GENERAL TERMS & CONDITIONS OF SALE
All contracts and orders are accepted and executed by Wilkinson plc (hereinafter called the Company) on the understanding that the Purchaser (hereinafter called the Customer is bound by the following General Terms and Conditions of Sale, unless otherwise agreed and confirmed in writing by the Company.
Customers are required to furnish the Company with their full name, title and permanent address. Records of Personal data held by the Company are covered by the Data Protection Act and no disclosure of personal data will be made by the Company unless with the expressed consent of the Customer.
2. GOODS IN TRUST
All goods entrusted to the Company are not insured unless by prior arrangement and cost of such insurance shall be borne by the customer. Whilst we take the utmost care of goods entrusted, all work is undertaken entirely at the risk of the Customer and no liability for loss or damage whatsoever is accepted by the Company.
All quotations from the Company, whether written or verbal, are valid for 90 days from the date of quotation. Any items, materials or samples the subject of a quotation not accepted and not collected within the 90 day period will be disposed of.
Prices quoted do not include VAT. VAT will be added to invoices issued by the Company.
The Company reserves the right to levy a carriage charge for goods delivered throughout the U.K. A further delivery surcharge may be made for certain special delivery arrangements and for delivery outside the U.K.
6. DELIVERY ESTIMATES
Times and dates for delivery or completion of work are business estimates only, and not a constructed obligation of the Company. The Company will make every effort to meet the delivery estimate.
7. COMPLETION OF WORK
Work shall be deemed complete when the Customer is advised by the Company that such work is complete.
All goods shall be paid for in full prior to, or upon delivery or collection unless credit has been agreed in advance. Where credit has been agreed, all invoices must be paid in full by 30days.
9. COLLECTION OF GOODS
If goods, whether paid for or not, are not collected by the Customer within 30 days of the Customer being advised that work is complete, the Company will charge for storage and, at the Company’s discretion, insurance of the goods at an appropriate rate.
10. DISPOSAL OF GOODS
The Company may sell the goods if the Customer shall fail to pay in full, monies due to the Company and collect the goods within 3 months of being notified that work has been completed and of the Company’s intention to proceed to sell them. Upon any such sale the Company shall pay the balance of the proceeds to the Customer after deducting all monies due to the Company, including Storage, insurance and interest charges incurred and all costs of sale.
Customers’ goods paid for but not collected within 3 months of being notified that work has been completed will be disposed of as above and the balance of the proceeds of sale paid to the Customer under the same conditions.
11. RETENTION OF TITLE & RISK
All risks in goods supplied shall pass to the Customer upon delivery, although the legal title of the goods shall remain the property of the Company until such time as the Customer shall have paid to the Company the full price thereof, together with the full price of any other goods the subject of another contract with the Company, together with all storage charges, insurance and interest that may be due under this contract or any other. Until payment in full as aforesaid has been made the Customer acknowledges that he is possession of the goods solely as bailee for the Company.
Until the Customer becomes owner of the goods he will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
The Customers’ right to possession shall cease if he, not being a Company, commits an available act of bankruptcy or if he, being a Company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. The Company may for the purpose of recovery of the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
The Customer shall indemnify the Company against all loss, damages, penalties, costs and other expenses to which the Customer may become liable as a result of work carried out by the Customer.
The Company’s obligation to repair or replace goods supplied is subject to the Customer having complied with any written or verbal instructions which may have been given by the Company concerning the use of the goods.
The Company undertakes to credit the Customer, to the extent of the purchase price or cost of work carried out, for any goods found to be faulty. The alleged faults must be advised in writing to the Company within one month from the date of dispatch. The Company shall not be liable for consequential damage however caused.
14. CLAIMS FOR DAMAGE, SHORTAGE OR LOSS
No claims for damage in transit, shortage or loss of goods will be entertained unless notice is given to the Company within three days of receipt of the goods, followed by a complete claim in writing within seven days of receipt of the goods.
15. SUSPENSION OR CANCELLATION OF ORDER BY THE CUSTOMER
In the event of order cancellation or suspension by the Customer, the Company reserves the right to levy charges to cover all costs involved.
When an order suspension is lifted, the Company reserves the right to amend the price and delivery of the goods. If a suspension is not lifted after the duration of 90 days, the Company reserves the right to cancel the order without liability.
16. FORCE MAJEURE
The Company shall not be responsible for failure to fulfil its obligations to a contract, or be under any liability to the Customer in respect of events beyond its reasonable control and may cancel the contract without liability. Such events include an act of god, war, government regulations, strike, labour, dispute, civil commotion, scarcity of raw materials, illness, flood, fire and tempest.
If at any time, a dispute or difference arises between the Customer or Company in relation to, or in connection with, the contract, either may give the other notice in writing of such a difference or dispute. At the same time, the point in question shall be referred to the arbitration of a person to be mutually agreed upon. Failing agreement, an arbitrator may be appointed by the President of an appropriate Professional Institution.
18. LAW OF CONTRACT
These conditions and any subsequent contract between a Customer and the Company, shall be subject to and construed in accordance with English Law.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.