1. Governing Conditions These terms and conditions shall govern the contract between the Buyer and Gwaza Ltd (thereinafter referred to as “the Company”) and no other terms or conditions which may appear on any document issued by the Buyer shall be binding on The Company, unless expressly agreed in writing by the Company.
2. Prices The price for the goods is exclusive of VAT. Any order received from the Buyer shall be accepted at the price prevailing at the date of despatch to the Buyer and shown on the Company's invoice. Unless otherwise agreed, prices are carriage paid where the total value of the Buyer's order reaches or exceeds the sum stated on the Company's current price list and applies to UK mainland destinations only. The Company reserves the right to increase prices (whether specifically quoted or not) to take account of increases in the cost of materials, wages and other costs relative to the Company's activities.
3. Cancellation No order accepted by the Company for goods specifically manufactured, assembled or altered to the Buyer's order shall be cancelled under any circumstances without express written agreement, which may take into account any loss to the Company by such cancellation.
4. Delivery Date (a) The Company operates a next day delivery service wherever possible. Although this is quoted in good faith, the Company gives no undertaking that the goods will be delivered next day and the term next day shall be deemed not essential to the contract.
(b) The Buyer must give notice to the Company of any damaged goods within 3 days of delivery of the goods or in the case of non- delivery of the goods within 7 days of receipt of the invoice in respect thereof and no claims will be accepted thereafter. The Company must be given the opportunity to inspect damaged goods if the Company deems is necessary to do so.
(c) The Company may, at its discretion, deliver goods in instalments.
5. Specifications The information contained in the advertising, sales and any other technical literature issued by The Company may be relied upon to be accurate only in the exact circumstances in which it is expressed, otherwise any illustrations, performance details and all other technical data in such literature are based upon experience and trials under test conditions. Accordingly the information contained in The Company's publications is provided for general guidance only and forms no part of the contract and shall not in any circumstances constitute a trade description.
6. Payment (a) Unless otherwise agreed in writing payment is due at the end of the month following the date of invoice. Property in the goods shall not pass until payment due under the contract or otherwise received in full by the Company. Until payment to the Company in full, the Buyer shall hold in store at his expense the goods on the Company's behalf, with licence to use the goods, such licence being revoked automatically on the insolvency or bankruptcy of the Buyer.
(b) in the event of insolvency or bankruptcy of the Buyer, the Company will have the right to re-enter the Buyer's premises and remove all or any of the goods under such licence (whether or not the same should have been incorporated with other goods to form a new product, provided the goods are capable of removal and subsequent re-use) without prejudice to its right to sue for non-payment in full the Company shall have a lien on all property of the Buyer in its possession.
(c) In the event of default in payment by the Customer in accordance with agreed terms, the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries and to charge interest at the rate of 3% per annum above the Nat West bank base rate in force at the relevant time.
7. Delivery in Passing of Risk Risk shall pass to the Buyer on delivery, notwithstanding that title to the goods does not pass until payment in full is made to the Company.
8. Fitness of Purpose The Buyer acknowledges and agrees that the Company has made no representation, warranty or condition (other than any made in writing, signed for and on behalf of the Company and solely referable to the Company) that the goods are fit for the particular purpose.
9. Use of Website
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10. Liability The Company accepts no liability for consequential loss or damage of any kind whatsoever arising with regard to goods supplied by the Company and so far as is legally possible the Company accepts no liability whatsoever arising under the contractual terms implied here and by the Sale of Goods Act 1893 and 1979. Supply of Goods (implied terms) Acts 1973, Supply of Goods and Services Act 1982 and Unfair Contract Terms Act 1977.
(a) Whilst the Company will endeavour to manufacture and deliver goods in good condition due to the varied and unpredictable circumstances and/or conditions in which they may be stored and/or used the Company accepts no liability or responsibility whatsoever save as provided by condition 4 (b) here in respect of alleged defects or faults .
(b) No liability is accepted for any direct or indirect cost, damage or expenses relating to damage to property or injury or loss to any person, firm or company or any loss of profits or production arising out of or occasioned by any defect in or failure of goods or by materials or parts thereof supplied by the Company
11. Export Deliveries In respect of all contracts for the sale of goods outside the United Kingdom the Customer will provide any necessary export licences, import licences or exchange control authorisations within a reasonable time prior to the date of shipment.
12. Legal Construction Unless otherwise agreed in writing the contract shall in all aspects, operate as an English contract in conformity with English Law. The Buyer formally accepts the terms and conditions herein contained and no variation or amendment thereof shall bind the Company without the consent of the Company having been given in writing in advance of signing the contract.