A. The Placing of an Order
Whether sent to us direct or given to our salesforce and whether verbal or written, does not constitute a contract until they have been accepted by us either by written acknowledgement or by sending the goods involved. Any order denotes acceptance of these terms.
Listed prices and trade terms are subject to alterations without notice. We invoice at the price ruling at the date of despatch. Where retail prices are shown, these are ‘suggested’ maximum retail prices.
C. Credit Accounts
Customers wishing to open a credit account are asked to complete a credit application form, quoting two trade references and a bank reference. We reserve the right to alter or terminate credit facilities at any time.
D. Delivery Charges
All orders will be subject to a delivery charge from £12.95 per consignment based on weight and distance. Any deliveries outside the UK mainland will be charged at cost. Overnight deliveries will be subject to an additional charge from £10. Saturday and Bank Holiday delivery charges available upon request. Weicon UK reserve the right to add a surcharge for ‘booking in’ and ‘special packing requirements’ including the requirement to palletise products.
E. Order Discrepancies
Any delivery shortages or discrepancies should be reported within 7 days of invoice date. No claims will be considered after this period.
All samples will be charged for.
Unless we have instructions to the contrary, we will substitute the nearest product available for any item out of stock.
H. Title to Goods
The risk in goods shall be that of the customer from the moment that the goods arrive at their premises. Not withstanding sub-clause (A) above, the goods remain the sole and absolute property of Weicon UK as legal and equitable owner until such time as the customer shall have paid us all sums due under a contract together with all sums due to us under any other contract with us. Until such time as title in the goods passes to the customer, he will store them on his premises separately from his own goods or those of any other party and in a manner which makes them readily identifiable as our goods. For the purpose of recovery of our goods, we shall be entitled to enter upon any premises where they are stored or where they are reasonably thought to be stored and re-possess them.
I. Goods lost/damaged in transit
Damage, loss of content or non-delivery must be notified to customer services within 7 days of invoice date. No claims will be considered after this period. Telephone notification must be confirmed in writing and accompanied by a copy of the delivery note. Signatures endorsed ‘un-examined’ or ‘un-checked’ have no legal significance and will not be accepted by us or the carriers as a basis of claim. Where outside carriers are used, it is essential that the carrying company is notified also, as to damage, loss, or non-delivery in the times stated above. All damages/shortages must be clearly marked on carriers delivery note.
Our salesforce or carriers are not authorised to accept the return of goods delivered, unless they are in possession of a signed goods returns. No returns will be accepted unless the original delivery note number, invoice number and returns note number are quoted. Any goods returned at the request of the customer will be subject to a 20% handling charge and a carriage charge if Weicon UK are required to collect the goods.
K. Settlement Terms
Our terms are nett monthly. Should the invoice not be paid within this period it becomes overdue. VAT is strictly Nett. Where any Nett invoice is overdue all other invoices shall be deemed to be due and payable forthwith, not withstanding the due date indicated on the invoice. We reserve the right to withhold further deliveries until amount is paid in full. We reserve the right to charge interest on overdue accounts at the rate of 2% per month.
We shall not be liable for any loss, damage or expense suffered or incurred as a consequence of or arising out of and the customer shall not be entitled to terminate any contract by reason of or on account of, War, Act of God, Civil Commotion, Riots, Strikes, Lock-Out, Fog or any other bad weather conditions, Delays in transport of delivery, non-availability of materials, break-down of plant or machinery, or any other cause beyond our control.
We undertake to assist the customer in obtaining from the manufacturer the benefit of any warranty which may be given by him to us in respect of the goods. Such undertaking to assist is given by us and accepted by the customer instead of and expressly excludes any other guarantee, condition or warranty as to quality or fitness for any purpose whether statutory or otherwise. Under no circumstances shall we be responsible for injurious act or default by any of our employees unless such act of default could have been foreseen and avoided by the exercise of due diligence on our part as his employer.
N. Limitation of Liability
If pursuant to the provisions of a contract any liability on our part shall arise (whether under the express or implied terms or at common law or in any other way) to the customer for any loss or damage of whatever nature arising out of or in connection with the provision of or purported provision of or failure in provision of the goods or services covered by contract, such liability shall be limited to the payment by us by way of damages of a sum not exceeding a maximum of £500.00 or the total contract price, whichever is the lesser, in respect of any claim.