Terms & Conditions

1.                  TERMS AND CONDITIONS

The terms and conditions set out below are those upon which Whitehill Spindle Tools Ltd ("the Company") is willing to contract. Any tender, quotation or acceptance of order made by or given to the company shall be subject to the following conditions.

2.                  ACCEPTANCE

Unless previously withdrawn or otherwise specified all quotation and tenders are open for acceptance by the customer within 30 days from the date thereof.

3.                  TERMS OF PAYMENT CREDIT ACCOUNT CUSTOMERS

(A)              The customer with credit account facilities shall make payment for goods sold within 30 days from invoice

(B)              Time of payment shall be of the essence of the contact and the company shall be entitled to charge interest at 3% above the base lending rate of the company's bankers current from time to time on all overdue accounts

(C)              The company reserves the right to postpone fulfilment of its own obligations until any overdue payment is made or suitable security for payment is given.

TERMS OF PAYMENT VIA CREDIT/DEBIT CARD

 

(A)              The customer shall make payment for goods in full with order

4.                  PRICES

(A)              All prices are quoted net ex works exclusive of carriage and VAT unless otherwise stated.

(B)              All prices are quoted subject to fluctuation in the cost of labour, raw material, transport, overheads, currency fluctuations affecting the cost of imported materials and complying with Government orders, regulations (whether new or existing) and any increase in such costs prior to the date of delivery, if that be the responsibility the company, can at the discretion of the company be added to the contract price.

(C)              The company reserves the right to make an additional charge in respect of variations requested by the customer to the terms and specifications of the contact.

5.                  DELIVERY

Dates quoted for delivery and performance are subject to confirmation at the time any order is place. Such dates are not to be of the essence of the contract and the company will not be liable for loss or damage occasioned by delay not shall the customer have any right to impose penalties or to cancel the order for delay from any cause. The customer shall notify the company in writing of all necessary forwarding instructions within seven days of notification that goods are ready for despatch.

6.                  RISK AND TITLE

(A)              Risk shall pass to the customer when goods or any part thereof leave the company's premises for delivery to the customer who shall be responsible for all subsequent loss or damage.

(B)              The property in goods supplied shall remain vested in the company and the customer shall hold goods supplied as bailee only until the customer shall have paid the company all sums owing from the customer in respect of materials or goods delivered by the company

7.                  INSPECTION/SHORTAGES

(A)              The customer is under a duty, where possible, to inspect the goods on delivery or no collection, as the case may be.

(B)              The company shall be under no liability for defects or shortages that would be apparent on careful inspection if the terms of this clause are not complied with, and, in any event, will be under no liability if written complaint is not delivered to the company within seven days of delivery detailing the alleged defect or shortage.

(C)              In all cases where defects or shortages are complained of the company shall be under no liability in respect thereof unless an opportunity to inspect the goods is supplied to the company before any use is made thereof or any alterations or modifications is made thereto by the customer

(D)              Subject to clauses (b) and (c) the company shall make good any shortage in the goods so soon as it is reasonably able to do so but otherwise shall be under no liability whatsoever or howsoever arising from such shortages or damage in transit.

8.                  WARRANTY

(A)              The company warrants that it has title to and the encumbered right to sell the goods.

(B)              No representation or warranty is given as to the suitability or fitness of the goods for any or any particular purposes and the customer shall satisfy himself in this respect and shall be totally responsible therefor.

(C)              If the goods are in such a state as would but for this condition entitle the customer to repudiate the contract and/or claim damages from the company the company reserves the right to repair or replace the goods

9.                  LIABILITY

(A)              INTRODUCTION

(i)                 Nothing in this clause 9(a) shall be deemed to exclude or restrict the company's liability for death or personal injury resulting from negligence

(ii)               Each of the sub-clauses in this clause 9(a) is to be treated as separate and independent

(B)              EXCLUSION

(i)                 This clause (b) only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect.

(ii)               The company agrees that if any defect covered by his clause 9(b) is discovered during the period of 12 months commencing with the date of despatch, the company will either repair the goods at its own expense or, if it chooses to do so, replace them.

(C)              The customer cannot claim the benefit of this clause unless:

-                      he informs the company of the relevant defect in writing within seven working days of discovering; and

-                      he returns the goods to the company at his own expense

(D)              The risk of accidental loss whilst the goods are being returned will be borne by the customer

(E)              In consideration for receiving the benefit of this clause, the customer agrees that apart from those terms set out in clauses 7 and 8 no other terms, whether conditions, warranties, or innominate terms express or implied, statutory or otherwise, shall form part of this contract except where the buyer deals as consumer within Section 12 of the Unfair Contract Terms Act 1977 when the terms implied by Sections 13, 14 and 15 of the Sales of Goods Act 1979 shall be implied within the contract

(F)              Exclusion of Consequential Loss

 

The company shall not be liable for any consequential or indirect loss suffered by the customer whether this loss arises from breach of a duty in the contract or in tort or in any other way (including loss arising from the company's negligence) Non-exhaustive illustrations of consequential or indirect loss would be

 

-                      loss of profits

-                      loss of contracts

-                      damage to property of the customer or anyone else, and

-                      personal injury to the customer or anyone else (except so far as injury is attributable to the company's negligence)

(G)              Limitation

The company's total liability for any one claim or for the total of all claims arising from any one act or default of the company (whether arising from the company's negligence or otherwise) shall not exceed the contract price.

10.              FORCE MAJEURE

(A)              The company shall not be liable for any failure to deliver the goods arising from circumstances outside the company's control.

(B)              Non-exhaustive illustrations of such circumstances would be Act of God, war, riot, explosion, abnormal weather conditions, fire flood, strikes, lock-outs, Government action on regulations (UK or otherwise) delay by suppliers, accidents and shortage of materials, loss of labour or manufacturing facilities.

(C)              Should the company be prevented from delivering in the above circumstances, it shall give the customer written notice of this fact as soon as reasonably practicable after discovering it.

(D)              If the circumstances preventing delivery are still continuing three months after the customer receives the company's notice, then either party may give written notice to the other cancelling the Contract.

(E)              It the contract is cancelled in this way, the company will refund any payment which the customer has already made on account of the price (subject) to deduction of any amount the company is entitled to claim from the customer but the company will not be liable to compensate the customer for any further loss or damage caused by the failure to deliver.

11.              SALES PROMOTION DOCUMENTATION

Whilst the company takes every precaution in the preparation of it catalogues, technical circulars, price lists and other literature, these documents are for the customers general guidance only and the particulars contained therein shall not constitute representations by the company and the company shall not be bound thereby.

12.              NOTICES

Any notice to be given thereunder shall be in writing and shall be deemed to have been duly given is sent or delivered to the party concerned at its address specified overleaf or such other address as the party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.

13.              PROPER LAW AND JURISDICITION

The contract shall be governed by and construed in accordance with English Law and all disputes arising with the contract shall be submitted to the jurisdiction of the English Courts.


Welcome: Guest (Login)

My Basket

Items 0
Total: £0.00