Waux Ltd Terms and Conditions of Sale
(a) The ‘Supplier’ means Waux Ltd, its agents and assigns.
(b) The “Purchaser” means the individual, individuals, firm or company purchasing goods from or otherwise dealing with the Supplier;
(c) The “Goods” means any and all items supplied by the Supplier to the Purchaser.
2. APPLICATION OF TERMS
All quotations and price lists are given and all orders are accepted on these terms which supersede any other terms in the Supplier’s catalogue or elsewhere, and shall override and exclude any other terms stipulated or referred to by the Purchaser whether in his order or in any negotiations, and any course of dealing established between the Supplier and the Purchaser. All orders hereafter made by the Purchaser shall be deemed to be made subject to these terms.
(a) No modification of these terms shall be effective unless specifically accepted in writing and signed by one of the directors in the Supplier.
The Supplier shall be under no liability whatsoever resulting from or arising out of or in connection with or in relation to any statement report or other representation made by any of its partners servants or agents before the contract between the Supplier and the Purchaser was entered into, unless the Purchaser shall give notice in writing to the Supplier before the contract is entered into that it intends to rely on any such statement report or other representation.
4. REFUSAL OF ORDERS
The Supplier reserves the right to accept or refuse any order given on the basis of its quotation or otherwise and in the event of the refusal of any order the Supplier shall not be liable for any loss or damage arising therefrom or in connection therewith or in relation thereto.
Some items sold by the Supplier are sold by weight based upon the Supplier’s experience and knowledge that those items when sold by weight will equal a certain quantity. In cases where a Purchaser orders a quantity of such items which are sold by weight the Supplier gives no guarantee or warranty that the precise number of items will be supplied.
Many products are supplied to the Supplier by manufacturers in pack quantities. The Supplier gives no guarantee or warranty that such quantities are accurate and accepts no responsibility for any discrepancies. Any pack quantities stated are approximate and may change without notice.
6. THE GOODS
The Supplier undertakes to replace or repair free of charge any Goods supplied which are defective in material or workmanship always provided that :
(a)(i) whether or not Goods are defective in material or workmanship shall be for the sole decision of the Supplier;
(ii) the Supplier’s undertaking shall only apply in respect of Goods in respect of which a complaint is received by the Supplier within three days of delivery to the Purchaser. Any goods in respect of which this condition applies shall be returned to the Supplier in its original packaging within fourteen days of delivery to the Purchaser.
(b) The Supplier shall be under no liability to the Purchaser whatsoever other than that set out in (a) above. Without prejudice to the generality of the foregoing, the Supplier shall be under no liability for any consequential losses howsoever arising.
(c) All conditions, warranties, terms, undertakings and obligations implied by statute, common law, custom, trade usage or otherwise (including without prejudice to the generality of the foregoing, any implied condition, warranty or undertaking as to correspondence of the goods with any contract description given, merchantable quality or fitness for any particular purpose) are hereby wholly excluded
(d) Without prejudice to the generality of the foregoing, the Supplier shall have no responsibility for providing any guard or protection necessary to comply with any statutory requirements in connection with any of the Goods.
(e) Changes may occur to sizes and specifications of goods and in this event the Supplier may provide an approximate equivalent.
The Purchaser hereby undertakes to indemnify and keep indemnified the Supplier its servants and agents against all costs, damages, expenses, penalties, losses and other liabilities whatsoever, including, but without prejudice to the generality of the foregoing, liability for personal injury and death, damage to property and consequential losses, incurred as a result of or arising from or in connection with or in relation to any act, omission, word or deed, whether or not negligent, of the Supplier its servants or agents in pursuance of the supply of Goods hereunder.
8. PRICES, QUOTATIONS AND PAYMENTS
Goods will be invoiced and shall be paid for at the prices ruling at the time of dispatch. Any price list provided by the Supplier is for guidance only and all prices are subject to variation at any time without notice to the Purchaser. Unless otherwise stated all prices are exclusive of VAT.
(a) For Purchasers who have an approved monthly account, payment is due at end of month following date of invoice. If payment in full is not received by such date, the Supplier reserves the right to charge interest on the outstanding balance at 3% above HSBC Bank base rate, or the statutory rate of interest if higher. Interest may be charged from invoice date.
(b) All goods specially manufactured will require an up-front deposit of at least 50%, to be determined as per the quotation.
(c) The Supplier reserves the right to demand payment of the price at any time.
(d) The Supplier shall be entitled to recover all fees, commissions and other payments incurred from third parties in respect of recovery of any overdue Debt owed by the Purchaser. The Supplier shall also be entitled to a fee of 1% of the Outstanding Debt with a minimum fee of £40.00 to recover the Supplier’s internal overheads in following up the outstanding debt.
9. INVOICE QUERIES
Any invoice queries or disputes must be notified to use within 7 days of the invoice date, either by phone, email to [email protected] or by post. If no queries or disputes are notified to us, invoices will remain payable in full. We will always try to resolve any queries or disputes promptly.
10. SMALL ORDERS
Waux Ltd reserve the right to refuse to accept orders less than £100 in value before carriage
11. RETENTION OF TITLE
The title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Purchaser until all sums owed to the Supplier on any account whatsoever have been paid for in full in cash or cleared funds. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Supplier and the Purchaser. Until such time the Purchaser agrees:
(a) (i)to insure the good against the usual risks with an insurance company of repute.
(ii) to keep and retain the goods free from any charge, lien, or other encumbrance thereon.
(iii) if the Purchaser shall sell the Goods that all monies and consideration received either before or the onsets of any act of insolvency are held in trust for the Supplier as bailee.
(iv) if so required by the Supplier to register a formal charge in favour of the Supplier in the form recognized by the Companies Acts.
(b) In the event that the Purchaser shall purchase further goods or shall incur any other debt in the future then the Purchaser irrevocably agrees that the provisions of clause 10 shall apply to any Goods previously supplied by the Supplier notwithstanding that full payment shall already have been received.
(c) The representatives of the Supplier shall be entitled to all rights of access to the Premises of the Purchaser where the goods are stored or the Supplier believes the Goods to be stored for the Purpose of repossessing the Goods.
(d) The Purchaser shall store the Goods separately from other goods or shall in some other way ensure that the goods are readily identifiable as the property of the Supplier. In the case of fungible Goods, any goods which match the invoice description shall be regarded as the property of the Supplier.
12. DELIVERY & RISK
Unless otherwise stipulated and subject to Clause 2(b) above all Goods for delivery will be despatched by the conveyance of the Supplier’s choice. Where the purchaser requires a different means of conveyance any cost must be paid by the Purchaser.
(a) Whilst every effort will be made to avoid delay no responsibility is undertaken for meeting any specific delivery dates. Accordingly no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery.
(b) Risk in the Goods shall pass to the Purchaser on delivery.
(c) The Supplier reserves the right to charge carriage to all destinations outside mainland England and Wales.
(d) Claims for damaged or missing goods may only be accepted if signed as such on receipt, and confirmed in writing enclosing a copy of the delivery note within three days.
13. RETURNED GOODS
Subject to (d) below, Goods may be returned to the supplier for credit or exchange for up to ten working days after the date of delivery provided that the delivery note or invoice number is quoted.
(b) Save for Goods returned under clause 6 (a) above, returned Goods will only be accepted by the Supplier if they are in a sound and resaleable condition. Whether Goods are sound and resaleable shall be for the sole decision of the Supplier. Any goods which the Supplier deems to be not re-saleable will only be returned to the Purchaser at the specific request of the Purchaser and at the Purchaser’s expense. Notwithstanding the discretion of the Supplier in deciding whether goods are sound and resaleable, goods will not be deemed resaleable if they are returned in anything but their original packaging or the quantities of the goods returned are different from those originally supplied. It is the responsibility of the Purchaser to ensure returned goods are well packed as credit may be refused for goods damaged on the return journey.
(c) Where goods returned for credit or exchange are goods which have been supplied in boxes or in quantities credit notes or exchange of goods will only be given if the goods are returned in their boxes and/or in the same quantities supplied to the Purchaser. Credit notes will normally only be issued if the Suppliers Collection Note has been issued to the Purchaser.
(d) Save for goods returned under clause 6 (a) above, Waux reserves the right to make a charge for handling and restocking equal to 35% of the sale price of the goods returned plus the return carriage charge.
(e) Non-stock Goods especially obtained for the Purchaser may not be returned for credit or exchange.
(f) When making a request to return products to us it should be made within the following timescales:
- Shortage and damaged goods – 24 hours if signed such on receipt
- Picking errors (i.e. wrong goods) – 3 working days
- Faulty goods – 3 working days
- Goods no longer required – 10 working days
- You should always obtain a signature (i.e. proof of collection) from the person collecting goods for return.
(a) Auction items are considered clearance, discontinued items and are sold as seen. All auction goods are not returnable, unless they are faulty.
(b) Won auction items must be paid for within 24 hours of receiving the invoice.
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(b) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
(c) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
(d) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
(e) All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
(f) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
(g) From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
(h) Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
THESE TERMS AND CONDITIONS ARE GOVERNED BY ENGLISH LAW
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