Conditions of Sale
1. These conditions shall apply to every contract made between Woodfit Ltd.
(the Seller) and any purchaser (the Buyer) of goods supplied by Woodfit
Ltd. Where an order by the Buyer is made subject to the Buyer's printed
standard for conditions not expressly and specifically put forward as a
modification of the conditions hereinafter appearing the Buyer's condition
shall not operate and the Buyer's response to the quotation shall operate
as an order placed without such conditions hereinafter appearing shall apply.
2. The seller is permitted to make partial deliveries. The Seller is
also allowed to deliver a quantity different from that ordered by not
more than 10% either way and the buyer shall pay for the actual quantity
delivered at the contract price.
3. The price stated in the Seller's quotations and price lists or in
the order is subject to variation if the cost of wages, materials or transport
increases before the date of delivery. The same applies to imported goods
if the exchange rate of the £ sterling as against the currency of
the country of origin is different on the day of delivery.
4. Delivery dates are given in good faith by the seller as an indication
of the estimated delivery time, but do not amount to contractual obligation
to deliver at the time stated. Delivery takes place at Seller's factory
even if seller arranged transport to the buyer. The Buyer shall insure
all goods from the time they are delivered to him or to any carrier.
5. There shall be no liability on the part of the Seller for a failure
to deliver due to causes beyond the Seller's control.
6. Should a well-founded doubt arise about the buyers ability or willingness
to pay on due date the Seller shall be at liberty to cancel the contract
or to postpone delivery until payment has been received.
7. Property in goods supplied will only pass to the Buyer when all monies
due to the Seller, in respect of the goods comprised in this contract
and all other goods the subject of any other contract between Seller and
Buyer which have been delivered to the Buyer but not paid for in full,
have been paid to the Seller.
8.See the appropriate Delivery charges that apply to Trade or Retail
consignments.
9. The Buyer must examine goods promptly on arrival and before the goods
or any part thereof have been used, treated, processed or dealt with in
any matter. Any materials drilled or otherwise worked by the Buyer will
not be accepted for return. Working the material implies acceptance of
its quality.
10. All illustrations, Drawings, etc. accompanying our quotation or contained
in our catalogues, price lists, or advertisements must be regarded as
approximate representations only and are not binding in detail unless
stated so to be in our quotation. All measurements and other particulars
of the goods offered by us are stated in good faith as being approximately
correct, but small deviations therefrom from shall not inva
lidate the contract or be made the basis of any claim against us.
11. It is the Buyers responsibility to determine whether the goods are
suitable for contemplated use whether or not such use is known to the
Seller. Any technical advice furnished by the Seller or its representatives
or agents is given without charge and only on the basis that it is followed
at customer's own risk.
12. Any goods supplied by the Seller which the Buyer shall prove to the
Seller's satisfaction to have been defective through faulty material or
workmanship will be replaced or their value returned provided the Seller
is notified in writing or such a defect within 28 days from the date of
delivery and the goods alleged to be defective are returned to the Seller
carriage paid. Goods may not be returned without the prior written approval
of the Seller. Undamaged goods of our normal stock lines are only accepted
back for credit carriage paid by the purchaser and subject to a 15% handling
charge. Subject to this obligation to credit the purchase price or replace
defective goods all expressed or implied warranties or conditions statutory
or otherwise are excluded and the Seller will not be responsible for any
loss or damage consequential or otherwise however caused.
13. The Buyer shall notify in writing the carrier and the Seller in case
of goods lost or damaged in transit within seven days from the date of
advice note including failure to receive goods the despatch whereof has
been advised to the Buyer. No Claim can be entertained where Buyer fails
to comply strictly with this requirement.
14. Errors and omissions subject to correction.