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Wiselan Limited Terms
of Business
1. Our Contract
1.1 These Terms and Conditions govern the supply of
goods sold by Wiselan Limited (No. 375830). (“we” and
“us”) to the customer (“you”) and constitute the entire
and only agreement between us in relation thereto.
1.2 All orders placed are subject to acceptance by us by
delivery of the goods to you at which point a legally
binding contract is constituted between us. The
processing of your payment and acknowledgment of your
order does not constitute legal acceptance of your
order.
1.3 We may provide assistance in the form of suggested
wiring schemes or technical literature, at no time do
our wiring schemes or literature replace any electrical
or building regulation and at no time do we take
responsibility for any errors or omissions. It is the
responsibility of the customer to ensure that the advice
of a qualified installer is sought to ratify any wiring
scheme or design.
2. Price & Payment
2.1 The price payable for the goods you order is as set
out on our web site at the time you place your order
plus any charges for carriage and insurance as set out
in the order form.
2.2 We reserve the right to change the price of
commodity goods, such as copper, due to market
conditions but we will confirm the prevailing price with
you before accepting your order. We are not obliged to
accept your order for such goods and may decline it or
limit the order quantity.
2.3 On occasion, the prices payable of goods advertised
on our web site may differ from those prices offered in
the then current catalogue or Price list, and we are
under no obligation to honour any web site price if
there is such a difference.
2.4 Occasionally an error may occur with our web site
and goods may be incorrectly priced in which
circumstances we will not be obliged to supply the goods
at the incorrect price.
2.5 Subject to clause 2.6, we must receive payment for
the whole of the price of the goods you order, and any
applicable charges for Credit card payments and
carriage, before your order can be processed unless we
have agreed otherwise in advance in writing.
2.6 If you are an account customer, payment shall be
made in full within 30 days following the date of
invoice. Time shall be of the essence for payment. We
may revoke credit if you fail to make payment when due.
If payment is not made when due, interest is payable at
the rate of 3 per cent over HSBC’s then current base
rate on the amount outstanding from the due date for
payment until receipt by us of the full amount
(including any accrued interest) whether before or after
judgement, together with any reasonable legal or other
recovery costs.
2.7 If you pay by cheque, please note that goods will
not be shipped until clearance of the cheque has been
given by the bank.
3. Delivery & Title
3.1 We will deliver your goods in accordance with your
order. A valid signature will be required on collection
or delivery.
3.2 Upon delivery of the goods to you, the goods shall
be at your risk. In spite of delivery having been made,
title in the goods shall not pass to you until you have
paid the price for the goods in full and no other sums
whatsoever shall be due to us from you. Until title in
the goods passes from us, you shall hold the goods on a
fiduciary basis as bailee and shall store the goods at
your own cost separately from all other goods in your
possession and marked in such a way that they are
clearly identified as our property.
4. Availability
4.1 While we endeavour to hold sufficient stock to meet
all orders, if we have insufficient stock to supply or
deliver the goods ordered and paid for by you, we may,
at our discretion, supply or deliver a substituted
product or refund you the price paid for such goods as
soon as possible and in any case within 30 days or, in
the case of an account customer, we may, in our absolute
discretion, as soon as possible raise a credit to offset
the amount invoiced to you.
5. Cancellation & Returns
5.1 You may cancel your order by giving us notice of
cancellation within 30 days of the date of delivery to
you. Such notice may be given by mail, fax or email. If
you are cancelling because of any problem with the
goods, please notify us of the problem at the time of
cancellation.
5.2 On cancellation for whatever reason, you must return
the goods to us at your cost. Where the goods are being
returned because they are faulty, incorrect goods or
because of unsuitable substitution by us, we will meet
the cost of return but we ask that you allow us to
nominate the carrier.
5.3 Goods returned which are not faulty or not returned
in the original packaging or not in a re-saleable
condition may incur a restocking fee at our discretion
or a partial refund offered to reflect the used value of
the goods.
5.4 Special order items which are returned will incur a
restocking fee at our discretion.
6. Liability
6.1 If you have notified us of a problem with the goods
within 30 days of delivery, we will (subject to clause
4.1) either; replace or repair any goods that are
damaged or defective upon delivery; or refund to you the
amount paid by you for the goods in question.
6.2 We will not be liable to you for any loss of
profits, administrative inconvenience, disappointment,
indirect or consequential loss or damage arising out of
any problem in relation to the goods, services or
literature and we shall have no liability to pay any
money to you by way of compensation other than any
refund we make under these conditions.
6.3 This does not affect your statutory rights if you
are a consumer, nor is it intended to exclude our
liability to you for fraudulent misrepresentation or for
death or personal injury resulting from our negligence.
7. Limited Companies - Guarantee
7.1 Those signing the Trade Credit Account Application
Form on behalf of limited companies do so as guarantor
and irrevocably undertake to guarantee the payment of
all monies owing to us by the relevant limited company
if we believe that the limited company cannot meet its
obligations.
7.2 If the limited company goes into receivership,
liquidation or administration the guarantor will pay to
the receiver, liquidator or administrator, as the case
may be, such sum as will enable him to pay all monies
owed to us by the limited company.
8. Termination
8.1 We may suspend further supply or delivery, stop any
goods in transit or terminate our contract by notice in
writing to you if you are in breach of an obligation
hereunder or you become unable to pay your debts when
they fall due or proceedings are commenced by or against
you alleging bankruptcy or insolvency. Upon termination,
your indebtedness to us becomes immediately due and
payable and we shall be under no further obligation to
supply goods to you.
9. Force Majeure
9.1 We shall have no liability to you for any failure or
delay in supply or delivery or for any damage or defect
to goods or services supplied or delivered hereunder
that is caused by any event or circumstance beyond our
reasonable control (including, without limitation,
strikes, lockouts and other industrial disputes).
10. General
10.1 If any part of these conditions is invalid, illegal
or unenforceable (including any provision in which we
exclude our liability to you) the validity, legality or
enforceability of any other part of these conditions
will not be affected. This contract shall be governed by
and interpreted in accordance with English law.
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