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Terms and Conditions of Trading
Warranty and Conditions of Trading
Description List Price
GENERAL TERMS AND CONDITIONS OF TRADING
The following terms and conditions shall apply to all orders placed with and accepted by Workshop Direct (hereinafter called 'Workshop Direct') by any customer (hereinafter called 'the Customer') to the exclusion of all and any other presented or purported terms belonging to the Customer, or whether pursuant to any estimate or otherwise and without any variation or addition save as is hereinafter expressly provided or as set out in writing and endorsed by the signatures of Workshop Direct and the Customer.
1. All contracts made between Workshop Direct and the Customer shall be deemed to be made in England and shall be construed in accordance with English Law.
2. Where a credit facility is given to the Customer, invoices must be paid according to the agreed payment terms. No discount may be taken for cash or accelerated payment or for any other reason including set off, unless expressly agreed in writing between the parties. Workshop Direct reserves the right at their sole discretion to cancel or amend credit terms to any Customer with immediate effect and without giving a reason.
3. Without prejudice to other remedies, Workshop Direct reserves the right to recover from the Customer any legal costs incurred in the proper pursuit of monies owed by the Customer to Workshop Direct and to charge interest in line with the Late Payment of Commercial Debt Act. Title in the Products supplied will only pass to the Customer when the Customer has paid all that is owing to Workshop Direct under the relevant contract of sale and until that time the Customer shall store the Products in such manner as to make them clearly identifiable as Workshop Direct's property, insure them and take all necessary precautions to keep them safe from theft loss or damage. The Customer will hold such Products as bailee and will protect Workshop Direct's title to the Products against claims by third parties. Should the Customer pass the Products on or incorporate them into other goods Workshop Direct shall have a lien on the said goods or such proportion of the goods as is represented by the value of the Products until the Customer's debt to Workshop Direct is fully discharged. A like lien shall apply to any Products supplied by Workshop Direct to the Customer for which the Customer has not made payment in full.
4. Workshop Direct undertakes to repair, or, at Workshop Direct's option, to replace, or to refund the purchase price of defective Products supplied by Workshop Direct, provided that written notice of the defect is received within the specified warranty period of the Products. The return of Products to Workshop Direct shall be the responsibility and at the cost of the Customer. Other than the foregoing guarantee, no liability will be accepted by Workshop Direct for any damage or loss, consequential or otherwise, due to the supply, offer to supply or failure to supply any of the Products or services or failure to advise or ensure the fitness for the purpose of any Products or service or information that shall be provided by Workshop Direct, or the use or misuse of such by the Customer. The foregoing guarantee shall be void in the event, that any of the warranty conditions are not satisfied.
5. Carriage and any export/import charges where applicable, are chargeable except where stated in the price list or agreed in writing. Where carriage or other shipping fees are chargeable the cost is added to the invoice value. Otherwise, all prices quoted are ex works and exclusive of carriage, packing, insurance charges and value added tax. Responsibility for insuring Products purchased rests with the Customer from the point at which Products leave Workshop Direct premises unless otherwise agreed in writing. At the Customer's request, Workshop Direct will insure Products in transit and invoice the Customer for the cost of such insurance. Damages or shortages to a consignment must be signed for as such on the relevant delivery documentation and a claim made on the carriers in writing within three days of delivery. Where Workshop Direct vehicles are used, the driver must be notified at the time of delivery and the consignment note marked to indicate the damage or shortages. The practice of signing for the Products unexamined does not absolve the Customer from this condition. The Customer is responsible for unloading at the delivery destination.
6. Goods consigned to the order of end-users and/or distributors render them liable for all carriage and handling charges incurred, if delivery of Products is refused on arrival at specified destination.
7. Workshop Direct reserves the right to amend prices without notice and the prices invoiced will be those ruling at the date of supply.
8. The Customer shall not be entitled to cancel the contract or the further performances thereof, save with the prior written consent of Workshop Direct. Then upon such terms as Workshop Direct may require by way of indemnity or compensation for any loss, (including loss of profit) damage, cost or expense which Workshop Direct may have suffered or incurred by reason for such cancellation and for any cost or expense which Workshop Direct may have incurred prior to such cancellation or in the anticipated performance of the contract.
9. All specifications, measurements, brochures and references to power and performance of the Products the subject of this contract are approximations or estimates for guidance only and may be varied by Workshop Direct at any time without notice.
10. Delivery dates, where given, are Workshop Direct's estimates only and unless otherwise provided Workshop Direct shall incur no penalty due to failure to supply on the estimated date, or at all.
11. Orders and Contracts between Workshop Direct and the Customer shall be treated in confidence. The Customer shall safeguard the intellectual property rights of Workshop Direct in all drawings, writing, computer programs and other materials of Workshop Direct. All software or firmware supplied under licence to the Customer whether or not contained within semiconductor devices or equipment, is the intellectual property of Workshop Direct or it's suppliers and the Customer shall not copy, reproduce or pass it on to any third party without the express written consent of Workshop Direct.
12. The Customer is responsible for the site preparation, where necessary, together with the provision of any supplies and services that may be required. The specifications and the responsibilities of agents, distributors and end users are clearly set forth in separate leaflets available on the various Products concerned. If failure to fulfill this responsibility extends the time taken to commission Products or results in the need for extra site visits by engineers the Customer is fully liable for any and all extra cost. If installation of Products is unduly delayed, Workshop Direct reserves the right to pass on cost inflation as a supplementary charge.
13. In addition to the price agreed between Workshop Direct and the Customer, the Customer shall pay any additional or increased cost or expense incurred by Workshop Direct by reason of any suspension or delay in manufacture or delivery of the goods caused by inadequate or defective instructions given or supplied by the Customer, any variations requested by the Customer or any act, omission or default of the Customer.
14. Workshop Direct may, without liability, cancel the contract and all further performance thereof (without prejudice to any other right or remedy of Workshop Direct under the Contract) where the Customer is in breach of any of its obligations under the Contract and has failed to remedy the breach following receipt of reasonable notice (being not less than seven days) specifying the nature of the breach and the timescale of the required remedy.
19th May 2011
Section 5 Warranty and Conditions of Trading
Description List Price
1. Workshop Direct reserves the right to amend or waive any or all of these conditions without affecting any other condition and without notice other than when new conditions are imposed on an existing Contract.
2. The Company reserves the right to introduce improvements in design or specification without prior notice.
3. E &O E.
