INTERPRETATION
A. In these Conditions 'the Company' means Woodcon Products Limited or any Agent
authorised by them and 'the Purchaser' means the person or persons, firm or
company purchasing from or doing business with the Company.
'The Goods' means all products supplied by the Company to the Purchaser.
1. GENERAL
1.1 The Company reserves the right to accept or refuse any order given on the
basis of its quotation and in the event of the refusal of any order no damages
or expenses of any kind shall be payable by the Company.
1.2 In purchasing the goods from the Company on these Terms and Conditions the
Purchaser is deemed to acknowledge that they do not entirely rely upon the skill
or judgement of the Company or of its employees or agents as to matters connected
with the goods.
1.3 Any complaint about the Goods supplied shall only be entertained by the
Company if made in writing within five days of delivery, unless otherwise stated.
1.4 Without prejudice to the foregoing the Company's liability for any loss
or damage shall not in any event exceed the contract price for the Goods.
2. FORCE MAJEURE
The Company shall not be liable for any loss or damage caused by non-performance
or by delay in the performance of any of its obligations to the Purchaser due
to Act of God, War, Civil Disturbance, Government Action, Strike, Lock-Out or
Trade Dispute (whether involving its own employees or those of any other person),
difficulties in obtaining materials, breakdown of machinery, Fire or Accident
or any other causes whatsoever beyond the control of the Company. Should any
such event occur the Company reserves the right to cancel or suspend the contract
with the Purchaser without incurring any liability for any loss or damage thereby
occasioned.
3. QUOTATION/PRICE
3.1 Quoted prices and despatch times hold for the period stated on the Quotation
from the date thereof.
3.2 Prices are subject to alteration without notice and whilst every effort
is made to adhere to prevailing prices, orders can only be accepted on the strict
understanding that invoices will be based on the price ruling at the date of
despatch.
3.3 Published or quoted prices are exclusive of Value Added Tax which will be
charged at the rate applicable at the appropriate tax point.
3.4 Orders under £20 only accepted when payment is sent with order.
3.5 A charge will be made for standard stock samples. Customised or modified
samples will be quoted prior to order placement and will show any applicable
design/tooling/set up charges. Any tooling charges will be payable in advance.
Tools manufactured or provided by the Company for the production of any Goods
shall remain the property of the Company notwithstanding that the Purchaser
may have been charged for all or part of the tooling cost. The Company reserves
the right to dispose of any tools, jigs, artwork or samples which have not been
used by the Company for a period of 12 months.
3.6 No returns will be accepted without the Company's prior written authorisation.
Returns will be considered under special circumstances whereby a 20% restocking
charge will be made for standard stock items. Packaging and return carriage
will be the responsibility of the Purchaser. Specials, modified or non-stock
items are non-returnable.
4. ACCEPTANCE
4.1 No order shall be deemed accepted by the Company other than upon receipt
of a Purchase Order signed by the Purchaser.
5. PAYMENT/RETENTION OF TITLE
5.1 The Goods shall remain the property of the Company and the Purchaser shall
have no rights to sell or otherwise dispose of the Goods until paid for in full
by the Purchaser and any cheques cleared shall be at the risk of the Purchaser
as from the date of delivery.
5.2 Goods are supplied on a Cash with Order or Proforma basis, unless the Purchaser has established a Credit Account, in which case Goods are supplied on strictly nett monthly account and shall be paid by the end of the month following the month of the date of invoice. In the event of failure to pay an invoice by the due date all subsequent invoices become immediately payable. The Company reserves the right to charge interest on the outstanding balance at a rate of 3% above the base rate of Bank of Scotland per month.
5.3 All discounts on invoices granted to the Company for Goods or services supplied are offered on the express condition that payment of the discounted invoices is made as due. Failure to settle any invoice by the due date will render a customer liable to immediate and automatic cancellation of all discounts given to him on outstanding invoices issued by the Company, and the subsequent issue of supplementary invoices reinstating the lost discount. Such supplementary invoices will stand with the original invoices as part of and integral with the original debt, and will be payable immediately upon issue.
6. DELIVERY
6.1 All prices quoted are nett ex works with packaging and carriage charged
extra. If required Goods will be despatched to the Purchaser by the conveyor
of the Company's choice.
6.2 The Company shall not be responsible for delay in delivery owing to matters outside the Company's control.
6.3 No responsibility will be taken for shortages or damage to the Goods whilst in transit unless the Company is notified in writing within two days of receipt of Goods.
6.4 The Purchaser will indemnify the Company against any claim made against the Company in respect of injury to any person or damage to any property arising from any defect in the Goods.
7. PROPER LAW
7.1 The contract shall be deemed made and payment expected at the Company's
offices in West Sussex.
7.2 Unless otherwise agreed these Terms and Conditions and the Contract shall
be subject to and construed in accordance with English Law.
7.3 In the event of any difference between the Terms and Conditions contained
herewith and the Purchaser Conditions of Purchase, the Terms and Conditions
contained herewith shall prevail.