Terms & Conditions

LAST UPDATED: 12th May 2025

OVERVIEW:

1. Delivery Information At Gardiner Distribution, we strive to ensure that your order is delivered safely and on time. However, please note that the delivery process will vary depending on the delivery method chosen. We work with multiple trusted delivery partners, including Gardiner Distribution, Palletways, DPD, and the manufacturer’s direct delivery partner.

1.1 Delivery Methods

• Gardiner Distribution: Deliveries via Gardiner Distribution are scheduled and booked in advance to ensure successful delivery. We will contact you to confirm the delivery details before the delivery is made. • Palletways and DPD: These third-party delivery partners handle a variety of orders depending on your location and the product being shipped. Delivery methods may vary.

1.2 Delivery Details

Regardless of the delivery partner used, all deliveries are kerbside only. This means the delivery will take place at the nearest accessible point to your property (typically at the edge of your driveway or property line). Please note that:

• All deliveries are one-man unless otherwise specified. • None of our delivery services are insured to bring goods inside a residential address or to enter an active building site. • In some cases, labour may be required at the delivery location to assist with off-loading the goods, depending on the vehicle type and the location of the delivery.

1.3 Failed Delivery

While we make every effort to ensure your delivery is successful, there are instances where the delivery may fail. Time for delivery shall not be of the essence. Risk passes on delivery, and all access-related failures are the customer’s responsibility. If this happens, the following applies:

• Gardiner Distribution Deliveries: If your delivery fails despite all internal booking processes being followed, you will be charged a re-delivery fee. The re-delivery fee will depend on your location and the size of the goods. If you choose to cancel your order due to a failed delivery, original delivery fees, re-stocking charges, and any applicable fees will be communicated to you at the time of cancellation. • DPD Deliveries: If delivery via DPD fails, the delivery will follow their standard process, which may include a reattempted delivery or the goods being taken to a local depot for you to collect. If you do not collect the items from the depot and they are returned to us, a return delivery fee and re-stocking fee will apply. These charges will be communicated to you at the time the goods are returned. DPD provides full tracking details, which you can access within your online account to stay updated on your delivery status. • Palletways Deliveries: If delivery via Palletways fails, a re-delivery fee will apply, and the fee will vary depending on the size and location of the goods. If you opt for us to book your delivery, the local depot will contact your nominated person (either within your business or your end customer/site representative) to ensure that access is possible for a Class 1 vehicle and to arrange the most suitable delivery date. If you opt to select your own delivery date but do not use the book-in option, you, the customer, will assume responsibility for any additional charges, including original delivery costs, return delivery fees, restocking fees, and any storage charges. Palletways will also provide full tracking details, which we will update to your online account.

1.4 Access and Delivery Location

For all delivery methods, please ensure that the delivery location is accessible for the vehicle type being used. If delivery is attempted and cannot be completed due to access issues, we may have to reschedule delivery and charge for the re-delivery. Please note:

• Palletways Deliveries: If you choose to have us book your delivery, the local depot will contact your nominated representative to confirm that access for a Class 1 vehicle is achievable. If you select your own delivery date without using this option, you will assume responsibility for any access issues and related charges. • Delivery Size and Vehicle: The size and type of the delivery vehicle may vary. A tail-lift may be used for offloading, but if this is not suitable for your location, you may need to arrange for additional help on-site to unload the goods.

1. Order ownership & returns

Once an order is placed and confirmed, the product purchased belongs to you, the customer. If, for any reason, you or your client decides they no longer want the product after it has been confirmed, the item must be processed as a normal return. As a third-party distributor between the manufacturer and purchaser, we do not hold stock in our warehouse for products that may be returned because of a change of mind. Important: If you or your client no longer wish to keep a product after confirmation, you are responsible for handling the return as per our returns policy (outlined below). We will not retain stock in our warehouse due to changes of mind from your end.

1. PAYMENT TERMS

At Gardiner Distribution, we offer two primary methods for payment: payment via an approved account or payment by bank transfer. The following outlines the terms and conditions for each method.

3.1 Payment must be made in accordance with agreed terms

All payments must be made in line with the terms agreed at the time of order. This ensures timely processing of orders and avoids unnecessary delays. The specific terms of payment will be clearly communicated to you prior to order confirmation, and these must be adhered to.

3.2 Payment methods

We accept two types of payment methods, as outlined below: 1. Payment by account (subject to approval) 2. Payment by bank transfer

3.2.1 Payment by account

Customers who have an approved account with us are eligible to pay according to the following terms:

• Settlement period: All invoices must be settled in full by the end of the month following delivery. For example, if your delivery occurs in February, the invoice must be paid by the end of March, unless otherwise agreed in writing. • Right to withdraw credit terms: Gardiner Distribution reserves the right to withdraw credit terms at any time without notice. If credit terms are withdrawn, any outstanding balances will be due immediately, and you may be required to make payment by alternative methods (such as bank transfer). • Late payment: If payment is not received by the agreed deadline, we may charge interest or take other necessary actions as specified in our Terms and Conditions or by applicable law.

3.2.2 Payment by bank transfer

For customers who do not have an approved credit account or for pro forma orders, payment must be made via bank transfer before any goods are dispatched. The following conditions apply to payments made via bank transfer:

• Cleared funds requirement: Goods will not be allocated or released until cleared funds are received by Gardiner Distribution. This means that we must confirm the full payment has been received in our bank account before your order is processed and dispatched. • Payment instructions: All payments must include the invoice number as a reference. This helps us correctly identify your payment and ensures that it is processed in a timely manner. If the invoice number is not provided, it may lead to delays in processing your order. • Responsibility for bank charges: The customer is responsible for ensuring that all applicable bank charges (including transaction fees, international transfer fees, etc.) are covered. Please ensure that the full amount due is received by Gardiner Distribution after all bank charges are deducted. • Payment account details: Payments must be made to the account details provided on our invoice. Under no circumstances should alternative payment details be used unless confirmed in writing by an authorized representative of Gardiner Distribution. This is to protect both parties and ensure that funds are directed to the correct account. • Payment timing: Payment must be made within 7 days of the initial order to guarantee processing. If payment is not received within this time frame, the order will be re-released into our normal stock levels, and you will need to place a new order if you wish to proceed.

3.3 Late payments and consequences

Failure to make payment by the specified deadline may result in the following actions: • Interest on late payments: If payment is not made on time, we reserve the right to charge interest on the outstanding amount, as permitted by law. This interest will be calculated from the due date until the date payment is received. • Suspension of credit terms: If payment is not received according to the terms, any future orders may be placed on hold until outstanding amounts are settled. Additionally, we may withdraw any previously agreed credit terms, requiring payment to be made via bank transfer for all future orders. • Legal action: If payments continue to be overdue and the account remains unpaid, we may take legal action to recover the outstanding balance.

3.4 Refunds and adjustments

In the event of a return, cancellation, or dispute over payment, all refunds will be processed in accordance with the agreed terms, subject to our Returns Policy and Terms of Sale. Refunds may take up to 30 days to process, and they will be issued using the same payment method initially used.

1. Stock availability & delivery times

As a third-party distributor, we do not carry large quantities of stock in our warehouse. This means that delivery times for certain items may vary depending on manufacturer availability and the delivery partner chosen. If you require a product by a specific date, please ensure you specify this at the time of ordering, and we will work to accommodate your request. However, due to the nature of third-party stock handling, we cannot guarantee specific delivery times unless agreed upon in advance.

1. Returns and refunds

Gardiner Distribution accepts the return of new, unopened goods subject to prior written approval. A restocking fee may be charged based on the product type and condition. To return an item, you must first receive written approval from us.

• Returns must be delivered to: Gardiner Distribution 8 Craft Workshops Great Tong Farm Ashford, TN27 9PP • Products made to order are not eligible for return or refund.

For goods returned that do not meet a “brand new” standard, they will be made available for collection by the original purchaser. In some circumstances, Gardiner Distribution may offer a partial refund based on the current market value of the goods. Terms will be communicated in writing before processing.

5.1 Cancellation terms

Orders placed on behalf of businesses are final once confirmed. Cancellations will incur fees at our discretion. All refunds will be processed within 30 days of return sign-off without exception.

1. Warranty

Gardiner Distribution works with the manufacturer’s warranty for all goods supplied. The warranty covers the goods against defects in material and workmanship, subject to the manufacturer's terms and conditions.

• Assistance with service calls: Gardiner Distribution will assist customers in arranging a service call, if necessary. However, the final outcome of any service call, including whether a product is deemed faulty or requires a replacement, is solely determined by the manufacturer. Gardiner Distribution’s involvement in this process is strictly supportive and we make no guarantees regarding the manufacturer’s decision. • GDPR compliance: In accordance with GDPR (General Data Protection Regulation), we are unable to book service calls on your behalf or for your customer. This is due to the sensitive nature of customer data and our obligations under the regulation. We can, however, assist with facilitating communication between the customer and the manufacturer, as required. • Faults within 30 days of delivery: If a product is found to be faulty within the first 30 days following delivery, Gardiner Distribution will assume responsibility for resolving the issue. However, a service call will still be required to determine whether the fault lies with the product or its installation. • Installation faults: If a service call determines that the fault is due to incorrect installation, the cost of the service call will be chargeable to the customer. In such cases, the warranty will not cover the fault. • Warranty Limitations: The warranty provided is subject to the manufacturer's terms and conditions. Any claims outside of the manufacturer’s standard coverage, or those arising from misuse, accidental damage, or failure to follow installation guidelines, will not be accepted under this warranty. No additional warranty is provided by Gardiner Distribution beyond that of the manufacturer

1. Damages

At Gardiner Distribution, we take great care to ensure all goods are shipped in perfect condition. However, if goods arrive damaged, we have specific procedures to follow:

• Damage Reporting: All damages must be reported within 48 hours from the date of receipt. Reports should be made via email to sales@gardinerdistribution.com and must include the following details:

o Photographs of the damaged packaging and the damaged product o Serial number of the product o Original order number o Delivery address

• Failure to report: If damages are not reported within the specified 48-hour period, we may not be able to process a claim or assist with returns. It is crucial that damages are reported promptly to avoid any delays or complications. • Inspection of damages: In some cases, Gardiner Distribution may need to inspect the damages or request further information. This ensures that we can determine whether the damage occurred during shipping or was present before the item was dispatched.

Official Terms of Use

These terms apply to trade customers only. All purchases are made on behalf of a business and are governed by business-to-business (B2B) contract terms.

1. INTERPRETATION

In these Conditions: • “Customer” means any individual, firm, or company purchasing or receiving Goods or Services from the Supplier. • “Goods” means all physical products provided by the Supplier to the Customer under the Contract. • “Services” refers to any design, fabrication, fitting, or consultation services offered by the Supplier. • “Contract” means the agreement between the Customer and the Supplier for the supply of Goods and/or Services, incorporating these Conditions. • “Conditions” means the terms and conditions set out herein. • “Working Day” means any day other than Saturday, Sunday, or public holidays in England, between the hours of 8:00am and 4:00pm. • “Writing” includes emails but excludes fax transmissions.

1. BASIS OF SALE AND CONTRACT FORMATION

2.1 All quotations are made and orders accepted subject to these Conditions. 2.2 No order shall be binding on the Supplier unless and until confirmed in Writing by the Supplier. 2.3 Any terms proposed by the Customer that conflict with these Conditions shall be ineffective unless expressly agreed to in Writing. 2.4 No variation to the Contract shall be binding unless agreed in Writing by an authorised representative of the Supplier.

1. QUOTATIONS AND SPECIFICATIONS

3.1 All quotations issued by the Supplier are valid for 30 days unless otherwise stated and are subject to revision. 3.2 The Supplier reserves the right to alter specifications or designs without notice, provided the changes do not materially affect quality or performance. 3.3 Any descriptive matter, illustrations, or advertising produced by the Supplier are for illustrative purposes only and do not form part of the Contract.

1. PRICES AND PAYMENT TERMS

4.1 Prices are exclusive of VAT unless otherwise stated. 4.2 Payment is due in full upon the agreed invoice terms (standard: 30 days from invoice date), unless otherwise agreed in Writing. 4.3 The Supplier reserves the right to suspend delivery or cancel outstanding orders in the event of non-payment. 4.4 Interest will be charged on overdue accounts at a rate of 8% per annum above the Bank of England base rate. 4.5 The Customer shall not be entitled to withhold payment due to counterclaims or set-off.

1. DELIVERY AND RISK

5.1 Delivery times are estimates and time shall not be of the essence. 5.2 Risk in the Goods shall pass to the Customer upon delivery or attempted delivery. 5.3 Delivery shall be made either to the address specified by the Customer or by collection from the Supplier’s premises. 5.4 The Supplier shall not be liable for any losses or damages caused by late delivery. 5.5 Claims for short or damaged delivery must be made in Writing within 3 Working Days of receipt.

1. TITLE AND OWNERSHIP

6.1 Ownership of the Goods shall remain with the Supplier until full payment is received. 6.2 Until title passes, the Customer shall: • a) Store the Goods separately and clearly marked as the Supplier’s property; • b) Maintain them in satisfactory condition and keep them insured. 6.3 The Supplier reserves the right to repossess any unpaid Goods and enter the Customer’s premises to do so. 6.4 The Customer shall not pledge or charge any Goods which remain the property of the Supplier.

1. WARRANTY

7.1 The Supplier warrants that the Goods will be free from material defects in design, workmanship and materials for a period of 12 months from the date of delivery unless otherwise stated. 7.2 The warranty does not apply to damage caused by misuse, alteration, improper storage or wear and tear. 7.3 In the event of a valid warranty claim, the Supplier shall at its discretion repair, replace, or refund the Goods. 7.4 The Customer must notify the Supplier in Writing of any warranty claim within 3 Working Days of discovery.

1. LIMITATION OF LIABILITY

8.1 Nothing in these Conditions shall limit the Supplier’s liability for death or personal injury caused by negligence. 8.2 Subject to Clause 8.1, the Supplier shall not be liable for: • a) Loss of profit or anticipated savings; • b) Loss of business, goodwill, or reputation; • c) Any indirect, special, or consequential losses. 8.3 Our total liability, whether in contract, tort, or otherwise, shall not exceed the price paid for the goods. 8.4 The Customer is responsible for ensuring the Goods and Services are suitable for their intended use.

1. INTELLECTUAL PROPERTY

9.1 All designs, drawings, and intellectual property created by the Supplier remain the exclusive property of the Supplier. 9.2 The Customer shall not reproduce, distribute, or use any such materials without prior Written consent.

1. RETURNS AND CANCELLATIONS

10.1 No Goods may be returned without prior agreement in Writing. 10.2 Custom or made-to-order items are non-returnable unless defective. 10.3 Cancelled orders may incur restocking fees and any non-recoverable costs.

1. INDEMNITY

The Customer shall indemnify the Supplier against any liability, damages or expenses incurred as a result of: • a) Any breach by the Customer of these Conditions; • b) Any third-party claim arising from the Customer’s use or resale of the Goods.

1. FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, labour disputes, or supply chain disruptions.

1. TERMINATION

13.1 The Supplier may terminate the Contract with immediate effect if the Customer: • a) Commits a material breach of these Conditions; • b) Becomes insolvent, or enters administration or liquidation. 13.2 Upon termination, all outstanding sums shall become immediately due and payable.

1. GENERAL

14.1 Notices must be in Writing and sent to the party’s registered address or email. 14.2 If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force. 14.3 The Contract is governed by English law and the parties submit to the exclusive jurisdiction of the English courts. 14.4 No failure or delay by the Supplier in enforcing any provision shall be deemed a waiver.