Terms & Conditions
Building Materials Nationwide Limited
Terms & Conditions of Sale
1.1 In these Conditions, unless the context permits otherwise:
“Business Customer” - means a Buyer who buys from the Seller for purposes relating to its trade, business, craft or profession;
“Buyer” or “you” - the person or company who accepts the Seller’s Quotation for the sale of the Goods or whose Order for the Goods is accepted by the Seller;
“Conditions” - the standard terms of sale set out in this document and (unless the context otherwise requires) including any applicable special terms agreed in writing between the Buyer and the Seller;
“Consumer” - means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
“Contract” - the contract for the sale and purchase of the Goods between the Buyer and the Seller which is subject to these Conditions;
“Goods” - the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
“Order” - means the telephone, written or online order placed by the Buyer requesting the Goods;
“Quotation” - means the document or correspondence provided by the Seller to the Buyer setting out the Goods to be provided.
“Seller” or “we” - means Building Materials Nationwide Limited (company number: 08370227) (VAT number: 283000637), a company registered in England and Wales, whose registered office is at Unit 1 The Pavilions, Ruscombe Business Park, Reading, Berkshire, England, RG10 9NN.
1.2 A reference in these Conditions to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 Words in the singular include the plural and vice versa and any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall not limit those words.
2. How to contact us
2.1 You can contact us by:
2.1.1 post at the address shown on the Quotation or on our website located at https://www.buildingmaterials.co.uk/; or
2.1.2 email at the email address shown on the Order or the Quotation; or
2.1.3 phone using the telephone numbers shown on our website.
3. Basis of the contract
3.1 If you are a Consumer:
3.1.1 the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’);
3.1.2 nothing in these Conditions affects your statutory rights; and
3.1.3 you may also have other rights in law.
3.2 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Seller’s Quotation (if accepted by the Buyer), or the Buyer’s Order (if accepted by the Seller), subject in either case to these Conditions.
3.3 If the Buyer is a Business Customer, the following additional terms shall apply:
3.3.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract, the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Conditions affects the liability of either party for fraudulent misrepresentation.
3.3.2 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller is followed or acted on entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
3.3.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4. Orders and specification
4.1 When the Buyer places an Order with the Seller, the Seller will acknowledge it in writing (including by email) where the Order is placed online, or by phone call or email where the Order is placed over the phone. This acknowledgment does not mean that the Order has been accepted by the Seller. An Order is an offer from the Buyer to buy Goods from the Seller on these Conditions.
4.2 The Seller may contact the Buyer to say that an Order is not accepted, for example, if:
4.2.1 the Goods are unavailable;
4.2.2 the Seller cannot authorise the Buyer’s payment;
4.2.3 the Buyer has ordered too many Goods; or
4.2.4 there has been a mistake on the pricing or description of the Goods.
4.3 The Seller will only accept an Order when the Seller writes to the Buyer to confirm this (including by email). At this point, a legally binding contract will be in place between the Buyer and the Seller on these Conditions.
4.4 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost of raw material or delivery cost to the Seller which is due to any factor beyond its control.
4.5 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
4.6 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller’s Quotation (if accepted by the Buyer) or the Buyer’s Order (if accepted by the Seller).
4.7 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
4.8 Any pictures and images provided on our website, including of packaging, are for illustration purposes only. The Goods and their packaging may vary slightly from those pictures or images.
4.9 Subject to clause 15, no Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
5.1 From time to time in its sole discretion, the Seller may offer special offers or promotional deals (the “Discounts”).
5.2 Discounts shall be subtracted from the value of the Buyer’s Order including VAT but excluding the costs of shipping and delivering the Order. Unless otherwise expressly stated by the Seller in relation to a specific Discount, the Buyer shall be barred from using several Discounts cumulatively when placing an Order.
5.3 The Seller reserves the right to withdraw, alter, hold, void or suspend the Discount where it becomes necessary to do so.
5.4 All Discounts are subject to the expiry date stated in any promotional information provided in relation to such Discount. Discounts cannot be used after any stated expiry date.
5.5 Goods which may be offered on a promotional basis are subject to availability and may be withdrawn at any time.
6.1 The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the Order. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
6.2 All prices are in pounds sterling (£) (GBP) and exclude delivery charges. Delivery options and costs are available at: https://www.buildingmaterials.co.uk/delivery-options.
6.3 Unless otherwise stated, all prices on our website are displayed both exclusive of VAT and inclusive of VAT at the applicable rate.
6.4 If the Buyer is a Business Customer:
6.4.1 Unless otherwise stated, all prices stated in a Quotation are exclusive of VAT, which the Buyer shall be additionally liable to pay to the Seller.
6.4.2 The Seller reserves the right to increase the price of the Goods and delivery charges to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (including any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
6.4.3 Except as otherwise stated in the Seller’s Quotation or in any price lists of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
7.1 Subject to any special terms agreed in writing between the Buyer and the Seller and clause 7.2 below, the Seller must receive payment of the whole of the price for the Goods from the Buyer at the time an Order is placed.
7.2 If the Seller has agreed deferred payment terms with the Buyer, the Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) within 30 days of the date of the Seller’s invoice (unless another payment date has been agreed with the Seller), and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only on request.
7.3 If the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller may:
7.3.1 cancel the contract or suspend any further deliveries to the Buyer;
7.3.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
7.3.3 if the Buyer is a Business Customer:
(a) charge the Buyer interest (both before and after any judgment) on the amount unpaid under the Late Payment of Commercial Debts (Interest) Act 1998;
(a) charge the Buyer 15% of the amount unpaid for third party services engaged for the purposes of recovering the amount unpaid; and
(c) without limitation to clause 7.3.3(b), charge the Buyer for any legal fees reasonably and properly incurred in recovering the amount unpaid.
8.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at a collection point at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if the Buyer has selected a delivery option, when the Goods are delivered to the address specified in the order confirmation by the Seller (including its nominated carrier or supplier).
8.2 The estimated date for delivery of the Goods will be set out in the confirmation email. Any such dates are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused.
8.3 The Buyer should not book fitters, specialists or other tradesman to fit or install the Goods until the Goods have been delivered to the Buyer. The Seller shall not be liable for any such third-party charges as a result of non-delivery or delayed delivery.
8.4 The Seller (or its nominated carrier or supplier) may require additional information to make delivery to the agreed place for delivery including access code or other instructions relating to entering and delivering the Goods to the location and a contact number for delivery.
8.5 If the Buyer fails to take delivery of the Goods, fails to give the Seller (or its nominated carrier or supplier) adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) or fails to answer the Seller’s (or its nominated carrier’s or supplier’s) call to the nominated contact number then, without limiting any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable additional costs (including insurance) of storage and redelivery of the Goods.
8.6 Delivery options and costs are available at:
8.7 If the Buyer is a Business Customer, the following terms shall apply:
8.7.1 Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing.
8.7.2 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
9. Risk and title
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
9.1.1 in the case of Goods to be collected, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
9.1.2 in the case of Goods to be delivered to the Buyer, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods in accordance with clause 8.1, the time when delivery of the Goods has been tendered.
9.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title in the Goods shall not pass to the Buyer until the Seller has received payment in full and in cleared funds of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due, subject to 9.4.
9.3 The Buyer shall not be entitled to pledge, create a lien over or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.
9.4 If the Buyer is a Business Customer and until such time as the title in the Goods passes to the Buyer:
9.4.1 the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
9.4.2 the Seller may at any time require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
10.1 The Seller shall endeavour to transfer to the Buyer the benefit of any manufacturer’s warranty or guarantee.
10.2 The Seller does not warrant the Goods. All warranties for the Goods (if any) are made by the third-party vendor of the Goods and are subject to their terms and conditions.
10.3 If the Buyer is a Business Customer, the following terms shall apply:
10.3.1 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.3.2 Certain statutory provisions may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent permitted, the Seller’s liability for breach of the Contract will be limited to one of the following as solely determined by the Seller:
(a) the replacement of the Goods or supply of equivalent Goods;
(b) the payment of the cost of replacing the Goods or acquiring equivalent Goods; or
(c) the payment of the cost of repairing the Goods.
11. Our liability to business customers
1.1 This clause 11 applies only if the Buyer is a Business Customer.
1.2 Except in the case of liability for death or personal injury caused by the Seller’s negligence, liability for defective products under the Consumer Protection Act 1987 or liability under s.12 of the Sale of Goods Act 1979, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
12. Our liability to consumers
12.1 This clause 12 applies only if the Buyer is a Consumer.
12.2 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result.
12.3 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. This includes any third-party charges made by fitters, specialists or other tradesman as a result of the Goods not being delivered or being delivered late.
12.4 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
13. Events beyond our control
13.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
13.1.1 Act of God, explosion, flood, tempest, fire or accident;
13.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
13.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
13.1.4 import or export regulations or embargoes;
13.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
13.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
13.1.7 power failure or breakdown in machinery.
14. Insolvency of the buyer
14.1 This clause 14 applies if the Buyer is a Business Customer and in the event of any of the following:
14.1.1 the Buyer makes a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or a moratorium comes into force in respect of the Buyer (within the meaning of the Insolvency Act 1986); or
14.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
14.1.3 the Buyer ceases, or threatens to cease, to carry on business; or
14.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
14.2 If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
15. Special terms which apply to consumers
15.1 This clause 15 applies only if the Buyer is a Consumer.
Our duty to you
15.2 The Goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
15.3 We are under a legal duty to supply you with Goods that are in conformity with the Contract.
15.4 Any Goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
15.5 If there has been an error on our website regarding the price of our Goods, we will give you the option to re-confirm your Order at the correct price or to cancel your Order.
15.6 If we can't supply certain Goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
15.6.1 we will let you know if we intend to do this but this may not always be possible; and
15.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
Your right to cancel
15.7 In certain cases, you have a right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
15.8 You do not have the right to cancel the contract if the order is for the supply of certain Goods, including Goods that are made to your specifications or are clearly personalised or Goods that are liable to deteriorate or expire rapidly (including, for example, powder-based products such as cement and plaster).
15.9 We will inform you prior to the contract coming into force whether or not you have a right of cancellation in respect of the Goods you have ordered.
15.10 Where you have the right to cancel the contract, you must do so within 14 days after the date of delivery and in accordance with clause 15.11.
15.11 Notice of cancellation should be given to us by post or email, at the address or email address shown on the Order or the Quotation or by phone to our telephone number shown on our website available at https://www.buildingmaterials.co.uk/, giving details of your order number and/or the Goods ordered. You can also download and fill in the cancellation form.
15.12 If you exercise your right of cancellation after the Goods have been delivered, you must return the Goods to the address specified by us within 14 days of notice of cancellation, which may be the address of our nominated carrier or supplier. The deadline is met if you send the products back to the nominated address before the 14-day period has expired. We recommend that you obtain proof of posting. We are not obliged to make the refund until we (or our nominated carrier or supplier) have received the Goods back from you or until you have provided us with evidence that you have sent the Goods.
15.13 You are responsible for the Goods while they are in your possession and must take reasonable care to ensure the Goods are not damaged while in your possession or in transit. We may make a deduction from the refund amount if you have handled the Goods in a way that has diminished the value of the Goods, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products.
15.14 Unless the Goods are faulty or misdescribed, you will have to bear the direct costs of returning the Goods to us (or our nominated carrier or supplier). See Returns & Refunds for more details.
15.15 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
15.16 If you cancel this Contract, we will refund all payments received from you but will only refund the cost of standard delivery, even if you chose a more expensive delivery option.
15.17 We will issue a refund of the product price and excluding any delivery charges, within:
15.17.1 14 days after the day we (or our nominated carrier or supplier) receive the Goods back from you; or
15.17.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
15.17.3 if no Goods have been supplied, 14 days after the day on which you told us that you want to cancel the contract.
15.18 We will make the refund using the same payment method you used to make your purchase, unless you have expressly agreed otherwise.
16.1 The Buyer shall ensure that it does not, by any act or omission, place the Seller in breach of the Bribery Act 2010.
16.2 The Buyer shall, to the extent applicable, comply with the Bribery Act 2010 and ensure that it has in place adequate procedures to prevent any breach of this clause 16.
17. Governing law and jurisdiction
17.1 If you are a Consumer, the laws of England and Wales apply to the Contract, although if you are resident elsewhere in the United Kingdom you will retain the benefit of any mandatory protections given to you by the laws of that part of the UK in which you live. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales of the courts of another part of the UK in which you live.
17.2 If the Buyer is a Business Customer, the Contract and any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with the Contract its subject matter or formation (including non-contractual disputes or claims).
18.2 The Seller is a member of the group of companies and accordingly the Seller may perform any of its obligations or exercise any of its rights under the Contract by itself or through any other member of its group, provided that any act or omission of any such other member shall be deemed to be the act or omission of the Seller.
18.3 A notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
18.4 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
18.5 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
18.6 The Buyer is not allowed to transfer its rights under these terms to anyone without the Seller’s prior written consent. The Seller may transfer its rights under these terms to another business without consent, but the Seller will notify the Buyer of the transfer.
18.7 Any variation to these terms will not be binding unless expressly agreed in writing between the Buyer and the Seller.
18.8 If the Buyer is a Business Customer:
18.8.1 The parties agree that the Contract constitutes the entire agreement in relation to the Order. These Conditions apply to the exclusion of any other terms subject to which any such Quotation is accepted or purported to be accepted, or any such Order is placed or purported to be placed, by the Buyer.
18.8.2 The Buyer acknowledges that it has not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that the Buyer will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.