In these Terms and Conditions the following definitions apply:
“the Group” means New Guard Coatings Limited (company registration number 01304607) and its subsidiary companies.
“the Group Terms” means the Standard Terms & Conditions of New Guard Coatings Limited which can be found here.
“the Owner” means New Guard Coatings Limited (company registration number 01304607) whose registered office is Sandbeck Way, Wetherby LS22 7DN
The term ‘us’ or ‘we’ refers to the Owner of the website.
The term ‘you’ refers to the user or viewer of our website.
“the Terms” means the Terms and Conditions set out below.
These Termsgovern the relationship between you and us and the Group in connection with any contract arising out of our acceptance of your online order and are in addition to the Group Terms. If any contradiction should arise between these terms and the Group
Terms then these Terms shall prevail.
If you disagree with any part of these terms, please do not use our website.
Use of this website
The content of this website is for your general information and use only and is subject to change without notice.
We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any products, services or information available through this website meet your specific needs and requirements.
The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
The prices payable for goods that you order are as set out in our website. They are subject to alterations without notice.
You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
We make every effort to display accurately on our website the colours of our products. However we cannot guarantee that the colour you see on your monitor’s display accurately reflect the colour of the product on delivery. This is because we are limited by the technology we use to deliver our website pages to you, and by the specifications of your own monitor and computer.
Please note that the colours of the products delivered to you are the best possible matches using our tinting machines and there may be slight variations in colour between the colour represented on our website (or the colour you request directly with us) and the colour of the product delivered to you. Our colours are tinted specifically to your request, this means that some colours may result in a nominal finished volume to the pack size ordered.
Proper use of products
We can provide technical data sheets and health and safety sheets for all products supplied by the Group. You must contact us to obtain the most recent version of these sheets.
You must always refer to the most recent technical data sheets for products purchased for the correct application methods and coverage rates.
We supply all products to you on the condition that we cannot be held responsible in the event they are used for any other purpose than that specified by the manufacturer.
If we give any recommendations and advice, such recommendations and advice are given without legal responsibility. We shall not be liable to you in the event of damage to goods or injury to persons resulting from your negligent or improper use or handling of goods, your employees or your agents or members of the general public, or any loss of profit or contracts or other consequential losses of any kind however caused.
The Owner disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website to the extent permitted by applicable law.
The Owner shall not be liable to any person for any loss or damage which may arise from advice given or from the use of any of the information contained in any of the materials offered on this website.
Any complaints by the consumer will be dealt with in a fair, effective and confidential manner and in line with the complaint procedure of the Group. You must submit your Complaint in writing to our offices which we will acknowledge within 7 working days of receipt of your complaint. The Group agrees to provide a likely timescale to resolve the dispute and will keep you informed about the progress of your complaint.
Cancellation of order
Once an official order has been accepted cancellation of the contract will be at our discretion. A cancellation will not be accepted in any circumstances where a product has been specially made to fulfil the order.
Cancellation by us
We reserve the right to cancel the contract between us if:
(a) we have insufficient stock to deliver the goods you have ordered;
(b) we do not deliver to your area; or
(c) one or more of the goods you have ordered was listed at an incorrect price due to a typographical error on our website, or an error in the pricing information received by us from our suppliers.
(d) we are not fully satisfied that your intention to use the product is for safe and/or legal purposes. Our decision in this regard is entirely at our discretion and such decision is final.
(e) you either order solvents on their own or order solvents disproportionately to any paint ordered.
If we cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Return of goods
It is our policy not to accept the return of goods. In exceptional circumstances standard products may be returned to us within 14 days of date of delivery provided that the customer has written agreement from the Owner to such a return. No claims will be accepted for returns outside this period. Goods are to be returned at the customer’s expense to the original source of supply as specified by the Owner and a re-stocking charge of 20% of the listed price will be made for goods that are of merchantable quality as determined by the Owner. Any refund will be less the original carriage cost.
• If tins and original packaging are opened then we will not be able to offer you a refund.
• We are unable to offer refunds on items that have been especially made to a specific colour.
Return shipment will be at your own cost. We cannot arrange a third party collection on your behalf.
You will be responsible for any loss or damage to the goods during transit. Therefore we suggest that you use a carrier who offers shipment tracking and that you insure the package for its full value.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make the order.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
If we provide you with a time or date for delivery, it is intended as an estimate only and the Owner shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery.
If we give you a period for delivery and such period is not extended by mutual consent in writing or under the provisions mentioned below, you shall take delivery within that period.
Any date or period for delivery stated is given as an estimate only and is not binding on the Owner.
Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either the Owner or the customer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the Owner or the customer respectively.
In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved (or any country that any of the Group companies are located in), or in the event of National Emergency, or if the Owner should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay work on other orders, the Owner shall be entitled at any time, on notice to the customer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made.
All goods supplied by the Owner are on an ex-works basis unless otherwise agreed in writing between you and us.
We will not entertain any claim for damage in transit, shortage of delivery, or loss of goods will be unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to the Owner at the time of delivery and the Owner receives a complete claim in writing at its head office within three days of delivery, and in the case of loss of goods, the Owner and the carrier concerned receive, in the case of the Owner at its head office, a complete claim in writing made within fifteen days from date of despatch.
On delivery please inspect your goods immediately and advise us within 24 hours of receipt if the goods are damaged. Our carriers do not accept responsibility for damaged goods beyond this 24 hour period.
Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the Owner and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
Risk and title
When the Owner provides the products to the carrier for delivery to the customer, or where applicable when the customer or its nominated carrier collect the products from the Owner premises, the risk in the products supplied shall pass to the customer.
The Owner will ensure that the products are insured to their replacement value against loss or damage while in transit with the the Owner carrier except where the products are collected by the customer or its nominated carrier.
The customer’s right to possession of the products shall end immediately if it:
(a) makes any arrangement with its creditors or otherwise takes the benefit of any statutory provision for the relief of insolvent debtors, or convenes a meeting of creditors, or enters into liquidation, or has a receiver and/or manager, administrator or administrative receiver appointed, or documents are filed for the appointment of an administrator of the customer or notice of intention to appoint an administrator is given by any entitled person or a resolution is passed or a petition presented to a court to wind-up the customer or for the grant of an administration order or any insolvency proceedings are commenced relating to the customer;
(b) suffers or allows any execution to be levied on its property or obtained against it or breaches any of its obligations under any contract or any other contract with the Owner or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or ceases to trade; or
(c) encumbers or in any way changes any of the products.
The Owner shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by it to the customer’s address for service specified herein any subsisting order shall have been deemed to have been determined without prejudice to any claim or right the Owner might otherwise make or exercise on the event of any of the following circumstances:-
(a) the customer shall make any default in or commit any breach of his obligations to the Owner
(b) any distress or execution shall be levied upon the customer his property or assets
(c) he (the customer) shall make, or offer to make, any arrangements or composition with creditors or commit any Act of Bankruptcy,
(d) any Petition or Receiving Order in Bankruptcy shall be presented or made against him,
(e) the customer shall be a limited company and any Resolution to wind up such company’s business shall be passed or presented otherwise than for reconstruction or amalgamation
(f) a Receiver of such company’s undertaking property or assets or any part thereof shall be appointed
Unless otherwise expressly stated in these terms, all notices from you to us must be in writing and sent to our contact address at our Head Office and all notices from us to you will be displayed on our website from time to time.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from the Act.
The contract between us shall be governed by and interpreted in accordance with English Law and the English courts shall have jurisdiction to resolve any disputes between us.
This website and its content is copyright of New Guard Coatings Limited – © New Guard Coatings Limited 2020. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
• You may print or download to a local hard disk extracts for your personal and non-commercial use only.
• You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with this copyright notice, which forms part of these terms.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Your unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) and have no responsibility for the content of the linked website(s).
The information contained in this website is for general information purposes only. The information is provided by the Owner and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of the Owner. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website available and operating smoothly. However, the Owner takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.