over the price of the goods or charge the customer for any shortfall below the price of the goods.
5 Instalment of deliveries
We shall be entitled to deliver goods by instalments. Each instalment shall be treated as a separate contract. Any failure or defect in delivery of any one or more instalments, or delay in delivery of any one or more instalments, shall not entitle the customer to cancel the contract for any instalments already delivered or to be delivered in the future. Each instalment shall be paid for separately under these conditions as a separate contract.
6 Click & Collect
6.1 The “Click & Collect” service is available on all goods marked as available for branch collection on our website.
6.2 Before you place your order you will need to select the store from where you would like to collect the goods. If the goods are in stock at the store, we will aim to have the goods ready for collection within two hours after we receive your order and process your payment.
6.3 Any goods not in stock on the day of ordering we will let you know when the goods become available. It is possible for you to collect the goods which are available in store and collect the remaining goods when they are available. Goods are available for collection between 9.30am and 4.00pm.
6.4 Collection within two hours applies to orders that have been placed during trading hours of the store. Orders made after 4.00pm will be available for collection in branch from 9.30am the following working day. Collection times are approximate.
6.5 You will receive an email order confirmation once your order has been placed notifying you of the order number. A second email and an SMS (if a mobile number has been provided at the time of ordering) will be sent to confirm your order is ready for collection.
6.6 If you have not collected your order within 48 hours of receiving confirmation of your order being ready to collect you will be contacted by a member of store staff. Orders not collected within 5 working days will have the goods re-allocated and you will be contacted to arrange a full refund.
6.7 When collecting your order we need to see a copy of the order confirmation email (printed or electronic) and a valid form of ID, for example driving licence, passport, debit card or credit card. Please note that orders will be not released to courier companies or third parties who are unable to provide the correct information needed to verify them.
6.8 If you would like your order to be collected by someone else on your behalf they will need to bring photographic ID and the order confirmation email (printed or electronic). The branch will take down the vehicle registration and a copy of their ID will be taken as proof of collection before the goods are released.
Risk in the goods shall pass to the customer on completion of delivery or seven days after we notify the customer that the goods are available for collection, whichever first occurs.
All quotations are valid for thirty days only. All prices are subject to change without notice. The price charged for goods will be that ruling on the date of order. Unless otherwise specified, VAT and any other tax or duty payable by the customer will be added to the price. All Goods delivered by the company, unless the company has been advised by the customer that the order is to be discontinued, are deemed to be accepted by the customer at the price shown on the invoice.
On approved credit accounts payment of invoices must be made in full without any deduction or set-off on or before the last day of the month following the date of invoice and time shall be of the essence. Any extension of credit allowed to the customer may be changed or withdrawn at any time. Should there be any default with a due payment, the entire balance of the credit account shall be payable forthwith. In addition the company may terminate the contract due to late payment, and that of any related credit account. We may at any time set off any amount owing to us by the customer against any amount payable by us to the customer.
Interest shall be payable on overdue accounts at the rate of 3% per annum above the base rate of HSBC Bank plc and will accrue from day to day from the due date for payment until receipt by us of the full amount, whether before or after judgement. In addition the customer must reimburse us for any expenses reasonably incurred by us in the collection of overdue payments. Without affecting any other remedies, failure by the customer to make payment in full when due, shall entitle us to withhold further deliveries under any contract with the customer and to make further deliveries subject to such conditions as to payment as we may decide are appropriate.
11.1 Goods shall remain our property until the customer has paid (in cleared funds) all sums due to us on any account whatsoever. Until that time the customer must [hold them as bailee and] store them in such a way that they can be identified as our property.
11.2 Although the goods remain our property until paid for, they shall be at the customer’s risk from the time of delivery and the customer must insure them against loss or damage accordingly.
11.3 The customer’s right to possession of the goods shall cease if:
11.3.1 the customer has not paid for the goods in full by the expiry of any credit period allowed by this contract;
11.3.2 the customer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement;
11.3.3 a receiver, administrative receiver, liquidator or administrator is appointed in respect of the customer’s business.
11.4 On cessation of the customer’s right to possession of the goods, the customer must at his own expense make the goods available to us and allow us to repossess them.
11.5 The customer grants us, our agents and employees an irrevocable licence to enter any premises where the goods are stored in order to repossess them or inspect them at any time.
11.6 The customer will indemnify us against any liability in regard to any damage caused to premises or vehicles should repossession become necessary, where the damage could not reasonably be avoided.
Unless expressly agreed in writing by us, all drawings, designs, specifications and particulars of weights and dimensions put forward by us in promotional material or otherwise are approximate only and we shall have no liability in respect of any deviation from them.
13.1 Nothing in these conditions shall limit or exclude our liability for:
13.1.1 death or personal injury caused by negligence;
13.1.2 fraud or fraudulent mispresentation; or
13.1.3 any matter in respect of which it would be unlawful to exclude or restrict liability.
13.2 We shall not be liable to the customer:
13.2.1 for shortages in quantity delivered, unless the customer notifies us in writing within three days of receipt of the goods;
13.2.2 for damage to or loss of goods or part of a consignment in transit (where the goods are carried by our own transport or by a carrier on our behalf), unless the customer notifies us and the carrier (if any) in writing of any claim within ten days of receiving the goods or the scheduled date of delivery if earlier;
13.2.3 for defects in the goods caused by any act, neglect or default of the customer or any third party;
13.2.4 for defects in the goods if the customer is unable to produce on request satisfactory proof of purchase of the goods from us;
13.2.5 for defects in the goods which would have been apparent on inspection or testing before incorporation into building works and the customer did not make such inspection or tests;
13.2.6 for defects in the goods to the extent that the manufacturer of the goods has limited its liability and such limitation has been advertised or announced in trade literature or may otherwise be deemed to be known to the customer.
13.3 Subject to condition 13.1:
13.3.1 we shall under no circumstances whatever be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit , or any indirect or consequential loss arising under or in connection with the contract; and
13.3.2 our total liability to the customer in respect of all other losses arising under or in connection with a contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1m (one million pounds sterling).
14 Countermands and Returns
14.1 We cannot accept returns or countermands of goods obtained or made, or to be obtained or made, specially to the customer’s requirements.
14.2 We shall be under no obligation to accept the return of goods in good order and condition, but if we agree to do so, we reserve the right to make a handling charge of 20% of the invoice price.
14.3 Our drivers have instructions not to accept the return of goods without written authority. Goods returned without our prior written approval may, at our absolute discretion, be returned to the customer or stored at the customer’s cost, without limiting any other remedy we may have.
14.4 We shall be under no obligation to accept countermands and cannot agree to do so in the case of goods ready for dispatch or in the process of manufacture.
14.5 We shall be under no obligation to issue a credit note for goods and cannot agree to do so unless proof of purchase can be made.
15.1 Subject to these conditions of sale we warrant that we will make good any shortage or non-delivery, and/or as appropriate and at our option, replace, or repair, any goods found to be damaged, or which are defective by reason of faulty materials or workmanship, and provided that notice of the defect is given to us within ten days of delivery.
15.2 Subject to condition 13.1, all other conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are excluded.
16 Withdrawal of Products
We will normally give prior warning of the withdrawal of a product or product line but shall not be under any legal obligation to do so. We cannot guarantee continuity of supply of any particular product or product line.
17 Confidentiality of Technical Information etc.
All knowhow, samples, models, designs and drawings relating to the goods or their development or creation are strictly confidential and shall remain our property (whether or not commissioned by the customer). The customer must not copy, use or disclose them or any part of them, without prior written consent.
18 Samples and Descriptions
18.1 Our providing of samples for analysis by the customer, or inspection of samples by the customer, shall not render any sale a sale by sample.
18.2 No guarantee, or warranty, is given that supplies will correspond exactly to the description or sample. The use of a description or sample shall not constitute the contract a sale by description and/or sample.
We shall be entitled to claim reasonable tolerances in respect of the goods and reserve the right to make adaptations to goods supplied by us due to technical developments. We give no condition or warranty that the goods are fit for any particular purpose for which the customer may require them. The customer must satisfy itself before ordering the goods that the goods are fit and suitable for the purpose for which the customer requires them.
20 Packaging and Containers
20.1 Where marked or invoiced as returnable, charges for crates, cases or packing will be refunded if they are returned to us carriage paid clean in good condition within 28 days of delivery.
20.2 Where goods are sold packed the extent of packing and/or protection necessary will be at our discretion. Any special packing stipulated by the customer will be charged to the customer’s account. Any goods sent unpacked at the customer’s request will be at the risk of the customer.
21 Specially Made goods
Where we manufacture or supply any goods or services in accordance with any specification, drawings, designs, sketches, instructions or directions submitted by the customer:
21.1 the customer agrees to indemnify us against all damages, losses, costs, claims or expenses we incur in connection with any claim made against us for infringement of the rights of any third party in the execution of the customer’s order;
21.2 any minor additions, omissions or defects which do not materially affect commercial or domestic use of the goods will not entitle the customer to refuse delivery;
21.3 we shall be under no liability to the customer in respect of any defect in the goods arising from any specification, drawing or design supplied by the customer.
22 Installation and Fitting
Where we have agreed to effect any installation, fitting or maintenance of goods supplied by us:
22.1 the customer must, at its own expense, provide suitable access to its premises and to the goods and other equipment to which the goods are to be fitted, suitable protection for the goods at all times after delivery, adequate lighting and power and all other facilities which we may reasonably require;
22.2 if for any reason installation, fitting or maintenance cannot be commenced at the time of delivery at the agreed time, as the case may be, the costs incurred by us as a result, including storage, unloading, and attendance of our employees and otherwise, is to be payable by the customer on demand.
23 Health and Safety
The customer shall be responsible for ensuring that all Statutory, Government or Local Authority regulations are complied with in relation to the use of any goods purchased from us. The customer shall ensure that all Instructions, Hand Books, Notices and Warnings issued with the goods are properly understood and complied with at all times by all persons using the goods or working within close proximity to them.
24 Insolvency and Default
If the customer:
24.1 shall convene a meeting of its creditors; or
24.2 shall be the subject of a proposal for a voluntary arrangement within Part 1 of the Insolvency Act 1986; or
24.3 shall be subject of any other proposal for any composition, scheme of arrangement with, or assignment for, the benefit of its creditors; or
24.4 shall be unable to pays its debts within the meaning of section 123 of the Insolvency Act 1986; or
24.5 shall have a trustee, receiver or administrative receiver or similar officer appointed in respect of all or any part of its business or assets; or
24.6 shall be subject to a petition presented for its winding up or for the making of an administration order; or
24.7 shall cease to carry on, or shall threaten to cease to carry on, its business or any substantial part of its business; or
24.8 shall convene a meeting, or be the subject of a meeting convened, for any of the foregoing purposes; or
24.9 shall commit any breach of the contract or any other contract between us and the customer; or
24.10 shall exceed the authorised credit limit with the company, or the company has serious concerns as to the customer’s solvency,
we may without affecting any of our other rights stop any goods in transit and/or suspend further deliveries and/or by notice in writing to the customer immediately end the contract.
25 Force Majeure
Notwithstanding any other of these conditions, we shall not be liable to the customer for any loss or damage which may be suffered by the customers, as a direct, or indirect, result of the supply of goods by us being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond our reasonable control (“force majeure event”) including (but not limited to):
25.1 act of God, war, riot, strike, lockout, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm; or
25.2 difficulty or increased expense in obtaining labour, materials or transport, or other circumstances affecting the supply of goods or of raw materials by our normal course of supply, or the manufacture of the goods by our normal means, or the delivery of the goods by out normal route or means of delivery.
Failure on our part to enforce or exercise any of our rights shall not be treated as a waiver of any of our rights nor operate so as to bar the exercise or enforcement of them at any later time.
27 Third party rights
A person who is not a party to a contract shall not have any rights to enforce its terms.
We reserve the right to sub-contract the whole or part of the contract.
The customer must not assign or purport to assign any contract without our prior consent in writing.
30 Governing Law
These terms and condition shall be governed by and construed in accordance with the laws of England and the parties submit to the jurisdiction of the English Courts.
- 5% off first purchase through the website.
- Valid per person, per order. If you have already purchased through the website, you will not be able to claim 5% discount on your order.
- This promotion cannot be used in conjunction with any other promotion. Eg: 10% discount via email.
When making a payment online via card you will be redirected to World Pay to input your billing and card details, once approved your money will be debited from your account. We accept most major credit and debit cards. All of our payments are processed securely through World Pay. We do not store any sensitive card details on our servers.
Your orders will be processed Monday to Friday. If the order is placed before 2pm, then we will endeavour to dispatch the item on the same day, so you will receive the item the next working day. However, sometimes this is subject to availability and the couriers that we use. It may not be possible in all circumstances but we will contact you if there are any issues. We are closed every weekend and all UK Public Holidays and during our shutdown period from the 19/12 to 04/01 each year.
We don’t send anything by standard post, all our deliveries are by trusted couriers which are fully traceable to ensure your orders arrive safe and on time. Providing your product is in stock and your order was placed, confirmed and paid for prior to our dispatch cut-off time, you should receive your order the following day to any UK mainland address. We cannot be held responsible for late delivery due to courier companies. We intend to provide tracking numbers for all deliveries, however in some cases where goods are shipped directly from our suppliers it can take us some time to receive the tracking information, once you receive an email notifying you that your order has been dispatched, it should arrive the next day by 17:00 hours. In the extremely unlikely event that your order does not arrive by this time, please contact our sales team who will be happy to trace your order.
Order before 2pm on weekdays for next day delivery. This applies to in-stock items only. If there are any issues with stock or getting your product to you, we will contact you as soon as possible. Items on back-order will not be eligible for next day delivery.
Out of stock orders
If you order an item and it is out of stock we will still process your order. We will contact you to let you know your product is out of stock and we will offer you the opportunity to choose an alternative product(s) or cancel your order. We will also provide you with an approximate delivery date for your out of stock item(s). If orders are cancelled, we may still charge a cancellation fee if the goods have proceeded to production, or our suppliers bill us a cancellation fee. Please call our office for accurate lead times. Made to order goods are subject to up to 50% cancellation fee, if products have been fully manufactured and are beyond cancellation we reserve the right to charge 100% of the cost and will continue to complete delivery of the order.
Any goods purchased must be returned within 28 days of purchase.
Please ask us for the returns address.
All returns must be confirmed by us prior to you returning them.
A Returns Authorisation Code must be obtained from us before returning your item(s) Please contact us for this.
Products being returned or cancelled are subject to a minimum of 15% handling fee of the original price of goods (excluding shipping) and a maximum of 50% unless made to order (see below conditions relating to custom built goods). All shipping costs are to be covered by the customer unless in the event of faulty goods. If returning a product for an alternative with a different price we will either return the difference (less the handling fee) or request the difference if the new product is more expensive. We regret that we must charge all non-faulty goods returned 15-50% handling fee (depending on product group) (made to order goods subject to above returns restocking fees), we are charged this by our suppliers also and do not make profit on these. Faulty goods can be returned for repair. If the repair is unsuccessful, then a replacement will be provided. If the product is still unfit then a full refund may be given.
Custom Built goods or products built to order may be subject to a return/restocking fee up to 100%. (See above custom made returns.)
Spare parts are subject to a 50% return/restocking fee.
We regret that we are unable to accept returned goods in a ‘used’ condition. Additionally, none of the goods to be returned should have been removed from their original packaging. They must be in their delivered state, unused and unmarked and in a sellable condition.
When returning goods that we believe have been ‘used’, it is the decision of management to assess the condition of the goods and consult the manufacturers in order to achieve a decision. Further details of this process can be requested by contacting our team.
By law we have to charge all customers in the UK 20% VAT on all items including shipping. If you are in the EU to become VAT exempt you must provide a valid European VAT number. All exports outside the EU are VAT exempt.
We use a 100% safe and secure virtual terminal Rest assured you are safe and secure when shopping with us. We process all cards using World Pay.
By accessing and or placing an order on our Website you are automatically subject to all the above terms and conditions.
Our Website is operated by:
CLM Construction Supplies Ltd
Unit 14 Barton Industrial Estate
We try to ensure all of our products are described to the upmost accuracy. We try to maintain all current prices and keep them up to date. CLM Construction Supplies Ltd cannot be held responsible for customers placing incorrect orders. We may make changes to prices and product descriptions at any time without any given notice. We are not liable to ensure you are using your equipment safely, this is the user’s responsibility. We cannot be held responsible for a customer purchasing lifting equipment of the wrong desired specification of incorrect duty cycle rating. We recommend that our equipment is only used by competent persons that have been trained in the safe and suitable operation of that product. Our product descriptions may not state the improper uses or implications of improper use of our goods. It is the responsibility of the user to ensure goods supplied by us are used in the correct and safe manor.