Cure It C11D Closure (Compatible with D260)

5.1 You are to pay us in cash or in cleared funds on or prior to delivery, unless you have an approved credit account.

5.2 Business customers only: If you have an approved credit account, payment is due net monthly, that is at the end of the month following the month of the date of our invoice, unless otherwise agreed in writing.

5.3 If you fail to pay us in full on the due date we may:

5.3.1 suspend or cancel future deliveries;

5.3.2 cancel any discount offered to you;

5.3.3 Business customers only: charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;

a. calculated (on a daily basis) from the date of our invoice until payment;

b. before and after any judgment (unless a court orders otherwise);

5.3.4. Consumers only: Charge you interest at a rate equivalent to the rate set for business debts under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;

5.3.5 claim fixed sum compensation from you under s.5A of the Late Payment of Commercial Debts (Interest) Act 1998 to cover our credit control overhead costs; and

5.3.6 recover (under clause 5.8) the full costs of taking legal action to make you pay as well as any ancillary costs or fees payable in connection with such legal action.

5.4 If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may take any of these actions at any time and without notice.

5.5 Business Customers only: you do not have the right to set off any money you may claim from us against anything you may owe us.

5.6 Consumers only: you may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.

5.7 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).

5.8 You are to fully and  promptly indemnify us  and hold us indemnified from and against all losses, expenses and liabilities we may incur (directly or indirectly and including finance costs, legal costs on a full indemnity basis and the costs of instructing a debt collection agency to recover a debt due to us if any) following any breach by you of any of your obligations under these terms and/or the contract between us.

5.9 Consumers only: clause 5.8 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.

10. Return of goods

10.1 Unless such return of goods is expressly permitted under the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013  (‘the Regulations’) in accordance with clause 11.4, we will accept the return of goods from you only:

10.1.1 by our prior agreement (which must be confirmed in writing by us);

10.1.2 on payment by you of an agreed handling charge (unless the goods were defective when delivered); and

10.1.3 where the goods are as fit for sale on their return as they were on delivery.

11. Cancellation

11.1 Unless cancellation is expressly permitted under the Regulations in accordance with clause 11.4, you may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.2 then apply).

11.2 If the order is cancelled (for any reason) you are then to pay us for all stock, goods and materials (finished or unfinished) that we may then hold (or to which we are committed) for the order.

11.3 We may suspend or cancel the order, by written notice if:

11.3.1 you fail to pay us any money when due (under the order or otherwise);

11.3.2 you become insolvent;

11.3.3 you fail to honour your obligations under these terms.

11.4 Consumers only:  In the case of internet, brochure and phone sales a consumer shall have fourteen  days within receipt of goods or upon agreeing to proceed with a contract for services, to cancel the same whereupon any goods must in all cases be returned to us at the same branch of Howarth Timber they were collected from or ordered from (unless collection is arranged in accordance with clause 11.7) with you being fully liable for all costs incurred directly or indirectly in connection with such return ;

11.5 Consumers only:  For the avoidance of doubt the right to cancel specified in clause 11.4 shall not apply in respect of any services provided within the fourteen day period referred to;

11.6 Consumers only: For the avoidance of doubt the right to cancel specified in clause 11.4 shall not apply in respect of any goods made to personal specification in accordance with clause 9;

11.7 Consumers only:  In the event that you  seek to cancel the contract in accordance with clause 11.4, you  must  email our Customer Services Team at [email protected] with a duly completed Cancellation Form (the form of which will be supplied by our Customer Service Team upon request) and confirm such cancellation in writing to the same branch of Howarth Timber that the goods were collected from or ordered from  to organise collection or confirm that goods are to be returned. All goods to be returned must be notified to  our Customer Services Team and returned within 14 days from the date of delivery or collection. No goods will be accepted for return if not notified and returned as aforesaid. A charge for collection will be made should you request branch collection by us. This charge will be waived if you return goods to the branch yourself. Goods must be unused and in the same condition as when delivered, in the original packaging and, if we are to collect, be available for the driver to collect from the roadside (with all necessary assistance provided by you). Refunds will be made within 14 days of collection and return of goods provided that you have complied with the provisions of these terms,