Terms & Conditions
Electro-Wind Limited (The Company) only do business upon the following Conditions of Sale, all orders are accepted and executed on the understanding that these Conditions are incorporated into a contract with a customer to the exclusion of any conditions which the Customer seeks to impose.
These conditions apply to all contracts for the sale of Goods by the Seller and supersede any previous Conditions of Sale published by the Seller. No additions or modifications to or terms and conditions inconsistent with these Conditions shall be binding upon the Seller unless expressly agreed by the Seller in writing.
All brochures, catalogues, price lists and other advertising or descriptive material submitted to the Customer are intended to be approximate only and to give a general impression o the Goods. Unless expressly incorporated the same shall not form part of the Contract. The Seller reserves the right to make minor alterations to the design specification or construction of the Goods without prior notification to the Customer.
Under no circumstances will the Seller be liable for technical information, recommendations or statements or advice (hereinafter together referred to as “information” whether oral or in writing furnished by the Seller before contract of sale is made, where information is given in reliance on information published or provided by an independent company or person.
1. Prices. All orders will be invoiced at prices ruling at the date of despatch and where applicable VAT will be added to the invoice.
2. Order Value. Orders must be for no less than £10.00 nett (ex VAT) in value, carriage will be charged on orders below £350.00 nett (ex VAT).
3. Order Acceptance. All Orders are accepted subject to Electro-wind’s Term & Conditions. No contract for the supply of Goods will be created by the acceptance of a quotation or by an order by the Customer until the Seller acknowledges such acceptance in writing.
4. Delivery. Every attempt will be made to meet specifically quoted delivery times when requested in writing.
5. Goods Returned For Credit. Goods returned for credit must be of the Company’s current specification, undamaged and with packaging intact. The Company will only accept them back after obtaining a returns number, issued by Goods inward.
6. Cancelled Orders. Orders will only be considered cancelled by the Company after written agreement on mutually satisfactory terms.
7. Claims against Carriers. The Company will not be responsible for any delay occasioned by carriers after despatch from the Company’s works. Any damage or shortages must be notified in writing, both to the carriers and to the Company, within three days of receipt of goods. In the case of non-delivery, claims must be made within seven days from receipt of invoice.
NO CLAIMS FOR DAMAGES WILL BE CONSIDERED IF GOODS HAVE BEEN CHECKED AND SIGNED FOR AS IN GOOD CONDITION, THEY MUST BE SIGNED AS UNCHECKED OR DAMAGED.
8. Payment Terms. Payment is due by the end of the 30th day from the date of sale, unless agreed in writing. The Company reserves the right to charge interest at 2.5% over the Bank of England minimum lending rate, during the time the account remains unpaid. Without prejudice to the above, in the event of payment not being received by the due date all monies owing to the Company under this or any other contracts shall become payable immediately. Pending such payment the Company reserves the right to suspend performance of any obligation to the Customer. Settlement discounts are available by negotiation.
9. Retention of Title. Up on delivery been made, title will not pass to the customer until payment for the goods have been made in full and no other sums, what so ever shall be due to the Company from the Customer. Failure to pay the full amount when due shall give the Seller the right to repossess the Goods (and enter the Customer’s premises for that purpose if necessary) with or without notice and without liability and at its option to avail itself of any other legal remedy. The Seller shall have the right to sell the Goods once they have been re-possessed under this Condition
10. Risk and Title.
(a) Risk shall pass to the Customer on delivery and the Customer should insure accordingly.
(b) Title in any goods supplied by the Company shall not pass to the Customer until the Company has received payment in full for all such goods and no other sums, what so ever, shall be due to us from the customer. (
c) Until such payment is received the Customer shall, if so requested, store the goods in such a way that they can be clearly identified as the property of the Company.
(d) If before title in the goods has passed to the Customer he re-sells the same, such a resale shall be treated as a sale by the Customer as Agent for the Company and the Customer shall be liable to account to the Company for the proceeds of all such sales. Upon paying all his indebtedness to the Company the Customer shall be entitled to retain the balance (if any) of such proceeds as his agreed commission on the sales.
(e) The proceeds of the sale goods by the Customer when acting as Agent for the Company shall be placed in a separate bank account expressly for the benefit of the Company.
(f) The Company undertakes that in the event of his selling any goods and not receiving the proceeds thereof he will if so requested by the Company transfer to the Company all rights of recovery he may have against the purchaser. The Company undertakes to the Customer for any sums received from sub-purchaser in excess of the amounts due by the Customer to the Company. (
g) If the Customer makes default in payment or if for any reason the Company treats this Contract as dis-charged the Company shall be entitled to enter the Customer’s premises and to repossess it’s goods.
11. Defects and Guarantee No. Claims for faulty materials or workmanship will not be considered if modifications or repairs to the goods have not been effected other than by the Company.