Thames Fixings and Fasteners
    Suppliers to the trade and general public of:
  • Architectural Ironmongery
  • Construction Fixings
  • Industrial Hosing
  • Tel: 01235 511711
  • Fax: 01235 511710
  • @thamesfixings
  • Tel: 01235 511711
  • Fax: 01235 511710
  • Email

Thames Fixings and Fasteners LTD Terms and Conditions

  • 1. DEFINITIONS

  • 1.1. When the following words with capital letters are used in these Terms, this is what they will mean:
  • Contract: the contract between Us and you that is in place once We accept your Order and which is governed by these Terms;
  • Event Outside Our Control: is defined in clause 9.2;
  • Goods: the goods that We are selling to you as set out in the Order;
  • Order: your order for the Goods;
  • Special Item Goods: Goods not held by Us as stock items;
  • Terms: the terms and conditions set out in this document; and
  • We/Our/Us: Thames Fixings & Fasteners Limited a company registered in England and Wales with company number 01182122 whose registered office address is at Gooch Off Collett, Southmead Industrial Estate, Didcot, Oxfordshire OX11 7TA.
  • 1.2. When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
  • 2. OUR CONTRACT WITH YOU

  • 2.1. These Terms are the terms and conditions on which We supply Goods to you.

  • 2.2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and or submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.

  • 2.3. When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this in writing or verbally if over the counter and We will not process the Order.
  • 2.4. These Terms will become binding on you and Us when We issue you with a written or verbal acceptance of an Order, or if later, once Goods are delivered to you.
  • 3. DELIVERY OF GOODS

  • 3.1. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands.
  • 3.2. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
  • 3.3. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Our responsibilities when this happens. We will not be liable to you in the event of your failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
  • 3.4. If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours.
  • 3.5. If no one is available to take delivery at the delivery address given to Us by you and we are unable to contact you for instructions, We will return the Goods to Our premises, in which case, please contact us to rearrange delivery at your cost.
  • 3.6. If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver Order in instalments. We will not charge you extra delivery costs for this.
  • 3.7. In respect of consumer customers only (not applicable to business customers), if you choose to cancel your Order for late delivery, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery (if the Goods you ordered are either or Special Item Goods and you cancel an Order for late delivery, then you will have to pay for all of our costs in respect of the bespoke or Special Item Goods to the time of cancellation).
  • 3.8. Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you or a carrier organised by you collect them from Us and the Goods will be your responsibility from that time.
  • 3.9. For consumer customers only, You own the Goods once We have received payment in full.
  • 4. RISK AND TITLE - BUSINESS CUSTOMERS ONLY

  • 4.1. The risk in the Goods shall pass to the customer on completion of delivery.
  • 4.2. Title to the Goods shall not pass to the customer until the earlier of:
    • (a) the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and
    • (b) the customer resells the Goods, in which case title to the Goods shall pass to you at the time specified in clause 4.4.
  • 4.3. Until title to the Goods has passed to the customer, you shall:
    • (a) store the Goods separately from all other goods held by the you so that they remain readily identifiable as the Supplier's property;
    • (b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
    • (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
    • (d) notify the Supplier immediately if it becomes subject to any of the events listed in clause 11.3; and
    • (e) give the Supplier such information relating to the Goods as the Supplier may require from time to time.
  • 4.4. Subject to clause 4.5, you may resell or use the Goods in the ordinary course of your business (but not otherwise) before the Supplier receives payment for the Goods. However, if you resell the Goods before that time:
    • (a) you do so as principal and not as the Supplier’s agent; and
    • (b) title to the Goods shall pass from the Supplier to you immediately before the time at which resale by you occurs.
  • 4.5. If before title to the Goods passes to you, you become subject to any of the events listed in clause 11.3, then, without limiting any other right or remedy the Supplier may have:
    • (a) your right to resell the Goods or use them in the ordinary course of your business, ceases immediately; and
    • (b) the Supplier may at any time:
      • (i) require you to deliver up all Goods in your possession which have not been resold, or irrevocably incorporated into another product; and
      • (ii) if you fail to do so promptly, enter any premises of yours or of any third party where the Goods are stored in order to recover them.
  • 5. IF THE GOODS ARE FAULTY

  • 5.1. CONSUMER CUSTOMERS ONLY

  • In respect of consumer customers only (not applicable to business customers), as a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  • BUSINESS CUSTOMERS ONLY

  • 5.2. The Supplier warrants that on delivery, the Goods shall:
    • (a) conform in all material respects with their description and any applicable Specification;
    • (b) be free from material defects in design, material and workmanship; and
    • (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
    • (d) be fit for any purpose held out by the Supplier.
  • 5.3. You have 48 hours to inspect the Goods, after which, subject to clause 5.4, if:
    • (a) you give notice in writing to the Supplier within 3 days of delivery of any shortages and within 5 days of any defects of the Goods which mean that they do not comply with the warranty set out in clause 5.2;
    • (b) the Supplier is given a reasonable opportunity of examining such Goods; and
    • (c) you (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the customer's cost,
  • the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
  • 5.4. The Supplier shall not be liable for Goods' failure to comply with the warranty set out in clause 5.2 in any of the following events:
    • (a) the customer makes any further use of such Goods after giving notice in accordance with clause 5.3;
    • (b) the defect arises because the customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
    • (c) the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the customer;
    • (d) the customer alters or repairs such Goods without the written consent of the Supplier;
    • (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
    • (f) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
  • 5.5. Except as provided in this clause 5, the Supplier shall have no liability to the customer in respect of the Goods' failure to comply with the warranty set out in clause 5.2.
  • 5.6. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
  • 5.7. These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
  • 6. PRICE AND PAYMENT

  • 6.1. The price of the Goods will be set out in Our price list in force at the time We despatch your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
  • 6.2. These prices exclude VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
  • 6.3. The prices for the Goods exclude delivery costs, which will be added to the total amount due.
  • 6.4. Where We are providing Goods to you, unless you have a credit account with Us, you must make payment for Goods in advance by credit or debit card. Where you have a credit account with Us, your invoice must be paid by the end of the month following the month the invoice is dated.
  • 6.5. If you do not make any payment due to Us by the due date for payment, We may charge compensation and or the costs of recovering the debt and interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us compensation, costs and interest together with any overdue amount.
  • 6.6. However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.5 will not apply for the period of the dispute.
  • 7. OUR LIABILITY TO YOU AS A CONSUMER - (NOT APPLICABLE TO BUSINESS CUSTOMERS)

  • 7.1. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
  • 7.2. We do not exclude or limit in any way Our liability for:
    • (a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
    • (b) fraud or fraudulent misrepresentation;
    • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    • (d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
    • (e) defective products under the Consumer Protection Act 1987; and
    • (f) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
  • 8. OUR LIABILITY TO YOU AS A BUSINESS - (NOT APPLICABLE TO CONSUMER CUSTOMERS)

  • 8.1. Nothing in these Conditions shall limit or exclude the Supplier's liability for:
    • (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
    • (b) fraud or fraudulent misrepresentation;
    • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
    • (d) defective products under the Consumer Protection Act 1987; or
    • (e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
  • 8.2. Subject to clause 8.1:
    • (a) the Supplier shall under no circumstances whatever be liable to you, 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
    • (b) the Supplier's total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
  • 9. EVENTS OUTSIDE OUR CONTROL

  • 9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
  • 9.2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
  • 9.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
    • (a) We will contact you as soon as reasonably possible to notify you; and
    • (b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
  • 9.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10.
  • 10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND - (NOT APPLICABLE TO BUSINESS CUSTOMERS)

  • Before the Goods are delivered, (except in relation to bespoke or Special Item Goods where if you cancel you will be responsible for the costs incurred by the Supplier to the date of cancellation) you have the following rights to cancel an Order for Goods, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms to your material disadvantage:
    • (a) Where orders are made by phone or e-mail, you may cancel any Order for Goods at any time before We despatch the Goods and within 14 calendar days of placing an Order by telephone or e-mail, by contacting Us. We will confirm your cancellation in writing to you;
    • (b) if you cancel an Order under clause 10.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
    • (c) unfortunately, if you cancel an Order made by phone or e-mail for Goods under clause 10.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
  • 11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

  • CONSUMER CUSTOMERS ONLY

  • 11.1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
    • (a) we will promptly contact you to let you know; and
    • (b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
  • BUSINESS CUSTOMERS ONLY

  • 11.2. If you become subject to any of the events listed in clause 11.3, the Supplier may terminate the Contract with immediate effect by giving written notice to you.
  • 11.3. For the purposes of clause 11.2, the relevant events are:
    • (a) you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admits inability to pay your debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
    • (b) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
    • (c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the company;
    • (d) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
    • (e) (being a company) the holder of a qualifying floating charge over the company's assets has become entitled to appoint or has appointed an administrative receiver;
    • (f) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
    • (g) (being an individual) you are the subject of a bankruptcy petition or order;
    • (h) a creditor or encumbrancer of you attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
    • (i) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 11.3(a) to clause 11.3(f) (inclusive);
    • (j) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
    • (k) your financial position deteriorates to such an extent that in the Supplier's opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
    • (l) (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
  • 11.4. Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and you if you become subject to any of the events listed in clause 11.3(a) to clause 11.3(l), or the Supplier reasonably believes that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
  • 11.5. On termination of the Contract for any reason you shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest.
  • 11.6. Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
  • 11.7. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
  • 12. RETURNS (BUSINESS CUSTOMERS ONLY)

  • We will not accept the return of any Goods without its prior approval. Where Goods which are returned for credit owing to error on the part of the Buyer, We shall be entitled to charge a restocking value of a minimum of 15% providing that the Goods are in perfect saleable condition. If there are not in perfect saleable condition (as to which We shall be the sole judge) the goods will be made available for collection and no credit issued. The return or cancellation of bespoke or Special Item Goods (whether being complete or in manufacture) will not be permitted unless Our supplier agrees to the return or cancellation. In this event You will have to pay for all our costs incurred in respect of the return or cancellation on top of our standard restocking charge.
  • 13. INFORMATION ABOUT US AND HOW TO CONTACT US

  • 13.1. We are a company registered in England and Wales with company number 01182122 whose registered office address is at Gooch Off Collett, Southmead Industrial Estate, Didcot, Oxfordshire OX11 7TA. Our registered VAT number is 200445716.
  • 13.2. If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01235 511 711 or by e-mailing us.
  • 13.3. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by hand, or by pre-paid post to Thames Fixings & Fasteners Limited at Gooch Off Collett, Southmead Industrial Estate, Didcot, Oxfordshire OX11 7TA or by e-mail. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
  • 14. HOW WE MAY USE YOUR PERSONAL INFORMATION

  • We will use the personal information you provide to Us to:
    • (a) provide the Goods;
    • (b) process your payment for such Goods; and
    • (c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
  • 14.2. You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
  • 14.3. We will not give your personal data to any other third party.
  • 15. OTHER IMPORTANT TERMS

  • 15.1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
  • 15.2. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
  • 15.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • 15.4. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
  • 15.5. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
  • 15.6. This sub-clause is only applicable if you are a consumer (does not apply to business customers) - If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.