Terms & Conditions
Standard Conditions of Sale
1.0 PARTIES: For the purposes of these Conditions the Company (or seller) shall be Westcountry Corporate Ltd t/a Westcountry Group, and the Buyer whoever places an order or the organisation on whose behalf s/he places an order written or verbal and on so doing agrees to be bound by these conditions, This is an express term of contract between the Company and the Buyer.
2.0 PRICE: Orders are accepted on the understanding that they will be charged for at the rate ruling on the date of despatch unless a fixed price has been agreed in writing between the Company and the Buyer.
2.1 Written quotations will remain valid for 30 days.
2.2 Clerical errors are subject to correction.
2.3 In the event of the work being delayed or suspended due to lack of instruction from the Buyer the quoted price may be increased by the Company to cover any extra expense thereby incurred.
2.4 Prices shown in any price list do not constitute any contract to supply goods at those prices.
3.0 VAT: All quotations whether written or verbal are exclusive of VAT which will be charged extra on all invoices at the rate ruling at the date of despatch.
4.0 SPECIFICATION OF GOODS: The Company reserves the right without notice and without affecting the validity of the contract to make such changes in materials dimensions and design as it thinks reasonable and desirable.
4.1 Illustrations, descriptions and weights are to be taken as a general guide only and are not binding in details.
4.2 It is the responsibility of the Buyer to examine the goods for defects in materials and/or workmanship which would indicate the likelihood of the goods causing suffering or damage.
5.0 DELIVERY: Every endeavor will be made to deliver the goods when promised and as promptly as possible but the Company accepts no liability for unavoidable delay in delivery howsoever caused including but not limited to those described in paragraph 11. It is the customer’s responsibility to provide such assistance as may be required in unloading the merchandise at the place of delivery.
6.0 ACCEPTANCE: The acceptance by the Company of any order implies the Buyer’s acceptance of these Conditions. Any terms and conditions on the Buyer’s order are only accepted by the Company insofar as they do not conflict with the Terms Conditions and Policies of the Company.
7.0 CANCELLATION: The Company will not accept the cancellation of any order except at its discretion. Where cancellations are accepted the Buyer will be charged for any materials purchased especially to complete his order and for any work carried out on it and for any supplementary work or materials necessary to convert the order into goods acceptable to an alternative customer.
7.1 The buyer shall inspect the goods immediately upon delivery and shall within three days of receipt give notice in writing to the Company of any damage or any other matter or thing by reason of which it is alleged that the goods do not conform with the contract. If the buyer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for them.
7.2 No order shall be binding on the Company until officially accepted in writing.
8.0 TITLE AND RISK: Legal title to all goods at any time sold by the Company to the Buyer shall remain with the Company and shall not pass to the Buyer until the later of a) the date upon which the Buyer pays to the Company the full amount of any moneys owed or in connection with those goods and b) the date upon which the Buyer has discharged all debts and obligations of any kind to the Company whether incurred before or after the purchase of the goods.
8.1 Until payment as aforesaid is received the Buyer shall hold the goods in a fiduciary capacity for the seller in a manner which enables them to be identified as the property of the Company and the Buyer shall immediately return the goods to the Company should its authorised representative so request. All normal responsibilities associated with a fiduciary relationship shall apply.
8.2 If the goods shall be converted into or become constituents of other goods (hereinafter called “the Products”) the Buyer agrees that the Company shall have the beneficial ownership of the Products transferred to it at the moment of conversion or of the goods becoming constituents of the Products and the Buyer shall retain the Products as trustees for the Company and shall store such Products in such a manner that they are evidently the property of the Company.
8.3 Goods supplied to the Buyer shall be at the Buyer’s risk immediately upon delivery to the Buyer or into custody on the Buyer’s behalf and the Buyer shall therefore make adequate provision.
8.4 Notwithstanding 6.2 above the Buyer shall be entitled to sell the goods or their products to a third party in the ordinary course of his/her business provided that should the Company so require it shall be subrogated for the Buyer in respect of any claim the Buyer may have against the third party in respect of the goods or the arising Products.
9.0 LIABILITY: Except as otherwise expressly contained in these Conditions the Company shall have no liability of any kind whatsoever to the Buyer in respect of any loss or damage (whether direct indirect or consequential) suffered by the Buyer whether in contract or negligence or otherwise howsoever whether for loss or damage to property or for death or bodily injury or otherwise howsoever in respect of any goods supplied by the Company.
9.1 The Buyer shall indemnify the Company against any claim made against the Company by a third party arising out of any goods supplied or services provided for the Buyer.
9.2 No forbearance or indulgence by the Company shown or granted to the Buyer whether in respect of these Conditions or otherwise shall in any way affect or prejudice the rights of the Company against the Buyer or be taken as a waiver of any of these Conditions.
9.3 The Buyer shall determine the suitability of the product for its intended use and no warranty is expressed or implied by the Company as to the fitness of the goods for any particular purpose.
9.4 The company offers a warranty on all trade workmanship completed by its staff for a period of twelve months from date of invoice or completion of work, whichever is earlier. After this period any repairs or rectification may be chargeable and this is determined at the discretion of the company.
10.0 RETURNS: No return of goods shall be made without prior arrangement between the Buyer and the Company.
10.1 Goods which it is agreed to accept back into warehousing will be subject to a handling charge of 20%.
10.2 No liability is given to accept the return of non-stock, bespoke or made-to-order items but where this can be arranged a handling charge of 20% will be applied.
10.3 All goods returned must be in perfect unused condition and be packed in the original wrappers. Goods which do not comply with this stipulation cannot be accepted.
11.0 PAYMENT: Payment for goods and services supplied is net and shall be made within one calendar month from the last day of the month in which the goods were invoiced unless specifically agreed in writing between the Company and the Buyer at the time of quotation or tender.
11.1 The Company reserves the right to charge interest on accounts that are overdue at a rate of 1.5% per month or part thereof without prejudice to the Company’s right of recovery.
11.2 If payment is not received by 30 days after the due date of payment the Company reserves the right to withdraw any special terms or conditions or rebates or discounts that have applied or are intended to apply with respect to any current or future contract.
11.3 The Company reserves further rights to recover and/or resell the goods or any part thereof if payment becomes overdue in whole or in part and may enter onto the Buyer’s premises for that purposes as provided for in paragraph 12.
12.0 FORCE MAJEURE: The performance of all contracts is subject to variation or cancellation by the Company owing to any act of God war strikes governmental regulations or orders national emergencies lockouts fire flood tempest or any other cause (whether or not of a like nature) beyond the control of the Company or owing to any inability by the Company to produce materials or articles required for the performance of the Contract and the Company shall not be held responsible for any inability to deliver on account of any such contingency.
13.0 RECOVERY: The Buyer grants the seller an irrevocable licence to enter at any time any vehicles or premises owned or occupied by the Buyer or in its possession for the purpose of repossessing and removing such goods title to which has remained with the Company under paragraph 6 hereof. The Company shall not be responsible for and the Buyer will indemnify the Company against any liability in respect of damage caused to such vehicles or premises in such repossession and removal being damage it was not reasonably practicable to avoid.
14.0 CESSATION: The Buyers right to possession of the goods shall cease if he does anything or fails to do anything which would entitle an administrator or administrative receiver to take possession of any assets or would entitle any person to present a petition for winding up.
14.1 In the event that a receiver is appointed over the business of the Buyer or that a resolution is passed or a petition presented for the liquidation of the Buyer or if the Buyer commits an act of bankruptcy any unpaid moneys under this contract in respect of all goods delivered thereunder to or to the order of the Buyer shall forthwith become payable and save as aforesaid this contract is thereupon discharged and the Company may enter upon the Buyers premises to recover their goods still upon them.
15.0 WITHDRAWAL OF CREDIT: The Company reserves the right entirely at its discretion to withhold or withdraw credit facilities at any time for any reason whatsoever if in its view circumstances call for this course of action including failure by the Buyer to adhere to these Conditions of Sale.
15.1 The Company reserves the right to levy a charge of £20-00 + VAT for each and any cheque which is returned by or has to be represented to the bank which charge shall automatically be added to the account on each occasion of occurrence.
16.0 GOVERNING LAWS: The law of England shall govern the validity construction and performance of any contract to which these Conditions apply and should any part of these Conditions be ruled by an English Court of Law to be unreasonable or invalid then this shall not affect the validity or legality of the remainder of them.