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Terms and Conditions of Sale 2014
‘You’ the person who buys or agrees to buy the goods from SWA Ltd.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by SWA Ltd.
Goods the articles which you agree to buy from SWA Ltd.
‘Us’/’We’ means SWA Ltd of Abbey Mills, Charfield Road, Kingswood, Wotton-Under-Edge, Gloucestershire GL12 8RL.
Prices are recommended prices for the quantity stated and changes in quantity may affect price. We reserve the right to vary prices without notice and to charge you the price ruling at date of dispatch. All prices are exclusive of VAT, which will be charged at the appropriate rate.
All orders for Goods will be deemed to be an offer by you to purchase Goods from us pursuant to these Conditions.
Unless confirmation of telephone orders is clearly marked on the official orders we will accept no responsibility for duplication of dispatch.
Every endeavour will be made to maintain quoted delivery dates but no responsibility for later delivery due to circumstances beyond our control will be accepted. In no case shall delay be a ground for rejecting goods or terminating the contract. Items quoted ex-stock are subject to prior sale.
If for any reason we fail to deliver the goods you must give us notice of non-delivery within ten days of receipt of our invoice.
4. Catalogues and Brochures
No responsibility is accepted for contingencies arising from errors and omissions in quotations or catalogues produced by us.
5. Cancellation and Return
No cancellation of an order will be effective unless it is in writing and accepted by us. Upon the agreed cancellation of any order you may be liable to a cancellation charge. Amendments may also be subject to a similar liability. On no account will cancellation be accepted for items specially purchased on your behalf.
In no circumstances may goods correctly supplied against a firm order be returned without you having first applied for and obtained our written consent. Returns Authorisation Numbers may be issued via the Sales Office and must be clearly marked on the outer packaging of any consignment being returned to us.
We reserve the right to apply a handling charge where goods are returned for credit.
Where is it apparent on a reasonable inspection that the goods do not conform with the order (other than by short delivery or damage) you must advise us within three working days. If you fail to give us notice within that time the goods will be deemed to have been accepted and you shall not be entitled and irrevocably and unconditionally waive any right to reject the goods.
Any goods which are found to our reasonable satisfaction to be defective after normal use due to faulty design or manufacture will, at our sole discretion, be replaced free of charge or repaired free of charge provided that:
(a) ‘Normal use’ is following any British Standard Institute guidelines as to use and/or any instructions also supplied with the goods
(b) In the case of defect apparent upon inspection you notify us within three working days of the date of delivery.
Terms and Conditions of Sale QD47/1
(c) In the case of defect not apparent on inspection you notify us within six months of the date of delivery.
(d) The goods are made available for inspection at a time and place reasonably arranged by SWA.
(e) The goods have not been misused, mishandled, modified or repaired other than with our written consent.
(f) The defect in the goods does not arise from any instruction or specifications supplied by you.
(g) The charges for the goods have been paid by the due date.
In no circumstances will we be liable for any defect arising from fair wear and tear.
A credit account may be opened for you subject to satisfactory references.
Settlement terms are strictly net 30 days account unless otherwise agreed.
Credit facilities may be withdrawn or reduced at any time at our sole discretion. Even if we have previously agreed to give you credit, we reserve the right to refuse to execute any order or contract if the arrangements for payment or your credit rating are not satisfactory to us. We may require security or payment for each consignment when it is available and before it is despatched, in which case delivery may be delayed until we are satisfied that payment has been received.
We understand and may exercise our statutory right to take legal action and claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
8. Risk and Title
Risk shall pass on delivery of the Goods to the delivery address.
The ownership of the goods shall remain with SWA until such time as payment in full has been received.
If for whatever reason the goods remaining at any premises of yours have been paid for either partly or in full, we have the right to repossess such goods in lieu of payment for any outstanding invoices which remain unpaid in the event of your going into receivership or ceasing to trade.
Carriage will be charged on all sales unless otherwise agreed. Rates vary according to the delivery service requested and the delivery address.
10. Limited Liability
Any liability we may incur to you in contract or tort (including liability in negligence) arising out of or as a result of:-
a) any failure to supply or deliver goods
b) any delay in delivery of goods
c) any defect in any goods or service
shall be limited to the purchase price of the goods in question. Your statutory rights are not affected.
11. Liability to third parties
You shall indemnify us in respect of any liability and all losses, costs, charges and expenses which we may suffer or incur by reason of any claim (including for liability in negligence) made by third parties in respect of or arising out of the state conditions or use of goods including without limitations, goods resold to third parties whether or not despatched directly to third parties at your request) or in any other way relating to the goods.
12. Force Majeure
These conditions of sale shall be construed in accordance with the laws of England and both parties agree to submit to the exclusive jurisdiction of the English Courts.
We shall incur no liability for failure to perform our obligations hereunder due to the existence of circumstances which we have not caused and which are beyond our control.