| 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 invalidate 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.
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