This web site is owned by and operated on behalf of Carver (Wolverhampton) Ltd, registered in England & Wales under company number 164692 and with its registered office at LITTLES LANE, WOLVERHAMPTON, WV1 1JY.

These are the conditions of use of this web site. By viewing and using this web site you indicate your acceptance of these conditions and agree to be bound by them.

1. The material and information on this web site is directed solely at and is to be used only by persons who access it from within the United Kingdom. This web site, all its content and any contract brought into being as a result of use of this web site is governed by and construed in accordance with English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the English courts.

2. The release, publication or distribution of the information contained on this web site in jurisdictions outside the United Kingdom may be restricted by law. Persons in a jurisdiction outside the United Kingdom from which this information is accessed, published or distributed should inform themselves about and observe such restrictions and are responsible for compliance with any local laws (to the extent that they may be applicable).

3. Although Carver (Wolverhampton) Ltd has taken reasonable care to ensure that the information on this web site is accurate, neither Carver (Wolverhampton) Ltd nor its affiliated companies nor any of their respective employees or representatives make any warranty of any kind (expressed or implied) as to, or assume any legal liability for, (in each case to the extent permitted by law), the accuracy, completeness, currency or reliability of any information contained on this web site, nor do they accept any liability to keep the information contained on this web site up to date.

4. By accessing this web site you agree that, to the extent permitted by law, in no event shall Carver (Wolverhampton) Ltd nor any of its affiliated companies nor any of their respective employees or representatives be liable for any loss or damage arising out of or in connection with the use of the information or hyperlinks available on this web site.

5. In the event that Carver (Wolverhampton) Ltd is held liable for any loss or damage, you further agree that Carver (Wolverhampton) Ltd will not be liable for any indirect, special or consequential loss or damage which arises from your use of the web site for any and all purposes or from reliance on any part of it.

6. Carver (Wolverhampton) Ltd reserves the right to revise this web site or withdraw access to part or all of it at any time.

7. Carver (Wolverhampton) Ltd and its affiliated companies have not reviewed, are not responsible for, do not endorse the content of, and accept no liability in respect of any information contained on any web site that is referenced by a link from this web site or which may be linked to this web site. Links to other web sites are provided for your convenience only. If you decide to access other web sites through any such link, you do so at your own risk and will be bound by any terms and conditions of use which that other site may impose on its users. Any dealings you may have with any third party are your responsibility and Carver (Wolverhampton) Ltd accepts no responsibility to assist in the resolution of any dispute which may ensue. Carver (Wolverhampton) Ltd will not be liable for any loss or damage which you may suffer as a result of your dealings with any third party.

8. The copyright in all web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this web site is the property of Carver (Wolverhampton) Ltd and its affiliates, or their content and technology providers. Any use of materials on this web site, including reproduction, modification, distribution or republication, without our prior written permission is strictly prohibited. All brand names used in the web site are trade marks or trade names of their respective holders. No permission is given in respect of the use of any of these names or titles and moreover any such use may constitute an infringement of the holders' rights.

9. Should any of these conditions be determined to be illegal, invalid or otherwise unenforceable due to the laws of any state or country in which these conditions are intended to be effective, then to the extent and within the jurisdiction which that condition is illegal, invalid or unenforceable, it shall be severed and deleted from these conditions and the remaining conditions will survive, remain in full force and effect and continue to be binding and enforceable.

10. Nothing in these conditions affects your statutory rights.

ACCEPTANCE. Quotations are made and goods supplied on the basis of the following Conditions which shall be deemed to be incorporated in every contract made pursuant to such quotation or order for the supply of goods.

1. GENERAL.
(a) These terms and conditions shall apply to all trading between us and the customer. Acceptance by us of your order is conditional upon acceptance by you of the following conditions which override all other terms or conditions inconsistent therewith, express, implied or otherwise.
(b) Any variation of these conditions shall only be binding if agreed by a director in writing. Any stipulation of conditions on a customer's order form shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by a director in writing when acknowledging the order in question.

2. QUOTATIONS.
Quotations may be withdrawn at any time before receipt of the customer's acceptance and shall be deemed to be withdrawn if acceptance is not received within thirty days from the date of quotation.

3. FORCE MAJEURE.
Deliveries may be totally or partially suspended by the Company during any period in which the Company may be prevented or hindered from manufacturing, supplying or delivering the goods as a result of acts of God, fire, accidents, war, strikes, lock-outs or other contingencies beyond the Company's control whether of the same nature as the foregoing or not. Any goods the delivery of which has been so totally or partially suspended shall be accepted by the Buyer at the rate of delivery specified in the order but commencing as soon as the Company is no longer prevented or hindered from manufacturing supplying and delivering the goods.

4. DEFECTIVE GOODS.
Except in the case of a person trading or dealing with us as a Consumer as defined by the provisions of the Unfair Contract Terms Act 1977, any goods supplied will be replaced or repaired free of charge or in our absolute discretion the purchase price refunded if we are satisfied that they were defective in material or workmanship upon delivery and provided notice of the defect is given to us within fourteen days of delivery and the goods are returned to our works carriage paid provided that we accept no liability in regard to the cost of taking out, refixing or making good other materials.
The above obligation is undertaken in lieu of all terms, conditions or warranties express or implied whether of Statute or otherwise which are hereby expressly excluded and no liability is accepted by us for loss or damage of any kind direct or indirect whether arising by reason of our negligence or otherwise.
Without prejudice to the foregoing in so far as any manufacturer limits its liability in respect of such goods or of any consequential liability in connection therewith the same limitation (a copy of which will be provided on request) shall apply to our liability on the sale by us of such goods and shall be accepted by you in lieu of all other conditions or warranties express or implied, statutory or otherwise, which are hereby expressly excluded.
Our total liability hereunder for all and any loss arising whether directly or indirectly from whatever reason shall be limited to the contract price for the goods.

5. TITLE AND RISK.
(a) The goods shall be at risk of the customer as from the time when they are ready for delivery.
(b) The property in the goods shall not pass to the customer but shall remain vested in us until all sums owing from the customer to us on whatsoever grounds shall have been paid and until such time the customer shall hold the goods on trust for us. Such sums shall not be treated as paid until all cheques, bills or other instruments of payment given to us by the customer have been met or honoured in accordance with their terms.
(c) The customer shall if so required store, mark or designate all goods referred to in sub- clause (b) hereof so as clearly to show that they are our property.
(d) If the customer shall default in the punctual payment of any such sums due to us we shall be entitled to enter any premises in the occupation of the customer or to which he had access and where the goods may then be situate.
(e) The customer shall not pledge or allow any lien or charge to arise over the goods or the documents of title thereto and shall not deal with them otherwise than in the ordinary course of the customer's business.
(f) In the event of any sale or disposition of the goods by the customer the customer shall hold on trust for us (i) If the goods have not been mixed with or incorporated in or attached to other goods or land or buildings, the whole of the proceeds of the sale or disposition. (ii) If the goods have been mixed with or incorporated in other goods or have become attached to land or buildings, so much of the proceeds of sale as is equal to the price of the goods under this agreement.

6. DELIVERY.
(a) Delivery dates are estimates only and the time of delivery shall not be of the essence of the contract. We shall not in any event be liable to compensate the customer in damages or otherwise for any non-delivery or late delivery of goods or for any loss consequential or otherwise arising therefrom.
(b) We do not undertake to deliver or collect any load over road or ground which in our discretion we consider to be unsuitable. If a vehicle used for performing our contract with any customer deliveries or collects a load to or from a place situate off the public highway the customer is to be solely responsible for any damage or accident and is to indemnify us fully in respect thereof.
(c) If the customer wishes to claim that there is any shortage on delivery of any goods delivered or that the same have been damaged in transit he shall give notice in writing to us and to any railway or other carrier by whom the goods were delivered within three days after the delivery is made, failing which the goods shall be deemed to have been delivered undamaged and in accordance with the delivery documents.
(d) Unless otherwise expressly agreed in writing our prices only cover delivery and working on normal working days and during normal working hours. All deliveries made or work done at the customer's request on Bank holidays, Sunday and Saturday and outside normal working hours, will be subject to extra charges.
(e) In the event of any goods or any packing or container being delivered and deposited whether on the public highway or elsewhere the customer shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection of persons or property in relation to such goods packing or container and shall indemnify us in respect of all or any costs claims losses or expenses which we may incur as a result of such delivery.

7. INSPECTION OF GOODS.
The customer shall inspect the Goods immediately on delivery thereof and shall within fourteen days from such delivery give notice to us of any matter or thing by reason whereof the customer may allege that the Goods are not in accordance with the order. If the customer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the contract and the customer shall be deemed to have accepted the Goods accordingly.

8. REPRESENTATIONS.
Except in the case of a person trading or dealing with us as a Consumer as defined by the provisions of the Unfair Contract Terms Act 1977 (a) The customer is responsible for the suitability of the goods or materials ordered. (b) The Goods are supplied by us on the basis that they conform to the written terms and to any description contained in this document. No other representations, terms, conditions or variations of any sort whatsoever whether written or oral alleged to have been made or entered into by us or any servant or agent of ours shall be of any force or effect.

9. PAYMENT.
(a) Unless the sale is for cash or other credit terms have been expressly agreed all accounts are due for payment on the last day of the month following that in which goods are delivered
(b) We reserve the right to refuse to execute any order or contract if the arrangements for payment or the customer's credit are not satisfactory to us. In the case of non-payment of any account when due or in case there shall be any fault or refusal on the part of the customer to take due delivery of any goods or materials or in the case of death, incapacity, bankruptcy or insolvency of the customer or when the customer is a limited company in the case of liquidation or the appointment of a Receiver, then the purchase price of all goods and/or work invoiced and/ or delivered by us to the customer to date shall immediately become due and payable from the customer to us and in addition we are to have the right to cancel every contract made with the customer or to suspend or continue delivery of goods and materials at our option without prejudice to our right to recover any loss sustained. Interest at the rate of 5% per annum above Bank base rate shall be payable in respect of all sums outstanding
(c) The customer shall not be entitled to withhold payment of any amount payable under the agreement to us by reason of any dispute or claim by the customer in connection with the agreement nor shall the customer be entitled to set off against any amount payable under the agreement to us any amount which is not then due and payable by us or for which we dispute liability.

10. PRICE.
(a) Our quotations and prices are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of goods as at the time of delivery by such amount as may be necessary to cover any increase sustained by us after the date of the quotation or order in any direct or indirect costs of making, obtaining, handling or supplying the goods.
(b) Our quotations are based on prices applicable to the quantities specified. In the event of orders being placed for lesser quantities we shall be entitled to adjust the price of goods as ordered to take account of the variation in quantity.

11. SAMPLES.
Except in the case of a person trading or dealing with us as a Consumer as defined by the provisions of the Unfair Contract Terms Act 1977 samples submitted and illustrations in catalogues and trade literature must be accepted as showing type class and general character only without warranty or guarantee as to substance, performance, colour, size, thickness or shape.

11. RETURNS.
Goods ordered as specials from manufacturers (not stock items) cannot be returned for credit under any circumstances.
Stock items which are to be returned for credit must be returned to store within 30 days of purchase in good condition and a 10% handling charge will be made.
Goods cannot be returned by our transport unless the necessary collection note has been issued and a collection charge will be levied of at least £25.00 plus VAT.
Where the Company orders goods from a manufacturer to be made to the Customer's own specifications the Customer will be liable to recompense the Company for the cost of such goods if through no fault on the part of the Company the goods are no longer required by the Customer due to incorrect specifications being given by the Customer to the Company or any other cause.

12. VALUE ADDED TAX.
All quotations and offer prices are exclusive of Value Added Tax. V.A.T will be added to all invoices at the rate applying at the appropriate tax point.

1. DEFINITIONS
'We', 'Us' and 'Our' means Carver (Wolverhampton) Limited, Littles Lane, Wolverhampton , West Midlands, WV1 1JY
'You', 'Your' and 'Seller' means the person firm or company to whom the Purchase Order is addressed and any associated or subsidiary person firm or company responsible for executing the Order.
'Goods' means the materials, articles, works and services described in the Contract.
'Packaging' means any type of Packaging including bags, cases, carboys, cylinders, drums, pallets, tank wagons, and other containers.
'Authorised Officer' means Our employee Authorised, either generally or specifically, by Us to sign Our Purchase Order, confirmation of which may be obtained from our Finance Director.
'Authorised' means signed by one of Our Authorised Officers.
'Purchase Order' means Our Authorised Purchase Order having these General Conditions of Purchase on its reverse or attached to it or referring to these General Conditions of Purchase on its face.
'Order Amendment' means Our Authorised Order Amendment or series of Order Amendments, each Order Amendment having precedence over any earlier Order Amendment.

2. THE CONTRACT
You agree to sell and We agree to purchase the Goods in accordance with the Contract. The Contract shall comprise (in order of precedence): any Order Amendments, the Purchase Order, these General conditions of Purchase and any other document (or any document) referred to on the Purchase Order. The Contract shall not include any of Your conditions of sale, notwithstanding reference to them in any document. However, should this Contract be held by a court of competent jurisdiction to include Your terms and conditions of sale then in the event of any conflict or apparent conflict these General Conditions of Purchase shall always prevail over Your terms and conditions of sale. Delivery of Goods in response to a Purchase Order or Order Amendment shall be taken to imply that You have accepted the terms and conditions of this Contract.

3. PRICE
You will sell Us the Goods for the firm and fixed Price stated in the Contract. The Price shall include storage, packaging, insurance, delivery, installation and commissioning (as applicable) but shall exclude VAT.

4. VARIATIONS
We shall have the right, before delivery, to send You an Order Amendment adding to, deleting or modifying the Goods. If the Order Amendment will cause a change to the Price or delivery date then You must suspend performance of the Contract and notify Us without delay, calculating the new Price and delivery date at the same level of cost and profitability as the original Price. You must allow Us at least 10 working days to consider any new Price and delivery date. The Order Amendment shall take effect when but only if Our Authorised Officer accepts in writing the new Price and delivery date within the time You stipulate. If Our Authorised Officer fails to confirm the Order Amendment within the time You stipulate the performance of the Contract shall immediately resume as though the said Order Amendment had not been issued (except that We may still exercise Our right of cancellation in accordance with Condition 5).

5. OUR RIGHT OF CANCELLATION
In addition to Our other rights of cancellation under this Contract, We may cancel the Purchase Order and any Order Amendment thereto at any time by sending You a notice of termination. You will comply with any reasonable instructions that We have issued with regard to the Goods. For goods which you supply regularly and are not bespoke you will not submit a termination charge, for goods which you do not supply regularly or are bespoken and if You submit a termination claim then We will pay to You the cost of any commitments, liabilities or expenditure which in Our reasonable opinion were a consequence of this Contract at the time of termination. The total of all payments made or due to You under this Contract, including any termination payment, shall not exceed the Price. If You fail to submit a termination claim within one month of the date of Our notice of termination then We shall have no further liability under the Contract.

6. QUALITY AND DESCRIPTION
a. The Goods shall:
i. conform in every respect with the provisions of the Contract;
ii. be capable of all standards of performance specified in the Contract
iii. be fit for any purpose made known to You expressly or by implication and in this respect We rely on Your skill and judgment
iv. be new (unless otherwise specified on the Purchase Order) and be of sound materials and skilled and careful workmanship
v. correspond to their description or any samples, patterns, drawings, plans and specifications referred to in the Contract
vi. be of satisfactory quality
vii. comply with any current legislation or relevant codes of practice
b. There shall be no asbestos content in the Goods.
The items listed above shall not limit or waive Our rights under relevant legislation.

7. WORK ON OUR PREMISES
If the Contract involves any works or services which You perform on Our premises then the following conditions shall apply:
a. You shall ensure that You and Your employees, Your sub-contractors and their employees and any other person associated with You will adhere in every respect to the obligations imposed on You by current safety legislation and Our Health and Safety policies and procedures.
b. You shall ensure that You and Your employees, Your sub-contractors and their employees and any other person associated with You will comply with any regulations that we may notify to You in writing.
c. If the Contract involves physical work (as opposed to Consultancy etc.) You will complete in conjunction with our management a Permit to Work including a Risk Assessment prior to starting work. You shall be responsible for informing all Your operatives of the conditions within the Permit to Work, and that they work to within the Conditions of the Permit to Work and also to Health & Safety best practice.
d. The Company may at its discretion, require you to withdraw operatives who do not achieve the standards the Company requires.

8. PROGRESS AND INSPECTION
a. You shall at Your expense provide any programs of manufacture and delivery that We may reasonably require. You shall notify Us without delay in writing if Your progress falls behind or may fall behind any of these programs.
b. We shall have the right to check progress at Your works or the works of sub-contractors at all reasonable times, to inspect and to reject Goods that do not comply with the Contract. Your sub-contractors shall reserve such right for Us.
c. Any inspection, or approval shall not relieve You from Your obligations under this Contract

9. PACKAGING
Unless otherwise stated in the Contract, all Packaging shall be non-returnable. If the Contract states that Packaging is returnable, You must give Us full return instructions before the time of delivery. The Packaging must be clearly marked to show to whom it belongs. You must pay the cost of all carriage and handling for the return of Packaging. We shall not be liable for any Packaging lost or damaged in transit. Where Goods are delivered by road vehicle, available empty Packaging may be returned by the same vehicle.

10. SAFETY
You shall observe all legal requirements of the United Kingdom, European Union and relevant international agreements in relation to health, safety and environment, and in particular to the marking of hazardous Goods, the provision of data sheets for hazardous materials and all provisions relating to food. Hazardous Goods must be clearly marked and display the name of the material in English. Transport and other documents must include declaration of the hazard and the name of the material in English. The Goods must be accompanied by emergency information in English.

11. Delivery
a. The Goods shall be properly packed, secured and dispatched at Your expense to arrive in good condition at the time or times and the place or places specified in the Contract.
b. If You or Your carrier deliver any Goods at the wrong time or to the wrong place then We may deduct from the Price any resulting costs of storage or transport.
c. If we require you to deliver the Goods to a construction site You will ensure Your delivery driver(s) are properly trained and where necessary qualified to deliver goods to a construction site.

12. LATE DELIVERY
If the Goods or any part of them are not delivered by the time or times specified in the Contract then We may by written notice cancel any undelivered balance of the Goods. We may also return for full credit and at Your expense any Goods that in Our opinion cannot be used owing to this cancellation. In the case of services, We may have the work performed by alternative means and any additional costs reasonably so incurred shall be at your expense. In the case of the goods We may source the goods from alternate suppliers and any additional costs reasonably so incurred shall be at Your expense. This shall not affect any other rights that We have.

13. PROPERTY AND RISK
a. You shall bear all risks of loss or damage to the Goods until delivered and shall insure them accordingly.
b. Ownership of the Goods shall pass to Us:
i. when the Goods have been delivered and paid for in full but without prejudice to Our right of rejection under this Contract
ii. or if, whilst the Goods are still in Your possession, We have paid in full OR made any advance or stage payment, at the time such payment is made, in which case You must as soon as possible mark the Goods as Our property, but without prejudice to Our right of rejection under this Contract.
c. The company will assume Goods bought for re-sale are of acceptable quality, the Company will not inspect Goods within their re-sale packaging without limit to time. If either before or after we have re-sold the goods, the goods are found not to be of quality suitable for re-sale, the Seller shall compensate the Company for the Goods and any reasonable compensation claim, re-fixing claim the or other reasonable claim in relation to the goods from the Company which may or may not relate to a claim the Company's customer may bring against the Company.

14. ACCEPTANCE
Goods shall be supplied with a delivery note detailing the specific items supplied. When services are supplied You shall provide our responsible supervisor or manager a service note detailing the activity undertaken and the time taken to provide the service on a daily basis. A service note and a delivery note may be combined on one document.

15. REJECTION
We shall have the right to reject the Goods in whole or in part whether or not paid for in full or in part within a reasonable time of delivery if they do not conform with the requirements of this Contract. It is agreed that We may exercise the right of rejection notwithstanding any provision contained in section 11 or section 15A or section 30 (subsections 2A and 2B) or section 35 of the Sale of Goods Act 1979. We shall, where possible, give You a reasonable opportunity to replace the Goods with new Goods that conform with this Contract, after which time We shall be entitled to cancel the Purchase Order. In the event of cancellation under this condition You shall promptly repay any monies paid under the Contract without any retention or offset whatsoever. Cancellation of the Purchase Order under this condition shall not affect any other rights We may have. You must collect all rejected Goods within 3 months of Our advising you of our rejection of the goods. If you fail to collect the Goods within 3 months the Company may dispose of them in whatever way it deems suitable and will not be required to compensate the Supplier for their non-availability. The Supplier will give the Company's purchasing department 2 working days notice in writing of their intention to collect the cancelled Goods.

16. PAYMENT
Unless stated otherwise in the Contract We shall pay at the end of the month following the month of receipt the Goods received in accordance with the Order. Your invoice must be addressed to the purchasing department and must quote the full Purchase Order number and Delivery Note or Service Note number. VAT, where applicable, shall be shown separately on all invoices as a strictly net extra charge. We shall not be held responsible for delays in payment caused by Your failure to comply with Our invoicing instructions.

17. INVOICE
We shall only be liable to pay You when You have issued a correctly rendered invoice, a suitable service note or delivery note (or a copy of the service note or delivery note signed by a member of Our staff) and a statement claiming the invoice.

18. WARRANTIES
It is expressly agreed between Us that Goods:
a. will be of merchantable quality and fit for any purpose held out to Us or made known to Us in writing at the time the Order is placed
b. will be free from defects in design. material and workmanship
c. will correspond with any relevant specification or sample
d. will comply with all statutory requirements and regulations relating to the sale of Goods

As part of our commitment to the environment, We will actively encourage Our suppliers and contractors to ensure that Goods and services supplied to Us support Our environmental policy.