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Terms & Conditions of Sale
For goods other than those manufactured where specific Terms and Conditions
apply.
1. Any contract made with the company is subject to these terms unless
these terms are excluded or varied by expressed written agreement
made by the company and the customer, any conflicting terms of business
of the customer shall have no effect.
2. Quotations are in sterling calculated at rates specified in
the quotation and the company have the right to adjust the quotation
in accordance with variances in exchange rate at the date of payment
by the company- this may require additional invoices or credit notes.
Further, quotations are based on costs ruling at the date of quotation
and in the event of any changes in costs prior to delivery the company
shall increase or decrease the price to the customer accordingly.
3. Where applicable, all descriptive and technical specifications,
drawings, catalogues, illustrations and particulars of weight and
dimension submitted with a quotation are approximate only and shall
form no part of any contract.
4. Every effort will be made to keep to dates specified but the
company accepts no liability in case of failure to do so
5. If the manufacture or delivery of all or some of the goods is
hindered prevented or delayed by force majeure the company shall
not be liable for any loss or damage caused thereby but shall have
the option to cancel wholly or in part or to suspend or delay delivery
without incurring any liability to the customer. Force majeure covers
all events or circumstances beyond control of the company which
by their nature could not reasonably have been foreseen are unavoidable
and which prevent or hinder the total or partial performance or
any obligation under the contract.
6. Terms - Strictly net monthly.
7. In the event of the customers failing to comply with the companies
terms of payment, the company reserves the right to charge interest
at a rate of 2 % per month. In the event that any money is owed
to the customer in respect of this contract the company may without
prejudice to any other remedy deduct all or part of such amount
from any sum owed by the company to the customer.
8. Goods shall remain the property of W.I.R.S. (W-TON) Ltd until
the whole of the contract price has been paid but the risk in the
goods shall pass to the customer after delivery to the customers
premises.
9. The company's liability in respect of goods supplied or for
any loss in injury or damage attributable to any defect in or failure
of such goods shall be limited to making good by replacement or repair at the option of the company defects
which under proper use appear therein.
The customer shall receive only the benefit of the guarantee given
to the company.
10. Save as is herein before provided any express or implied conditions
statement or warranty (whether arising by stature or otherwise)
in respect of the goods or as to their description merchantability
of fitness for any purpose or otherwise is excluded.
11. The company shall not be liable for any loss or damage of any
description howsoever arising whether caused by the negligence of
the company its servants or agents or otherwise and whether arising
directly or indirectly out of or in connection with the goods or
their use or any failure or delay in the delivery of the goods save
as in herein before expressly provided.
12. A minimum invoice charge of £10 is in operation.
13. Prices are exclusive of V.A.T.
14. Credit for goods returned will only be issued on goods received
in a saleable condition.
15. Shortages on goods received must be reported within 3 days.
16. This contract shall in all respect operate and be constructed
as an English contract in conformity with English Law.
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