Terms and Conditions

SPS Envirowall Limited (Part of Benx Group of Companies)
Online Trade Customer Terms and Conditions of Sale

In these Conditions, “the Company” means SPS Envirowall Limited (Company Registration Number 11353865). “Conditions” means these terms and conditions. “The Customer” means the person, firm or company purchasing the Goods through the Company’s website, in the course of a business. “The Contract” means the contract for the sale of the Goods made between the Company and the Customer. “The Goods” means the goods, materials or services (including samples, where relevant) which are the subject of the Contract.

1.  Contract Formation and Order Acceptance

1.1  These Conditions apply to all Contracts and orders placed with and accepted by the Company. They take precedence over any terms the Customer seeks to apply or refer to in any order, correspondence, contract, or negotiation.

1.2  No change to these Conditions is valid unless expressly agreed in writing by a Director of the Company.

1.3  Any quotation issued by the Company is for reference only and is not a binding offer. No order from the Customer will be binding until accepted in writing by the Company.

1.4  By placing an order, the Customer confirms that it and its authorised representatives have the authority to enter into a contract. The Customer must ensure that all order details and specifications are accurate, as the Company will rely on this information.

2.  Prices and Quotations

2.1  Prices ('the Price') are as quoted by the Company and remain valid for 30 days from the quotation date. If no valid quotation exists, the Price will be the Company’s standard price on the delivery date.

2.2  The Customer is responsible for confirming the required quantities, even if the Company provides an estimate.

2.3  Quotations apply solely to the supply of Goods under these Conditions and may be withdrawn or amended by the Company at any time before acceptance of the Customer’s order.

2.4  For goods requiring tolerances beyond normal industry standards, the Customer must notify the Company in writing when placing the order, and the Company must confirm acceptance in writing.

2.5  The Company may, without notice, make reasonable changes to specifications, designs, descriptions, drawings, or illustrations, and may substitute equivalent goods where necessary.

2.6  The Company may increase the Price up to seven days before delivery to reflect cost increases beyond its control (e.g., exchange rates, taxes, materials). The Customer may cancel up to three days before delivery if such an increase occurs.

2.7  All prices exclude VAT and delivery unless stated otherwise.

 

3.  Payment Terms

3.1  Customers must pay in full when ordering.

3.2  Payments are deemed received only when the Company has cleared funds. Time for payment is of the essence.

 

4.  Delivery

4.1  Delivery terms will be agreed upon order confirmation.

4.2  The Company will not be liable for delays caused by circumstances beyond its reasonable control.

4.3  The Customer must ensure premises are safe and suitable for delivery, installation, and use of the Goods, and comply with all applicable laws.

4.4  If the Company agrees to deliver other than in its standard manner, additional delivery and administration charges may apply.

 

5.  Returns, Cancellations and Refunds

5.1  Customers who purchase goods online have the right to cancel their order within 14 days of receiving the goods, without providing a reason.  Customers must notify the Company of their decision to cancel within this 14-day period.  Cancelled items must be returned to a Company branch within a further 14 days.  A 20% restocking fee will apply to returns of unwanted items purchased.

5.2  Unwanted Items

If the return is for any reason other than the goods being faulty or not as described, they must be:

1. Unused and in their original condition;
2. In the original undamaged packaging with all tags and labels attached
3. Accompanied by the original receipt or proof of purchase

5.3 Excluded Items

The right to cancel does not apply to the following items unless they are faulty or not as described:

1. Tinted paints and renders: Goods mixed or tinted to a Customer’s specific requirements once the mixing process has begun.
2. Made-to-measure products: Items manufactured or cut to Customer specifications, including verge trims, beading, and insulation.
3. Non-stock and special-order goods: Items ordered specifically for the Customer and not normally held in stock.

5.4  Return Method

Returns can be made either in person, by post or by courier to a Company branch.

All returned items must be accompanied by valid proof of purchase or order confirmation email.

5.4.1  Charges and Responsibilities

1. A 20% restocking fee applies to any returned unwanted items
2. Unless goods are faulty or not as described, all transport or return costs are the responsibility of the Customer

5.5  Refunds

Refunds will be processed within 14 days of the returned goods being received at a Company branch, or from the date cancellation is confirmed (whichever occurs later).

Refunds will be issued to the original payment method.

5.6  Faulty or Incorrect Goods 

Customers may return goods that are faulty or not as described within 30 days of purchase for a full refund.

After 30 days, Customers may be entitled to a repair or replacement. Where this is not possible, a partial refund may be offered.  All reasonable return costs in these circumstances will be covered by the Company.

5.7  Cancellations and Returns

To cancel or return goods, Customers must:

1. Notify the Company of their intention to cancel or return by contacting orders@spsenvirowall.co.uk  within the applicable timeframe.
2. Return the item(s) to a Company branch within the required return period
3. Provide proof of purchase or order confirmation

6.  Guarantees

6.1  Goods are covered only by the manufacturer’s guarantee (where applicable), which is valid subject to correct use, application, specification, and installer compliance with training requirements.

6.2  If Goods are defective due to a manufacturing fault, the Company may repair, replace, or refund them if notified within 7 days and given a reasonable opportunity to inspect.

6.3  The guarantee will not apply if: (i) the Customer uses the goods after reporting a fault; (ii) the Customer fails to follow installation, storage, or maintenance instructions; (iii) the goods are altered or repaired without the Company’s written consent.

6.4  Training is mandatory for installer competence, but does not guarantee workmanship, and the Company is not responsible for the quality of installation.

6.5  System guarantees are separate from workmanship guarantees and are only available when the terms of this contract have been met fully.

6.6  A request for a system guarantee must be made in writing to technical@benx.co.uk no later than the date on which the first order for the project is placed.

6.7  Before granting a system guarantee, the Company requires inspections, photographs, and quality assurance documents. A system guarantee is only available after proper installer training. The company may also conduct site visits.

6.8  The Company is not responsible for any removal or reinstallation costs, unless agreed in writing.

6.9  Any replaced goods become the property of the Company.

 

7.  Liability

7.1  Nothing in these Conditions limits the Company’s liability for death, personal injury, fraud, or statutory title guarantees.

7.2  The Company’s total liability under any Contract is limited to the value of the goods supplied.

7.3  The Company is not liable for indirect or consequential loss, including loss of profit, business, savings, production, or goodwill.

7.4  The Customer shall indemnify the Company for losses caused by the Customer’s negligence, breach of duty, or breach of contract.

 

8.  Ownership of Goods

8.1  Ownership passes to the Customer only when the Company has received full payment for all goods and any other sums owed.

8.2  Until ownership passes, the Customer must: (i) hold the goods as the Company’s bailee; (ii) store them separately, clearly identifiable as the Company’s property; (iii) keep them in good condition and insured for their full value.

8.3  The Company may enter the Customer’s premises to inspect or repossess goods at any time before ownership passes.

8.4  The Customer’s right to sell goods before ownership passes ends immediately if the Customer becomes insolvent or breaches the Contract.

 

9.  Specifications, Sizes, and Tolerances

9.1  All sizes are subject to tolerances in accordance with applicable British Standards.

9.2  The Company may deliver up to 10% more or less than the ordered weight or volume, adjusting the price accordingly.

9.3  Packaging such as crates, pallets, stillages and cases may be charged and refunded if reusable items are returned in good condition within 28 days.

9.4  The Customer is responsible for disposing of any waste in compliance with applicable laws.

 

10.  Intellectual Property

10.1  The Company does not guarantee that the Goods do not infringe third-party intellectual property rights.

10.2  The Customer shall indemnify the Company against claims arising from Goods supplied to the Customer’s specifications or designs.

 

11.  Notices

11.1  Notices must be in writing and sent by first-class post to the recipient’s main business address or last known address.

11.2  Notices are deemed received 48 hours after posting.

 

12.  Force Majeure

The Company may delay or cancel delivery without liability if events beyond its control prevent performance, including natural disasters, government actions, war, strikes, fires, floods, epidemics, or supplier delays.

 

13.  Termination

13.1  The Company may suspend or cancel the Contract if the Customer becomes insolvent, breaches the Contract, or if the Company reasonably believes such events are likely to occur.

13.2  On termination, all sums owed to the Company become immediately payable.

 

14.  Governing Law and Jurisdiction

14.1  These Conditions are governed by English law, unless the Company elects to apply Scottish law for contracts involving Scottish delivery addresses.

14.2  Disputes shall be subject to the jurisdiction of the English or Scottish courts, as applicable.

 

15.  Assignment and Third-Party Rights

15.1  The Customer may not assign the Contract without the Company’s written consent. The Company may assign or subcontract without consent.

15.2  No third party has the right to enforce any term of the Contract.