These Terms and Conditions govern access to the ERW Essentials website and our business-to-business wholesale catalogue, sourcing, quotation and supply services. By creating a trade account, submitting an enquiry or Quote List, accepting a quotation, or placing an order, you agree to the terms that apply to that activity.
1. Business use
Our catalogue and quotation service is intended primarily for buyers acting for a trade, business, profession, charity, public body or other organisation. By submitting a quote request, you confirm that you are authorised to act for the named organisation and that the information you provide is accurate. If you are acting wholly or mainly as a consumer, tell us before accepting a quotation. Nothing in these terms removes rights that cannot legally be excluded.
2. Website catalogue
Product descriptions, images, indicative prices, availability, MOQs, specifications and lead times on the website are general catalogue information. They may be supplied by third parties and can change. Colours and packaging may vary. Website content is not a binding offer, guarantee of stock, or promise that a product is suitable for your intended market or use.
3. Quote Lists and enquiries
Adding a product to a Quote List or submitting a Quote List is a request for information only. It does not reserve stock, create an order, authorise payment, or create a supply contract. We may ask for clarification, buyer verification, product specifications, destination, certification needs, quantities or other information before issuing a quotation.
4. Quotations and formation of a contract
A quotation is valid only for the period stated in it and may be withdrawn before acceptance. Unless stated otherwise, pricing is subject to final stock, supplier confirmation, credit checks, destination, currency movement, freight and compliance requirements.
A binding contract is formed only when: (a) you accept our final written quotation in the required manner; (b) any required deposit, advance payment or approved credit arrangement is completed; and (c) we issue a written order confirmation. If these documents conflict, the order confirmation, accepted quotation, any agreed specification and these terms apply in that order.
5. Prices, taxes and payment
Unless a quotation expressly says otherwise, prices exclude VAT, sales or use taxes, customs duties, import charges, inspection costs, insurance and delivery. You are responsible for charges allocated to you in the quotation and for correct import or resale documentation.
Payment terms, currency, deposit, balance date and accepted payment method will be stated in the quotation or order confirmation. Time for payment is material. We may suspend sourcing, production or delivery while an amount is overdue and may charge lawful interest and reasonable recovery costs.
6. Minimum order quantities and product changes
MOQs and quantity breaks apply as stated in the final quotation. For manufactured or bulk-packed goods, reasonable quantity tolerances may apply only where disclosed before order confirmation. A requested change is effective only when accepted by us in writing and may change price, MOQ, timing and delivery cost.
7. Buyer responsibilities
You must provide complete and accurate specifications, artwork, quantities, delivery details, intended use, destination-market requirements and deadlines. Unless we expressly agree in writing to take responsibility for a specified compliance task, you are responsible for confirming that products, packaging, labels, documentation, intellectual-property use, import and resale comply with laws and standards in the destination market. Samples or pre-production proofs should be checked carefully before approval.
8. Availability, sourcing and substitutions
Supply is subject to supplier acceptance and availability. We will not make a material substitution without your agreement. If an exact item becomes unavailable before contract formation, we may propose an alternative. After contract formation, any agreed substitution will be recorded in writing.
9. Delivery
Delivery method, destination, Incoterm (if any), cost and estimated timing will be stated in the quotation or order confirmation. Dates are estimates unless expressly agreed in writing as fixed. You must ensure that the delivery location can safely receive the goods and promptly provide import, customs or access information.
Risk and title pass at the point stated in the accepted quotation, applicable Incoterm or order confirmation. If none is stated, risk passes on delivery to the agreed destination and title passes only after we receive payment in full. We may make reasonable partial deliveries where this does not materially disadvantage you.
10. Inspection, shortages and damaged goods
You must inspect goods as soon as reasonably practicable. Visible transit damage, shortages or incorrect products should be noted on the carrier record where possible and reported to us with photographs, packaging evidence, quantities, SKU and delivery documents within 5 business days of delivery. Hidden defects should be reported promptly after discovery and within the applicable warranty or legal period. Failure to report promptly may limit our ability to pursue a carrier or supplier, but does not remove rights that cannot lawfully be excluded.
11. Cancellations and returns
Because orders are business-to-business and may involve reserved, imported, customised or specially sourced stock, there is no automatic change-of-mind cancellation right unless we agree otherwise in writing. Cancellation after order confirmation requires our written agreement and may be subject to reasonable, evidenced costs already incurred or commitments made. Returns are governed by our Returns & Refunds Policy and the accepted quotation.
12. Product quality and remedies
We will use reasonable care in sourcing and supplying goods that materially match the agreed specification. Where goods are verified as defective, damaged before risk passed, materially non-conforming or incorrectly supplied, the appropriate remedy may be repair, replacement, re-performance, credit or refund, taking account of the circumstances and applicable law. Products must not be used, altered, relabelled or resold after a defect is identified where doing so could increase loss or create a safety risk.
13. Intellectual property
The website, branding, layout and original content are owned by or licensed to ERW Essentials. You may use catalogue information only for evaluating a genuine purchase unless we approve another use. Product marks and third-party content belong to their respective owners. You warrant that materials, specifications, branding or artwork you supply do not infringe third-party rights.
14. Confidentiality
Each party must protect non-public commercial, pricing, sourcing and technical information received from the other and use it only for the relevant enquiry or contract, except where disclosure is required by law or to advisers and service providers bound by appropriate duties.
15. Liability
Nothing limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of title obligations, or any liability that cannot legally be limited.
Subject to that, neither party is liable for indirect or consequential loss, or loss of profit, revenue, business, opportunity, goodwill or anticipated savings. Our total aggregate liability arising from a supply contract will not exceed the total amount paid or payable for the affected goods under that contract, except where a different limit is expressly agreed or applicable law requires otherwise. You are responsible for taking reasonable steps to reduce avoidable loss.
16. Events outside reasonable control
Neither party is responsible for delay or failure caused by events outside its reasonable control, including natural disasters, war, sanctions, epidemic, industrial action, carrier disruption, port congestion, cyber incident, government action, supplier failure or shortage of materials. The affected party will notify the other where reasonably possible and take reasonable mitigation steps. If the event materially prevents performance for an extended period, either party may discuss cancellation of the affected part and allocation of unavoidable costs.
17. Account security and acceptable use
You must keep account credentials secure and notify us of suspected misuse. You must not attempt unauthorised access, interfere with the website, submit unlawful or misleading content, scrape the catalogue at scale, impersonate another person or use the service for fraud, sanctions evasion or unlawful trade. We may restrict access where reasonably necessary to protect users, systems or legal compliance.
18. Data protection
We handle personal information as described in our Privacy Policy. Each business remains responsible for its own data-protection obligations when exchanging contact or fulfilment information.
19. General
If a provision is invalid, the remaining provisions continue. Delay in enforcing a right is not a waiver. You may not transfer a contract without our written consent; we may transfer it as part of a genuine business reorganisation or sale provided this does not reduce your rights. No person other than the contracting parties has a right to enforce these terms unless expressly stated.
20. Governing law and disputes
Before starting formal proceedings, the parties will try in good faith to resolve a dispute through their authorised commercial contacts. Unless the accepted quotation states otherwise or mandatory law applies, these terms and each contract are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
21. Contact
Questions about these terms may be submitted through our contact page.