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These terms and
conditions supercede any previous versions. Updated:
July
2009
Terms &
Conditions of Sale for Wiper Supply Services Limited
1.Parties:
In these
conditions of sale, Wiper Supply Services Ltd is referred to as
"the Company", and the person/firm or Company purchasing
from Wiper Supply Services Ltd is referred to as "the
Customer". The delivery service, or contracted hauliers on
behalf of the Company is referred to as "The Carriers".
2.Basis
& Application:
All purchases by
the Customer from the Company are on the basis that full acceptance
and agreement of these terms & conditions of Sale by the Customer
applies, and that these terms override any other restrictions or
terms set by the Customer when orders are placed. These terms &
conditions apply to all contracts of sale, whether transmitted to the
Company by hand, post, fax, telephone, verbally or e-mail. The
Company will be authorised by the acceptance of these Terms &
Conditions of Sale to effect a search on the Customer through credit
reference agencies, which will keep a record of that search and may
share that information with other businesses and may also make
enquiries about the directors/partners as applicable.
3.Products &
Prices:
All prices &
products quoted by the Company, either by letter, price list,
verbally, or by a Sales representative/Agent are subject to change or
variation without prior notice, although every effort will be made to
give notice of any such changes. All product sizes quoted and sold
are "approximate only" unless otherwise advised. Where
goods are sold "BY WEIGHT", cases are "GROSS
WEIGHT" and are sold as such. Sales information leaflets or
information provided on the Companys' Website (www.wipersupply.com)
relating to products supplied by the Company are provided as a guide
only. All prices are quoted nett, except when indicated, and are
exclusive of VAT. From Jan 2009, carriage-paid order value is
£495 (England/Wales) and £750 (Scotland/N.Ireland)
4.Terms of Payment:
Subject to
condition (9) below, payment is due for all goods supplied by the
Company by the end of the month following the supply of goods(E30)
unless alternative payment terms are agreed with, and confirmed by,
the Company, in writing. In the absence of any other agreement, these
will be our standard terms. Extended credit terms are not permitted,
and under the Late Payment of Commercial Debts (Interest) Act 1998
the Company reserves the right to charge interest on any overdue sums
which will be levied at the rate of up to 2.5% per month, or for any
part of a calendar month.These terms may be varied at the discretion
of the Directors, and will be indicated on our application form.
Re-presented Customers' cheques will attract a DEBIT to the customer
of £5.00 + VAT on each occasion. Refused Customers' Cheques will
attract a charge to the Customer of £15.00 +VAT on each
occasion. We draw your attention to Condition (9) below regarding
payment default by the Customer.
5.Passing of
Property & Risk:
Risk in the goods
shall pass to the Customer on delivery to the Customer. The goods
shall remain the property of the Company while any monies owing to
the Company by the Customer under this or any other contract remain
unpaid. The Customer is entitled to sell or use the goods in the
normal course of his business. Any goods which remain in the
Customers' possession and which cannot be identified as supplied
under a specific contract shall be deemed to be held on a "first
in - first out" basis.
6.Delivery:
All dates/times
for despatch or delivery of goods given to the Customer shall be
taken as an estimate made by the Company in good faith. Every effort
will be made by the Company to comply, but this will not be binding
on the Company. The Company will not be liable for any loss/damage
sustained by the Customer in consequence of any failure by the
Company to despatch/deliver goods within such time, or in consequence
of any other delay in such despatch/delivery however caused. Goods
will be deemed to have been received & accepted by the Customer
in good condition, and complete, with an appropriate Customer's
signature confirming receipt. Claused delivery notes or signatures
such as "not checked" or similar will not operate to
prevent such acceptance. If a delivery is refused without a valid
reason, and needs to be redelivered to the Customer, any additional
charges levied by the Carriers for such delivery will become payable
by the Customer. Goods may be pre-booked for delivery, but any
booking-in charges levied by the Carrier may apply. Please refer to
the Company for specific costs (if any) relating to your requirements.
SHORT DELIVERY or
DAMAGE TO GOODS delivered to the Customer must be reported to the
Company by telephone/fax/writing within 7 days of receipt of such
goods, and clearly noted on our carriers own consignment notes (if
applicable). Invoices will be received by the Customer within 3 days
from the date of despatch of goods. Non-Arrival of such goods must be
reported to the Company within 7 days of receipt of such invoice.
7.Guarantees:
The Company will,
at it's option, repair, refund or credit the Customer with the cost
of any goods which have been damaged in transit, or where there is a
shortage in the quantity of such goods, provided that the Customer
has reported such damage/shortages to the Company within the time
limit set out above in clause (6) above. The Company will at it's
option repair/replace/refund the price of any purchase from the
Company which are shown to have become defective within 3 months from
the date of despatch of such goods, provided that the Customer has
properly notified the Company and that the goods have not been used/destroyed
or disposed of before they have been inspected or approved for
disposal by the Company.
8.Exclusions of Liability:
8.1)The guarantee
in clause (7) is given to the exclusion of all other conditions and
warranties express or implied, statutory or otherwise which are
hereby excluded, except the statutory warranty of title.
8.2)The goods are
sold at a price reflecting their cost and on the basis that the
Company does not insure the Customer or his use of the goods.
8.3)The Companys'
liability arising out of, or in connection with the goods sold and
under any contractual terms or conditions representations and in
respect of any advice the Company may have made or given to the
Customer relating either to the goods themselves, or to their use or
to other products and whether in contract or in tort (including
negligence) is restricted to the price paid to the Company under this contract.
8.4)The provisions
of this sub-clause does not affect the Companys' liability for death
or personal injury arising out of it's negligence.
8.5)The Company
does not in any event accept liability for consequential loss
including (without limitation) third party claims, loss of profits or
loss of business or goodwill.
9.Default of
the Customer
In the event of
the Customer making default in the punctual payment of any sum due to
the Company, or if the Company believes the Customer is, or will
become insolvent, the Company shall be entitled to take possession of
all of it's goods in the possession of, or in the control of the
Customer, for which the Customer authorises/hereby authorises the
Company, or it's servants or agents to enter upon any land or
premises on which such goods may be situated, and to cancel any
contract with the Customer or require payment in advance of delivery. Also,
the Company and/or it's Debt Recovery Agents shall be entitled to
surcharge up to 15% (+VAT) of the overall debt to recover the actual
costs of debt collection.
Once Debt
Recovery Agents have been instructed, this surcharge is payable by
the Customer to the Company irrespective of when payment is actually made.
10.Right to Amend:
The Company shall
be enitled to amend, change or alter the specification of any goods
to be supplied to the Customer, according to market conditions and
demands. The Company shall also be entitled to alter, amend or change
any detail contained in these Terms & Conditions of Sale, at
their discretion. Any such changes will be advised to the Customer,
in writing at the time of such amendment. The Directors of the
Company have the right to waive any/all of these Terms &
Conditions of Sale at their discretion. In particular, payment terms
may be varied only by written agreement with the Directors.
11.Consumers:
Nothing in these
Terms & conditions of Sale shall affect the statutory rights of a
Customer, who in relation to the Company, "deals as a
Consumer" as defined in section 12 of the Unfair Contract Terms
Act 1977, or any amendments of modifications thereof.
12.Construction
& Jurisdiction:
These Terms &
Conditions of Sale shall be subject to, and construed in accordance
with English Law. The English courts shall have exclusive
jurisdiction in relation to all disputes arising between the Company
and the Customer, arising out of the supply of goods by the Company
to the Customer.
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