General Conditions of Sale
In these conditions of sale:
- “The Company” means W V Howe Ltd
- “The Customer” means any person, persons, or company who places an order, or buys any goods from the Company and includes the servants, agents or sub-contractors of any such person or Company.
- “Equipment” means any machine or equipment supplied by the Company.
- “Contract” means a contract between the Company and the Customer for the supply of Products
- “Statutory Interest” means statutory interest as defined in the Late Payment of Commercial Debts (Interest) Act 1998
The Company reserves the right to vary or modify the specification of the Products without notice unless a written undertaking has been given to the contrary.
Prices quoted by the Company are current at 1st November 2007 but we reserve the right to make adjustments if necessary due to currency fluctuations, raw material or factory increases. Unless otherwise stated. all prices are exclusive of any applicable value added tax, for which the Customer shall be additionally liable to the Company.
PRICES AND VARIATION OF QUOTATION
Unless otherwise agreed in writing the Company reserves the right to make such amendments or cancel the quotation or order should any information or data supplied by the Customer to the Company prove to be incomplete or inaccurate in any respect.
Title in the Products shall not pass to the Customer until all sums due from the Customer to the Company howsoever they shall have arisen have been received in full.
Until title passes to the Customer, the Customer shall store the Products in such a way that they are clearly identifiable as the property of the Company.
The risk of loss or damage to the Products delivered under this Contract shall pass to the Customer upon delivery to the Customer’s premises. Delivery under this condition shall be deemed to have been effected upon the delivery vehicle reaching the delivery site. The unloading of the delivered Products from the vehicle and the movement and storage of the said products shall be the responsibility and at the risk of the Customer.
Unless otherwise specified in a written agreement all sums payable in respect of Equipment supplies under the Contract must be paid without deductions within 28 days from the end of the calendar month in which the invoice was raised.
Failure to pay by the due date shall entitle the Company to suspend delivery of all unexecuted orders. The time of payment of the price of Products shall be of the essence in the Contract.
If payment is not made in accordance with this clause, the Company reserves the right to charge Statutory Interest on the overdue balances for the period from the date on which payment shall have become due until the date on which payment shall be made including any period after the date if any judgement or Decree against the Customer.
DELIVERY AND DELAY
Deliveries of Products to the Customer shall be in accordance with the Company’s delivery schedule. The Company shall not be liable for any loss or damage howsoever arising as a result of failure to deliver Products by a particular date or arising as a result of any cause beyond the Company’s control. Time for delivery shall not be of the essence unless otherwise agreed by the Company in writing.
If the customer fails to take the delivery or fails to give the Company adequate delivery instructions at the time stated for the delivery then without prejudice to any other right of remedy available to the Company, the Company may:-
Charge the Customer the cost of carriage of the refused delivery both to and from the premises of the Customer in addition to the Company’s administration charges involved.
DAMAGED/LOSS AND RETURN PROCEDURES
No claim for incorrectly ordered goods will be accepted by the Company. Rejection of any goods delivered by the Company must be made:-
We should be notified in writing or by facsimile within 7 days of missing or damaged goods.
CANCELLATION OF ORDER
Any order accepted by the Company cannot be cancelled by the Customer without written consent of the Company. The Company reserve the right upon consent being given to levy a cancellation charge of not less than 20% to indemnify the Company for any loss whatsoever (including loss of profit) arising from the cancellation. Non-stock Products ordered on behalf of the Customer cannot be returned, unless the manufacturer agrees to accept them.
CROCKERY – CUSTOM MADE PATTERNS
Manufacturers of Equipment have minimal initial quantities and minimal repeat order quantities and these vary by manufacturers. Quantities of Equipment cannot be guaranteed and are subject to a 10% tolerance factor, which must be accepted by the Customer.
- No forbearance or indulgence on the part of the Company in enforcing these Conditions shall in any way restrict, waive or prejudice any rights the Company may have under the Conditions or howsoever against the Customer.
- These Conditions represent the entire contract between the parties hereto and supersede all prior agreements or communications (oral or written) between the parties.
- The Company, but not the Customer, may assign the benefit of any Contract of sale under the Conditions.
- The Company shall incur no liability whatsoever for any breach of contract of sale occasioned by reason of circumstance beyond its control or by reason of force majeure and in particular but without prejudice to the generality of the foregoing by reason of any delay or failure on the part of the manufacturer of any of the Company’s products to supply such products of the Company.
- Any written communications given pursuant to these Conditions shall be deemed to have been received by the addresses three days after its dispatch in the ordinary course of post.
- All disputes between the Company and the Customer arising out of or in relation to this Contract shall be refered to the determination of an arbitrator to be appointed by agreement of the parties or (in default of agreement within 21 days of the service upon one party of a written request to concur in such appointment) by the President for the time being of the Chartered Institute of Arbitrators.
- This Contract shall be governed by the laws of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.
- If the Customer is a partnership the liability of the individual partners to the Company shall be joint and several.
- The signature on behalf of a Customer who is a limited company by any person purporting to sign with the Customer’s authority shall bind the Customer and the Customer shall be liable to comply with these terms.