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Online Purchase Terms and Conditions of Sale

  1. About us
    1.1 Company details. Thame Engineering Co Limited (company number 02149520) (we and us) trading as Thame Workholding is a company registered in England and Wales and our registered office and main trading address is at Field End, Thame Road, Long Crendon, Aylesbury, Bucks, HP18 9EJ. Our VAT registration number is GB 462 2561 58. We operate the website https://shop.thameworkholding.com/.
    1.2 Contacting us. To contact us telephone our customer service team at +44 (0) 1844 208050 or email sales@thameworkholding.com. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
  2. Our contract with you
    2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
    2.2 Entire agreement. Unless we have agreed to vary any of these terms when you have set up a business account with us or to vary the right to return Goods as set out in clause 5.3, the Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    2.3 Language. These Terms and the Contract are made only in the English language.
    2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
    2.5 The term Goods shall refer to any goods purchased from us, whether via our website, via telephone or via our sales representative or any Bespoke Goods or Special Order Goods purchased from us.
  3. Placing an order and its acceptance
    3.1 If you are placing your order via our website. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Goods specified in the order subject to these Terms.
    3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
    3.3 Placing an order via telephone: you can contact our sales team if you have a business account set up with us to receive a quotation (Quotation) for Goods or place an order for Goods we hold in stock.
    3.4 Placing an order via face to face with our sales representative: You may place an order directly with our sales representative who attends your premises for Goods held in stock. We will provide you with a Quotation in respect of Bespoke or Special Order Goods. Any such order will be accepted in accordance with clause 3.6.
    3.5 Quotations: all Quotations are valid for 14 days. Any extension of a Quotation’s validity period is entirely at our discretion. Prices quoted are valid for the quantity of Goods stated on the Quotation.
    3.6 Acknowledging receipt of your order. After you place an order via our website, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.7.
    3.7 Accepting your order. Our acceptance of your order which is made via our website, via telephone or via our sales representative takes place when we either:
    a) send the email to you to accept it; or
    b) by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation) at which point the Contract between you and us will come into existence. The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
    3.8 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
  4. Our goods
    4.1 Goods on our website: The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
    4.2 Bespoke Goods: we accept orders for bespoke Goods (Bespoke Goods) via telephone or by email, made to your requirements and we shall agree a specification (Specification) for the Goods with you in order for you to place an order. We shall accept an order for Bespoke Goods in accordance with clause 3.6.
    4.3 We reserve the right to amend the specification of the Goods, Bespoke Goods or Special Order Goods if required by any applicable statutory or regulatory requirement.
    4.4 Your liability for providing a specification: To the extent that the Bespoke Goods are to be manufactured in accordance with a Specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of the Specification. This clause 4.4 shall survive termination of the Contract.
    4.5 Special Order Goods: you can place and order for special order goods via telephone or email (Special Order Goods) which we currently do not hold in stock and which we shall order in for you. We shall accept an order for Special Order Goods in accordance with clause 3.6.
  5. Return or refund
    5.1 You may cancel the Contract in writing for Goods purchased via our website or those we are able to resell and receive a refund less our restocking charge, if you notify us as set out in clause 5.3 within two days of your receipt of our email accepting your order or the Dispatch Confirmation (whichever is applicable).
    5.2 However, this cancellation right does not apply in the case of:
    a) Bespoke Goods;
    b) Special Order Goods; or
    c) any Goods which become mixed inseparably with other items after their delivery.
    5.3 We usually charge a restocking charge of 20% of the order value for returned Goods, but this may vary depending on the nature of the Goods and some Goods are not returnable. We shall confirm the position regarding return of Goods to you at the point of order. All Goods returned should be unused and in their original packaging.
    5.4 To cancel the Contract, you must email us at sales@thameworkholding.com or contact our Customer Services team by telephone on +44 (0)1844 208050 If you are emailing us please include details of your order to help us to identify it.
    5.5 If you have returned the Goods purchased via our website to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Goods.
    5.6 If Goods (excluding Bespoke Goods and Special Order Goods) have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back, or hand them to our authorised carrier. If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
    5.7 Inspection of Goods: You should inspect the Goods within three working day from delivery and notify us if there are any errors, omissions or damage.
    5.8 In the event of non-delivery: you should advise us of non-delivery within seven days of the dispatch confirmation, or our invoice to you.
    5.9 We will only accept liability for non-delivery, shortage or damage if we have arranged the method of dispatch. If you have arranged for collection of the Goods, or liability ceases once the goods have been loaded by your carrier.
  6. Delivery, transfer of risk and title
    6.1 We will contact you with an estimated delivery date, which will be within seven days or of Dispatch Confirmation for Goods. For Bespoke Goods or Special Order Goods we will provide an estimated delivery date as soon as reasonably practical and will confirm the date to you.
    6.2 Delivery dates are estimates and the time and date of delivery shall not be of the essence of the Contract.
    6.3 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 (Events outside our control) for our responsibilities when this happens.
    6.4 All delivery is EX Works unless otherwise agreed in writing by us.
    6.5 Delivery is complete and risk passes to you once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us.
    6.6 You own the Goods once we have received payment in full, including of all applicable delivery charges.
    6.7 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
    6.8 In the event that we have agreed that you or your carrier shall collect your order from our premises and you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
    6.9 Until ownership of the Goods has passed to you in accordance with clause 6.6 you shall:
    a) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
    b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
    c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
    d) notify us immediately if you becomes subject to any of the events listed in clauses 13.1(c) and 13.19 (d); and
    e) give us such information as we may reasonably require from time to time relating to:
    i. the Goods; and
    ii. your ongoing financial position.
    6.10 At any time before title to the Goods passes to you, we may require you to deliver up all Goods in your possession that have not irrevocably incorporated into another product and if you fail to do so promptly, enter any premises owned or used by you or of any third party where the Goods are stored in order to recover them.
  7. International delivery
    7.1 We deliver to certain countries and you should our contact Sales team to find out if we can delivery to your chosen destination (International Delivery Destinations).
    7.2 If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    7.3 You will be responsible for payment of any such import duties and taxes and any additional export costs we incur. Please contact your local customs office for further information before placing your order.
    7.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
  8. Price of goods and delivery charge
    8.1 Goods purchased via our website: The prices of the Goods will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.7 for what happens if we discover an error in the price of Goods you ordered.
    8.2 Goods purchased via telephone, via our sale representative, Bespoke Goods and Special Order Goods: The price of the Goods shall be as set out in our Quotation.
    8.3 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
    8.4 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
    8.5 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order, or as set out on our Quotation.
    8.6 In respect of orders made by telephone, via our sales representative or in respect of Bespoke Goods or Special Order Goods over the value of £10,000 (excluding VAT): we require 30% of the order value as a deposit payment, 50% of the value of the 7 order and all applicable delivery charges to be paid prior to dispatch of the Goods and the remaining 20% of the order value to be paid within 30 days of dispatch of the Goods.
    8.7 It is always possible that, despite our best efforts, some of the Goods on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
    a) where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
    b) if the Goods’ correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and confirm how we can refund or credit note any funds due back to you.
  9. How to pay
    9.1 Goods purchased on our website: You can only pay for Goods using a debit card or credit card. Payment for the Goods and all applicable delivery charges are taken at the time of order unless otherwise stated in these terms and conditions.
    9.2 Goods purchased by telephone, via our sales representative or for Bespoke and Special Order Goods: We shall issue you with an invoice for payment. For payments over £3,000.00 (excluding VAT) we only accept payment by bank transfer or debit card. Subject to clause 8.6 if the order value is over £10,000 (excluding VAT) all payments must be made by bank transfer or credit card.
    9.3 We allow Goods to be ordered on credit for customers who have a business account set up with us, providing the account is settled in accordance with our agreed payment timescale confirmed to you on the opening of your business account. In all other cases, payment of our invoices should be made within 30 days, unless varied by us in writing.
    9.4 If you exceed our agreed credit terms, we reserve the right to suspend all outstanding orders and you shall be required to pay all outstanding invoices, whether or not they have fallen due.
    9.5 You are not permitted to withhold payment or any amount due to us due to a disputed claim you in respect of defective Goods or breach of contract.
    9.6 You are not permitted to set-off any sums due to us without our prior written consent.
  10. Manufacturer’s guarantee
    Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
  11. Our warranty for the goods
    11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
    11.2 We provide a warranty that on delivery and for a period of 6 months from delivery, the Goods, Bespoke Goods and Special Order Goods shall:
    a) subject to clause 4, conform in all material respects with their description; and
    b) be free from material defects in design, material and workmanship;
    c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
    d) be fit for any purpose held out by us.
    11.3 Subject to clause 11.4, if:
    a) you give us notice in writing within in accordance with clause 5.7 or a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;
    b) we are given a reasonable opportunity of examining the Goods; and
    c) we ask you to do so, you return the Goods to us at our cost,
    we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
    11.4 We will not be liable for breach of the warranty set out in clause 11.2 if:
    a) you make any further use of the Goods after giving notice to us under clause 11.3;
    b) the defect arises as a result of us following any drawing, design or Specification supplied by you or agreed by you;
    c) you alter or repair the Goods without our written consent;
    d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
    e) the Goods differ from their description or Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    11.5 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.
    11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
    11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
  12. Our liability: your attention is particularly drawn to this clause
    12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    12.2 Nothing in these Terms limits or excludes our liability for:
    a) death or personal injury caused by our negligence;
    b) fraud or fraudulent misrepresentation;
    c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
    d) any other liability that cannot be limited or excluded by law.
    12.3 Subject to clause 12.2, we will under no circumstances be liable to you for:
    a) any loss of profits, sales, business, or revenue; or
    b) loss of business opportunity; or
    c) loss of anticipated savings; or
    d) loss of goodwill; or
    e) any indirect or consequential loss.
    12.4 Subject to clause 12.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
    12.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
  13. Termination
    13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
    a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within fourteen days of you being notified in writing to do so;
    b) you fail to pay any amount due under the Contract on the due date for payment;
    c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
    d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  14. Events outside our control
    14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control)
    14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
    a) we will contact you as soon as reasonably possible to notify you; and
    b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
  15. Communications between us
    15.1 When we refer to “in writing” in these Terms, this includes email.
    15.2 Any notice or other communication given [by one of us to the other] under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
    15.3 A notice or other communication is deemed to have been received:
    a) if delivered by hand, at the time the notice is left at the proper address;
    b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
    c) if sent by email, at 9.00 am the next working day after transmission.
    15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  16. General
    16.1 Assignment and transfer.
    a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing if this happens.
    b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
    16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    16.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

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