Whiteland Engineering Ltd. - Standard Conditions Of Sale
In these Conditions the "Company" means Whiteland Engineering Limited, Torrington Lane, Bideford, Devon. EX39 4BH.
The “Customer” means the party identified as the Customer in this agreement to whom the Company may agree to supply Products in accordance with these terms and conditions.
The “Products” relate to goods or services provided by the Company to the Customer in accordance with these terms and conditions.
1 – GENERAL
1.1 All orders placed with the Company by the Customer for Products shall constitute an offer to the Company, under these terms and conditions, subject to the acceptance of the order by the Company’s authorised representative.
1.2 All orders for Products are accepted and supplied subject to these express terms and conditions only. No amendment or deviation from these conditions will be valid or accepted unless confirmed in writing by the Company’s authorised representative.
1.3 Each order received by the Company will be deemed to form a separate contract to which these terms and conditions apply and any waiver or act of non-enforcement or variation of these terms or part thereof shall not bind or prejudice the Company in relation to any other contract.
1.4 The Customer shall not be entitled to cancel the order or any part thereof without the Company’s full and written approval. The Company reserves the right to recover any and all costs and expenses associated with such cancellation.
1.5 It is agreed that these terms and conditions prevail over the Customer’s terms and conditions of purchase unless these latter terms and conditions are amended by the Company in writing and signed by the Company’s authorised representative.
2 - PAYMENT TERMS
2.1 Approved credit accounts are payable by end of month following invoice date. Any Order arising from a Quotation will only be accepted as a firm order. Any request for cancellation or modification will only be considered on terms, to be mutually agreed in writing.
2.2 All prices stated exclude VAT
2.3 The Company reserves the right to charge interest at a rate of 4% above the base rate of H.S.B.C Bank on overdue accounts.
2.4 The Customer’s power of sale or right to use unpaid Products shall cease immediately an Administrative Receiver is appointed over all or part of its assets or if it is adjudicated bankrupt or enters into liquidation whether compulsory or voluntary, or if the Customer makes an arrangement with its
creditors, or generally becomes unable to pay its debts within the meaning of the Insolvency Act 1986.
2.5 On termination of the Customer’s power of sale or right to use the Products the Customer will immediately hold the Products to the order of the Company.
3 - CARRIAGE
3.1 Carriage on Products will be charged at cost unless specifically quoted otherwise.
4 - PACKING
4.1 Packing cases will be charged at cost. Cases will be credited if returned in good condition within 28 days, CARRIAGE PAID.
5 – DESPATCH, DAMAGE OR SHORTAGE.
5.1 Every effort will be made to despatch goods on the date advised, but the Company cannot accept any liability for loss through delay or non delivery and shall not be liable for any damages or penalties should such delay occur.
5.2 Products are despatched by the Company using a courier service of its choice. If the outer packaging is visibly damaged, then goods should not be accepted from the courier, or they should be signed for only after noting that the packaging has sustained damage. If the goods are found to be damaged after unpacking, the Company must be informed immediately.
5.3 The Customer must inspect the Product shortly after delivery and advise the Company, in writing, within 3 working days from receipt if quantities are incorrect or if Products are damaged or defective. The practice of signing for the goods “not examined” does not absolve the customer from this condition.
5.4 The Company reserves the right to make over and under quantity deliveries to those quantities originally ordered as dictated by the manufacturing process.
6 - RETURN OF GOODS
6.1 Goods returned which were supplied in accordance with a Customer’s order will be credited only on condition that the Company’s written agreement to the return of such goods has first been obtained. In all instances, goods when returned are to be consigned to the Company carriage paid.
7 - GUARANTEE
7.1 The Company guarantees its Products as free from defects due to faulty material or workmanship for a period of six calendar months from the date of delivery to the Customer.
7.2 The liability of the Company under this guarantee shall be limited to the replacement of parts found defective and to making good all defects found within such period of six months, arising solely from faulty material or workmanship in products of the Company’s own manufacture properly used solely for the purposes for which they are intended and not due to wear and tear, misuse, neglect or improper adjustment.
7.3 It is a condition of such liability that notice of such defect be sent to the Company immediately it is known, in writing and that, if required, the Products shall be forwarded to the Company carriage paid. If the Company accepts liability, the repaired or replacement products will be delivered free to the Customer’s works.
7.4 The Company gives no guarantee in respect of any proprietary goods supplied with the Company’s products, but will so far as possible transfer the benefit of such guarantee, if any, given by such other manufacturers themselves, to the Customer.
7.5 Under no circumstance will the Company be liable for any incidental or consequential damage or expense of any kind, including, but not limited to, personal injury and loss of profits arising in connection with any contract or with the use, abuse, unsafe use, or inability to use the Products supplied by the Company.
7.6 This guarantee is given and shall be accepted in substitution for and to the exclusion of all conditions, warranties and liabilities whatsoever imposed or implied by Statute, Common Law or otherwise in respect of the Company’s Products and no modification of the terms hereof is authorised whether or not the Customer, at the time of purchase shall receive a copy hereof.
8 - CUSTOMERS’ PROPERTY
8.1 This is received, handled, stored and work carried out thereon entirely at owners’ risk.
9 - TITLE AND RISK.
9.1 Title of the Product shall not pass to the Customer until the Company has received payment in full.
9.2 Risk shall pass to the Customer at the time the Products are received by the Customer using a courier service of the company’s choice.
10 - LAW
10.1 These terms and conditions shall be governed and construed in accordance with English Law. Any dispute under any contract entered into by the Company shall be settled in a court of the Company’s choice, operating under English Law and the Customer agrees to attend such proceedings.
10.2 No action can be brought arising out of any contract more than 6 months after the delivery date of the contract.
10.3 In the event of any of these terms and conditions, or any part of them, being judged illegal or unenforceable for any reason, the continuation in force and effect of the remainder of them shall not be prejudiced.