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Terms & Conditions

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 PLEASE NOTE THAT THESE TERMS ARE USED WITH TRADERS AND WITH CONSUMERS AND IN CERTAIN AREAS DIFFERENT PROVISIONS APPLY TO EACH AS FOLLOWS:

  • Part A: General Terms applying to Traders and Consumers;
  • Part B: Terms applying only to Consumers; and
  • Part C: Terms applying only to Traders.

A "Trader" means a person acting for purposes relating to that person's trade, business, craft, or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.

A "Consumer" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft, or profession.

WHERE THE CUSTOMER IS A CONSUMER, THE CUSTOMER'S ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING FORWARD' LIABILITY TO THE CUSTOMER SET OUT IN PART B.

PART A: GENERAL TERMS APPLYING TO TRADERS AND CONSUMERS

  1. DEFINITIONS
    1. In these Conditions: CONDITIONS means the standard Terms and Conditions of Sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and Forward. CONTRACT means the contract for the purchase and sale of the Goods formed in accordance with clause 3.2; CUSTOMER means the Consumer or Trader set out as such in the Contract. GOODS means the Goods (including any instalment of the Goods or any parts for them) which Forward is to supply in accordance with these Conditions. LOSS means any costs, claims, proceedings, demands, damages, compensation, awards, expenses (including professional) or other loss (including special, consequential, loss of profit and other economic loss) whatsoever; ORDER means the individual orders for the Goods placed by the Customer from time to time in person, over the telephone or via the website located at https://www.forwardbs.co.uk/ in accordance with these Conditions; Forward means Forward Builders Supplies Limited (registered in England and Wales under number 02119338).
    2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
    3. The headings in these Conditions are for convenience only and shall not affect their interpretation.
    4. In these Conditions words importing the singular only shall include the plural and vice versa.
  1. INFORMATION ABOUT FORWARD AND CONTACTING FORWARD
    1. Who is Forward?We are Forward Builders Supplies Limited a company registered in England and Wales. Our company registration number is 02119338 and our registered office is at Bridges Road, Ellesmere Port, Cheshire, CH65 4EQ. Our registered VAT number is 453 2977 28.
    2. How to contact Forward.If the Customer has any questions or if the Customer has any complaints, the Customer should contact Forward via hello@forwardbs.co.uk within 3 days of the delivery of the Goods.
    3. How Forward may contact the Customer.If Forward has to contact the Customer, Forward will do so by telephone or by writing to the Customer at the email address or postal address the Customer provides to Forward in the Order.
  2. FORMATION OF CONTRACT AND ORDERS
    1. The Customer’s Order is an offer to purchase from Forward. Each Order placed by the Customer will be an offer by the Customer to purchase the Goods on these Conditions.
    2. How we, Forward, accept the Order.A Contract will be formed between Forward and the Customer for the provision of the Goods set out in the Order when Forward confirms to the Customer that it can supply the Goods.
    3. Forward may not accept the Order.If Forward is unable to accept an Order for any reason, Forward will inform the Customer of this and will not charge for the Goods.
    4. Unless otherwise stated on the quote, any quotation is valid for a period of 30 days from its date, provided that Forward has not previously withdrawn it, and it may be subject to change beyond that period.
    5. The Customer will ensure that each Order is accurate and complete and that the Goods are suitable for the Customer’s requirements. The Customer is entirely responsible for ascertaining the quantity of Goods required notwithstanding that an estimate or quotation may have been provided by Forward.
    6. Forward shall not be responsible for any failure of the Goods to comply with any fine or specific tolerances in the Goods beyond those generally accepted in the building trade unless such tolerances are notified in writing to Forward at the time that the Customer places its Order and then only to the extent that Forward has agreed in writing to supply Goods that meet those tolerances.
    7. Errors and Omissions. 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 Forward shall be subject to correction both before or after the Contract is made without any liability on the part of the Forward.
    8. Description of the Goods. The images of the Goods on the website or in any sales literature, brochure or other document or information issued by Forward is for illustrative purposes only. Forward does not guarantee that a device’s display, or the printed images in any literature, brochure or other document or information, of the colours of the Goods accurately reflect the colour of the Goods and the Customer acknowledges and accepts that the Goods supplied may vary slightly from those images.
    9. Third Party Terms. Where the Goods consist (in whole or part) of products manufactured by third parties, then the Contract shall consist of these Conditions together with the terms and conditions of the relevant third party manufacturer so far as they relate to the use of the Goods.
  3. ORDERS AND SPECIFICATION
    1. Description and specification of Goods. The quantity, quality and description of and any specification for the Goods shall be those set out in Forward' quotation (if accepted by the Customer) or the Customer's order (if accepted by Forward).
    2. Forward reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other regulatory requirements or which do not materially affect their quality or performance.
  4. CHARGES
    1. The Charges. The price of the Goods shall be the charges notified to the Customer when the Customer places the Order (“Charges”). Unless otherwise stated, all Charges quoted are valid for 30 days only or until earlier acceptance by the Customer, after which time they may be altered by Forward without giving notice to the Customer.
    2. Cost of delivery. Except as otherwise stated under the terms of any quotation or at the time of Order placement, and unless otherwise agreed in writing between the Customer and Forward, all prices are given by Forward on an ex-works basis. The Customer shall be liable to pay Forward's charges for transport, packaging and insurance (as may be appropriate).
  5. TERMS OF PAYMENT
    1. When the Customer must pay and how. The Customer must pay the Charges at the time agreed at the time of Order acceptance. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by Forward shall be paid by the Customer immediately on receipt of Forward’ invoice.
    2. Receipts for payment will be issued only upon request.
    3. Forward’s remedies for late payment. Should any portion of an account fall overdue then the total account will become due on demand. The Customer will be responsible for reasonable legal charges incurred by Forward in the recovery of amounts due.
    4. Forward’s other remedies for late payment. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Forward, Forward shall be entitled to:
      1. cancel the Contract or suspend any further deliveries of the Goods to the Customer under the Contract; and
      2. appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any other Contract between the Customer and Forward) as Forward may think fit (notwithstanding any purported appropriation by the Customer).
  1. DELIVERY OF THE GOODS
    1. When Forward will deliver the Goods. Delivery of the Goods shall be made: (i) by the Customer collecting the Goods at Forwards’ premises at any time after Forward has notified the Customer that the Goods are ready for collection; or (ii) if some other place for delivery (“Delivery Location”) is agreed between Forward and the Customer, by Forward delivering the Goods at the Delivery Location. During the order process Forward will let the Customer know when Forward expects to deliver the Goods. Any dates quoted for delivery of the Goods are approximate only and Forward shall not be liable for any delay howsoever caused. Forward will contact the Customer as soon as possible following confirmation of the Order to confirm the actual date of delivery.
    2. Forward is not responsible for delays outside of Forward’s control. If delivery of the Goods is delayed by an event outside of Forward’ control (including but not limited to any disruption or delay to Forward’ business arising as a result of any form of health epidemic) then Forward will contact the Customer as soon as possible to let the Customer know and Forward will take steps to minimise the effect of the delay. Forward will not be liable for delays caused by any event outside Forward’ control, but if there is a risk of substantial delay the Customer may contact Forward to end the Contract and receive a refund for any Goods paid for but not received.
    3. Time of delivery. Where delivery is agreed to be made within a certain period, that period shall only be deemed to commence once Forward is in receipt of all the information requested by Forward from the Customer. The Goods may be delivered by Forward in advance of the quoted delivery date upon giving reasonable notice to the Customer.
    4. Delivery in instalments. Where the Goods are to be delivered in instalments, each delivery or instalment shall constitute a separate contract and failure by Forward to deliver and/or perform any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
    5. Delivery in bulk. Where delivery of the Goods is to be made by Forward in bulk, Forward reserves the right to deliver up to 10 per cent more or 10 per cent less than the weight ordered or up to 10 per cent more or 10 per cent less than the length ordered, as the case may be, without any adjustment in the price, and the weight or length so delivered shall be deemed to be the weight or length ordered.
    6. What happens if the Customer fails to take delivery of the Goods? If the Customer refuses or fails to take delivery of the Goods or of any instalment thereof or fails to give Forward adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Forward' fault) then, without prejudice to any other right or remedy available to Forward, Forward may:
      1. store the Goods until actual delivery (at the risk of the Customer) and charge the Customer for the reasonable costs (including insurance) of storage; or
      2. terminate the Contract with immediate effect.
  1. RESPONSIBILITY FOR THE GOODS

When the Customer becomes responsible for the Goods. Delivery will occur when the Goods are collected by the Customer at Forwards’ premises or delivered to the Customer by Forward at the Delivery Location. Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Goods shall pass to the Customer on delivery.

  1. SUBCONTRACTING AND ASSIGNMENT
    1. Forward’ right to transfer its rights to someone else. Forward may sub-contract to any other person the performance of any of its obligations under the Contract.
    2. Forward may assign, transfer (in whole or in part) or charge or deal in any manner with this Contract or the benefit or burden of or the rights under this Contract.
    3. The Customer’s right to transfer its rights to someone else. The Contract is personal to the Customer and the Customer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of Forward.
  2. AMENDMENTS

No amendment of the Contract shall be effective unless it is in writing and signed by or on behalf of each of the parties.

  1. NOTICES
    1. All notices between the parties with respect to the Contract shall be in writing and signed by or on behalf of the party giving it. Any notice shall be duly served (i) on delivery if delivered by hand, (ii) 48 hours after sending if sent by first class post or recorded delivery or (iii) on sending if sent by email (provided that a copy is also sent by post), provided that in each case the notice is sent to the address of the addressee given at the start of the Contract or such other address as the addressee may from time to time have notified for the purpose of this clause.
    2. Any notice or communication given under the Contract shall not be validly served if sent by text messaging via mobile phone.
  2. PERSONAL DATA

How Forward will use a Customer’s Personal Information. Forward is the data controller of any personal information a Customer provides to Forward. Forward will collect and process such information in order to process and fulfil an Order.
If the Customer is a Consumer providing Forward with its own personal information, please see Forward’ privacy policy which is available on its website at https://www.forwardbs.co.uk/privacy-policy for further information on how personal information is used and rights in relation to that information.
If the Customer is providing personal data of another individual to Forward, the Customer must tell that individual that the Customer is providing their information to Forward and show them a copy of this notice.

  1. GENERAL
    1. Even if Forward delays in enforcing a Contract, Forward can still enforce it later. If Forward fails to insist that the Customer performs any of its obligations under a Contract or if Forward does not enforce its rights against the Customer, or if Forward delays doing so, that will not mean that Forward has agreed not to enforce its rights against the Customer and will not mean that the Customer does not have to comply with those obligations. If Forward does waive a default by the Customer, Forward will only do so in writing, and that will not mean that Forward will automatically waive any later default by the Customer.
    2. If a court finds part of the Conditions illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    3. Nobody else has any rights under a Contract. The Contract is between the Customer and Forward. No other person shall have any rights to enforce any of its terms.
    4. Which laws apply. Subject to clause 5, these Conditions and any and all Contracts and any non-contractual obligations arising out of or in connection with them will be governed by English law.
    5. Where the Customer may bring legal proceedings. Forward and the Customer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Conditions and any and all Contracts (including in relation to any non-contractual obligations).

PART B: TERMS APPLYING ONLY TO CONSUMERS

  1. CHARGES
    1. Unless otherwise stated, all Charges quoted are inclusive of VAT.
  2. DELIVERY
    1. Kerbside Service. Forward will deliver the Goods as near as possible to the Delivery Location as is safe and the public highway permits, or by specific agreement to deposit the Goods on the Customer’s private premises and in accordance with clause 2. The Customer is responsible for any additional lifting once the delivery has been made.
    2. Customer responsibilities. The Customer is responsible for:
      1. ensuring, where Forward has agreed a date and estimated period of time for delivery, that there is someone available when delivery is attempted on the agreed date and within the estimated period of time for delivery who is competent (over the age of 18) and authorised to accept delivery of the Goods by signing for them;
      2. taking reasonable steps to ensure that delivery can take place;
      3. ensuring that Forward has any required permissions to deliver the Goods, including permission to enter private property;
      4. obtaining and/or complying with (and taking reasonable steps to ensure that any third parties the Customer engages to carry out work and take delivery of the Goods also comply with) any regulations, permits, licences and charges which are required to enable delivery to take place; and
      5. taking all reasonable steps to ensure that the Delivery Location is reasonably suitable and safe for delivery.
  1. DEFECTIVE GOODS
    1. Forward is required by law to provide Goods that conform with the Contract. 
    2. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. The remedies that the Customer is entitled to if the Goods are defective depends on the length of time the Customer has owned the Goods. The Customer can contact its local authority Trading Standards Department or Citizens’ Advice Bureau for further information about its statutory rights. 
    3. The Customer should reject Goods on delivery if: 
      1. the Customer is not satisfied with the Goods; 
      2. they do not conform with the Order; 
      3. they are damaged or faulty; or 
      4. they are not of satisfactory quality or are otherwise defective. 
    4. Forward is not responsible for any defects in the Goods which solely arise from the Customer’s negligence, abnormal working conditions which the Customer subjects the Goods to, the Customer’s misuse of the Goods, alteration or repair of the Goods, the Customer’s failure to follow instructions relevant to the Goods, storage of the Goods in unsuitable conditions or storage of the Goods in unsuitable conditions by any third party engaged by the Customer to install and/or repair the Goods. 
    5. If a short delivery (of less than the full quantity of Goods ordered) has been made, the Customer must notify Forward within a reasonable time of discovery of the short delivery. 
    6. Nothing in these Terms will affect the terms of manufacturers’ warranties and guarantees or reduce the Customer’s statutory rights relating to faulty Goods or Goods that do not comply with the Contract.
  2. THE CUSTOMER’S RIGHT TO CHANGE THEIR MIND

IF THE CUSTOMER PURCHASED THE GOODS OVER THE TELEPHONE OR VIA HTTPS://WWW.FORWARDBS.CO.UK/, THE CUSTOMER HAS A LEGAL RIGHT TO CANCEL THE ORDER.

  1. The Customer’s legal right to change their mind. In the event that the Customer purchases the Goods over the telephone or via the website located at https://www.forwardbs.co.uk/, the Customer has a legal right to cancel the Order and receive a refund of the Charges, including the delivery costs subject to the following conditions:
    1. The Customer must let Forward know no later than 30 days following the date of delivery of the Goods. If the Order is split into several deliveries over different days, the period runs from the day after the last delivery;
    2. Unless otherwise agreed with Forward, the Customer must return the Goods at its own cost within 30 days of notifying Forward that it wishes to return the Goods; and
    3. The Goods must be unused and in their original packaging.
  2. No right to cancel. The Customer does not have a right to cancel the Contract if the Order is for Goods that by their nature cannot be returned or are liable to deteriorate or expire rapidly, including perishable Goods such as turf, unless they are faulty or incorrectly delivered. This includes:
    1. bespoke Goods, such as Goods which have been cut to a specific measurement or supplied to a specific tolerance not generally accepted by the building trade or mixed to the Customer’s individual requirement;
    2. Goods which have been personalised at the Customer’s request; or
    3. Goods in respect of which the Customer has requested a special finish which is not generally within the range offered by Forward.
  3. Right to return Goods purchased in-store or via Click + Collect. Subject to clause 2, in the event that the Customer changes its mind, the Customer can return any Goods purchased in-store and via Click + Collect within 30 days of the date of purchase. The Customer must provide a copy of a receipt, sales advice or order confirmation and the original method of payment of the Goods to Forward at the time of return.  
  4. Refund of delivery Charges. Forward will refund standard delivery Charges only.
  5. When and how Forward refund the Customer. Forward will refund the Customer as soon as possible within 14 days of receiving or collecting returned Goods from the Customer. If the cancelled Order is for Goods that haven’t yet been delivered, Forward will refund the Customer as soon as possible within 14 days. Forward will refund the Customer by the method the Customer used for payment.
  1. THE CUSTOMER’S RIGHTS FOR DEFECTIVE GOODS
    1. Defective Goods. In the event that the Customer suspects that there is defect in some or all of the Goods, the Customer must notify Forward as soon as it becomes aware of the suspected defect by telephoning Forward’ sales team on
      0151 357 1035.
    2. Forward will honour its legal duty to supply Goods that meet all of the requirements by law. The Customer can access detailed information about its legal rights for defective Goods at the Citizens Advice Bureau Website citizensadvice.org.uk
  2. FORWARD’ LIABILITY
    1. Forward is responsible to the Customer for foreseeable loss and damage caused by Forward. If Forward fails to comply with the Contract, Forward is responsible for loss or damage the Customer suffers that is a foreseeable result of Forward breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Customer and Forward knew it might happen, for example, if the Customer specifically drew it to Forward’s attention during the sales process.
    2. Forward does not exclude or limit in any way its liability where it would be unlawful to do so.This includes liability for:
      1. death or personal injury caused by Forward’s negligence or the negligence of Forward’s employees, agents or subcontractors;
      2. for fraud or fraudulent misrepresentation;
      3. for breach of the Customer’s legal rights in relation to the Goods; and
      4. for any matter for which Forward is not permitted by law to exclude or limit, or to attempt to exclude or limit liability.
    3. Forward is not liable for business losses. Forward only supplies the Goods for domestic and private use. If the Customer uses the Goods for any commercial, business or re-sale purpose, Forward will have no liability to the Customer for any loss of profit, loss of business, business interruption or loss of business opportunity.
    4. Forward’ aggregate liability. Subject to clause2, Forward’s liability for loss, destruction or damage to goods or property is limited to a total of £1,000 whether due to our breach of contract, negligence or otherwise.

AS A CONSUMER, THE CUSTOMER HAS LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE GOODS. ADVICE ABOUT THE CUSTOMER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM THE CITIZENS' ADVICE BUREAU. NOTHING IN THESE TERMS WILL AFFECT THE CUSTOMER’S LEGAL RIGHTS AND REMEDIES.

  1. LATE PAYMENT

If the Customer does not make any payment to Forward by the due date, Forward may charge interest to the Customer on the overdue amount at the rate of 3% per annum above the base lending rate from time to time of Lloyds Bank Plc PO Box 1000. 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. The Customer must pay Forward’s interest together with any overdue amount.

PART C: TERMS APPLYING ONLY TO TRADERS

  1. FORMATION OF CONTRACTS

No Customer Conditions will apply to any Contracts. Each Contract will be subject to these Conditions to the exclusion of all other terms and conditions, including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.

  1. RISK AND TITLE TO THE GOODS
    1. When the Customer owns the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title in the Goods shall not pass to the Customer until Forward has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by Forward to the Customer for which payment is then due. Forward may apply any payment in satisfaction of any Contract outstanding at the date of payment notwithstanding that payment is expressed to be made in respect of a particular Contract.
    2. Until title to the Goods has passed to the Customer, the Customer shall be entitled to use the Goods in the ordinary course of its business or to sell the Goods to third parties in the normal course of its business on behalf of and for the account of Forward (but so that the Customer shall not be deemed as against any such third party to be the agent of Forward) and shall account to Forward for the proceeds of sale or otherwise of the Goods whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
    3. Until title in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Forward shall be entitled at any time to require the Customer to deliver up the Goods to Forward and, if the Customer fails to do so immediately, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods and the Customer hereby assigns to Forward all rights and claims that the Customer has against any such third party.
    4. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Forward, but if the Customer does so, all monies owing by the Customer to Forward shall (without prejudice to any other right or remedy of Forward) forthwith become due and payable.
  2. DELIVERY
    1. The Customer shall procure that a duly authorised representative of the Customer shall be present at the delivery address where the Goods are to be delivered. Acceptance of delivery of the Goods by such representative shall constitute conclusive evidence that the Customer has accepted such delivery.
    2. Time of delivery of the Goods will not be of the essence.
    3. If Goods are delivered to the Delivery Location: (i) Forward accepts no liability whatsoever for any loss or damage to the Goods whilst in transit unless it is notified in writing with the details of the damage within 7 days of the delivery; (ii) the Customer shall provide Forward with such access to its premises as Forward may require in order to deliver the Goods and shall provide the labour and equipment required to complete the delivery; (iii) Forward may charge the Customer for any return visits made as a result of the Customer’s failure to take delivery of the Goods; and (iv) delivery is completed on the completion of the unloading of the Goods at the Delivery Location or as near as possible to the Delivery location as is safe and the public highway permits.
    4. Forward shall provide evidence (such as a delivery note) of the delivery of the Goods supplied in response to a request from the Customer provided it is received within 3 months of the delivery date. If the Customer does not raise any query about delivery within such period, the Goods concerned shall be deemed to have been delivered in accordance with the Contract.
    5. Forward does not accept liability for shortages in quantities delivered unless the Customer notifies Forward of any claim of short delivery of the Goods within 3 days of the delivery to the Customer. In such circumstances, Forward’s liability shall be limited to making good the shortage.
    6. The Customer is responsible for any additional lifting of the Goods once the delivery has been completed.
  3. ORDERS AND SPECIFICATIONS

Cancellation of Order. No order which has been accepted by Forward may be cancelled by the Customer except with the agreement in writing of the Forward and on terms that the Customer shall indemnify Forward in full against all Losses (including the cost of all labour and materials used) incurred by Forward as a result of cancellation.

  1. CHARGES AND PAYMENT
    1. The price is exclusive of any applicable value added or any other sales tax, or duty or import or export duty, or brokers fees or clearance fees which may be chargeable (whether or not required to be paid to enable the Goods to be shipped from one country to another) and for which the Customer shall be additionally responsible for paying. Failure to pay any such taxes, duties or fees shall not entitle the Customer to withhold or delay payment of the price. Any additional expenses or charges incurred by Forward resulting from such failure shall be for the Customer’s account.
    2. Forward’ right to change the price. Forward reserves the right, by giving reasonable notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Forward which is due to any factor beyond the control of Forward (including without limitation, any foreign exchange fluctuation, currency regulation, increase or imposition of taxes and duties, significant increase in the costs of labour, materials or other costs of manufacture) or due to any change in delivery dates, quantities or specifications for the Goods which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Forward adequate information or instructions.
    3. Customer’s with credit accounts. Forward may grant a credit account to the Customer at its sole discretion and subject to obtaining satisfactory credit references. Unless otherwise agreed, if Forward has granted a credit account to the Customer:
      1. then payment of any Charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds within 30 days of the date of the invoice unless the Goods concerned are special Goods (as determined by Forward) in which case the payment terms in clause 4 shall apply; and
      2. Forward may set a reasonable credit limit.
    4. Customer’s without credit accounts. If a Customer does not have a credit account with Forward or if a Customer’s credit account is terminated or suspended under clause 5 or clause 25.5 and in respect of the supply of special Goods and other non-standard transactions (as determined by Forward), the Customer shall pay the price for the Goods at the time of Order placement, or on or before delivery (where applicable), upon receipt of Forward’s invoice.
    5. Forward’s right to cancel or suspend the Customer’s credit account. Forward may cancel or suspend the Customer’s credit account by notice in writing at any time should it decide, for whatever reason, that it requires further security from the Customer, other than that already provided (if any). If Forward exercises its rights under this clause it may continue trading with the Customer in accordance with clause 4. Forward may reinstate the credit account once the additional security required has been provided by the Customer and any other conditions have been met. The Customer agrees to use its best endeavours to ensure that any additional security required by the Company (including but not limited to a third party guarantee) is provided.
    6. Forward’s right to amend the credit limit. Forward may, at any time, at its sole discretion and without reference to the Customer or any guarantor: (i) increase (without limit) or decrease any credit limit applied to the Customer; and; (ii) supply Goods in excess of the credit limit.
    7. Forward may terminate if the credit limit is exceeded. Forward reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Customer exceeding its credit limit or the Customer has already exceeded its credit limit.
    8. Forward right to suspend further delivery. Forward reserves the right where any doubts arise as to the Customer's financial position or in the case of failure to pay for any Goods or any delivery or instalment as aforesaid to suspend delivery of any Order or any part or instalment without liability until payment or satisfactory security for payment has been provided.
    9. Invoice queries. The Customer should notify Forward in writing of any queries concerning invoices within 7 days of the invoice date. Forward will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after such date.
    10. The time of payment of the Charges shall be of the essence of the Contract.
    11. Late payment. If the Customer does not make any payment to Forward in full by the due date for payment, without prejudice to any other rights of Forward, Forward may charge the Customer interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
    12. Indemnity for late/non-payment. Forward may take any action to collect all monies owing in full whether or not the sums due exceed the prevailing credit limit. The Customer shall indemnify Forward against all Loss incurred by Forward in recovering amounts due from the Customer, or exercising its rights under this clause 25, including any administration fee incurred if Forward refers a late/non-payment dispute to its lawyers or collection agents.
  2. WARRANTY
    1. Subject to clause 4, Forward agrees (in its discretion) to repair (if possible), replace free of charge or refund any sums paid by the Customer for any Goods which in the reasonable opinion of Forward are defective due to a manufacturing fault but only if:
      1. such fault is notified to Forward in writing within 7 days of delivery; and
      2. Forward and/or its representative is given a reasonable opportunity after receiving the notice of examining such Goods in situ or the Customer (if asked to do so by Forward) returns such Goods to Forward, at such address specified by Forward, for the examination to take place there.
    2. Forward shall not be liable for a breach of the warranty in clause 1 if:
      1. the Customer makes any further use of such Goods after giving notice of a defect;
      2. the defect arises because the Customer failed to follow Forward’s or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
      3. the Customer alters or repairs such Goods without the written consent of Forward.
    3. Forward is not responsible either for the cost of removing or re-installing any repaired or replacement Goods, unless previously agreed in writing by a company director of Forward.
    4. Any defective Goods or parts thereof replaced by Forward in accordance with this clause or otherwise shall become, or remain, the property of Forward.
    5. Where Forward is not the manufacturer of the Goods, Forward will endeavour to transfer to the Customer the benefit of any express warranty or guarantee given to Forward.
  3. INSOLVENCY OF CUSTOMER
    1. This Condition applies if:
      1. the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
      2. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
      3. the Customer ceases, or threatens to cease, to carry on business; or
      4. Forward reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
    2. If clause 1 applies then, without prejudice to any other right or remedy available to Forward:
      1. Forward shall be entitled by written notice to the Customer to cancel the Contract or suspend any further deliveries under the Contract without liability to the Customer; and
      2. 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.
  1. EXCLUSION OF LIABILITY
    1. Forward shall be under no liability in respect of:
      1. any defect in the Goods arising from any specification supplied by the Customer;
      2. any defect arising from fair wear and tear, wilful damage, negligence, failure to follow Forward's instructions (whether oral or in writing) in particular, but not limited to, the incorrect handling or application of the Goods, misuse or alteration or repair of the Goods without Forward's approval; and
      3. any warranty, condition or guarantee if the total price for the Goods has not been paid by the due date for payment.
    2. Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Forward within 3 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify Forward accordingly, the Customer shall not be entitled to reject the Goods and Forward shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
    3. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Forward in accordance with these Conditions, Forward shall be entitled to repair or replace the Goods (or the part in question) free of charge, but Forward shall have no further liability to the Customer and title to the Goods so replaced shall revert to Forward.
    4. Non-excludable liability.Neither party excludes or limits its liability, if any, to the other party for:
      1. death or personal injury resulting from its negligence or by the negligence of a person for whom it is vicariously liable;
      2. any breach of its obligations implied by section 2 of the Supply of Goods Act 1979;
      3. for its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or
      4. any matter which it would be illegal for it to exclude or to attempt to exclude its liability.
    5. Forward’ aggregate liability.Subject to clause 4 and28.6, Forward’s maximum aggregate liability to the Customer arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of Forward’s obligations under the Contract, shall be limited in respect of each Contract, to the Charges and other sums paid in respect of that Contract as specified in the Order.
    6. Excluded types of liability. Subject to clause4, neither party shall have any liability to the other party for any:
      1. loss of profit (direct or indirect);
      2. loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
      3. loss of goodwill, loss of reputation, loss of opportunity and/or loss of operation (in each case whether direct or indirect);
      4. loss of anticipated saving or loss of margin (in each case whether direct or indirect);
      5. liability of the other party to third parties (whether direct or indirect); or
      6. indirect, consequential or special loss, arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of that party’s obligations under the Contract and/or the Good’s unsuitability for the Customer’s intended purpose.
    7. Forward’ entire liability.The Contract set out the full extent of Forward’ obligations and liabilities in respect of the Goods. There are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on Forward except as specifically stated in the Contract. Any condition, warranty or other term concerning the Goods which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
  2. GENERAL
    1. Entire Agreement.The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:
      1. neither party has entered into the Contract in reliance upon, and it shall have no remedy in respect of, any representation or statement which is not expressly set out in the Contract; and
      2. nothing in this clause 1 shall be interpreted or construed as limiting or excluding the liability of either party for fraud or fraudulent misrepresentation.
    2. No Partnership. Nothing in the Contract and no action taken by the parties in connection with it or them shall create a partnership or joint venture or relationship of employer and employee between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.
    3. Independent Contractor.Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.

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