All orders are accepted on the terms, conditions and exclusions herein contained. These terms shall not be varied, nor their application to any order be excluded or limited in any way whatsoever, except as agreed by us in writing; all special requirements with regard to marking, labelling, packing etc, must also be agreed in writing. Any additional work will be charged at our standard rates unless such work is otherwise agreed in a contract.
Prices quoted are those ruling at the date of the quotation and are valid for 30 days from the quotation date, acceptance is deemed to be made upon receipt of an order. Thereafter prices shall be at our list, and shall be subject to revision if increases in cost or other circumstances arise. Unless otherwise stated prices quoted exclude Value Added Tax, Sales Taxes or any similar Taxes which will be charged additionally to the Buyer.
Terms of Delivery
Dates for delivery are given in good faith and as accurately as possible, but are not guaranteed. B.W.C. shall be under no liability whatsoever for any delay in performance of any order by reason or in consequence of force majeure or of any matter or thing outside our control, including but not limited to labour troubles, civil commotion, natural catastrophe, government restriction, shortage of supplies or customers instructions or lack of instructions. Should the customer notify us of inability to receive or store goods ordered or should the customer fail to give us adequate delivery instructions when required or fail to collect goods sold ex-works, the goods will be stored at the customer's risk and expense. In some circumstances goods may be delivered irrespective of any date specified for delivery.
Carriage paid terms are detailed in all quotations. Unless otherwise stated in writing the cost of delivery be that on our own fleet or carrier, shall be payable by the Buyer at the discretion of B.W.C, based upon current market rates.
B.W.C shall have the right to despatch any portion of the goods ordered and invoice the customer for despatched portion so that for the purpose of payment each portion shall be deemed to be a separate contract and may be invoiced separately.
Property in Goods
Until B.W.C has been paid in full by the Buyer, such goods remain the property of B.W.C although the risk therein passes to the buyer at time of delivery (subject to clause 3(a) herein relating to storage of goods at the customer's expense), and the Buyer shall indemnify B.W.C against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies.
B.W.C may re-possess those goods at any time from the buyer, and for that purpose B.W.C, its agents and servants may enter any premises upon which the goods are situated.
In the event of the buyer re-selling any goods delivered to it by B.W.C, before B.W.C has been paid in full, such proceeds of such re-sale are held by the buyer on trust for B.W.C. The fact that property in the goods remains B.W.C's until the price has been paid in full shall not prevent B.W.C maintaining an action against the buyer for the price of the goods.
Loss, Damage to, or non delivery of goods
Notification of non-delivery, damage or partial loss must be received within 21 days of the date of invoice for such goods quoting both the invoice number and delivery note number as shown upon the invoice. B.W.C liability and or obligations shall not extend beyond repair or replacement of such goods free of charge. Or at the election of B.W.C to pay the Buyer up to the invoice price of the goods in respect of which the claim is made. B.W.C shall not be liable for consequential loss, damage or expense howsoever arising.
Unless otherwise agreed in writing, payment shall be made at the nett invoice value, without any deductions within thirty days of the date of invoice. Failure by the buyer to make punctual payment shall entitle us to suspend any outstanding deliveries, or to cancel the contract so far as it remains unperformed at our option, and without prejudice to our rights to claim for the price of goods already delivered or manufactured at the date of cancellation, and for loss or injury occasioned thereby.
Warranty and Exclusions
B.W.C undertake that the goods delivered to the buyer will be of normal industry standard for goods of a similar nature. B.W.C duty shall be limited wholly and exclusively to deliver goods of the aforesaid quality. Save as any warranty or conditions, statutory or otherwise express or implied, whether oral or written as to quality of the goods or their fitness for a particular purpose are excluded and negatived.
The application and use of the goods is the absolute responsibility of the Buyer. Any technical and other advice, information and data provided by us, whether verbally, in writing or by way of trials or tests, is given without warranty and the buyer shall be deemed to have carried out its own test to ensure the suitability of the goods for his intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by us.
The buyer must give to us immediate written notification containing full particulars of any claim that the goods are not of the proper quality, our liability shall be strictly limited to the invoice price of the goods proved by the buyer to be defective and shall not give cause to us to have been in breach of contract or guilty of misrepresentation or extend to consequential loss of any kind howsoever caused.
This contract shall be governed by and construed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.