- The term “Company” shall mean Wm Whiteley & Sons (Sheffield) Ltd
- The term “Customer” shall mean any person, firm or company who purchases goods or services from the Company
These conditions apply to all orders, contracts, quotations and tenders for the supply and sale of goods or services by the Company. These conditions supersede any terms and conditions contained in any Customer’s order unless otherwise agreed in writing by the Company.
Prices currently applicable at the time purchase will be used.
Trade prices quoted are exclusive of VAT, Retail prices are inclusive of VAT.
Illustrations, descriptions, weights, measurements and technical data in any of the Company’s catalogues, price lists and statements provided by the Company are to give customers an approximate picture and description only and do not form the basis of any contractual liability.
No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
Designs of goods are subject to alteration without notice.
All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Company can accept no liability as to their suitability for any purpose other than that specified in writing or prior to the time of sale.
The Company undertakes at its option to replace or refund the purchase price of any goods sold or supplied in the following circumstances only:
- Where the goods do not correspond to any written identifying description applied to them.
- Where the goods prove to be unfit for a particular purpose which has been expressed in writing by the Company.
The company warrants that the goods will be free from defects in material or workmanship for a period of 12 months from their first use or time of delivery, which ever is the first to expire.
Goods must be examined forthwith on delivery.
The Company shall replace any goods damaged or lost in transit to the place of delivery provided such damage or loss is reported to the Company within three working days of such delivery. No other liability shall be accepted by the Company in respect of any such damage or loss.
Any claim by the buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification (whether or not the delivery is refused by the buyer) must be notified to the company within 30 days from the date of delivery.
The Company’s liability under this clause shall be accepted by the Customer in lieu of any warranty or condition whether expressed or implied by law.
Except in the respect of death or personal injury caused by the company’s negligence, the company shall not be liable to the buyer by reason of any representation or implied warranty or under express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the company and its employees) which arise out of or in connection with the supply of goods or their use or resale by the buyer except as expressly provided in these conditions.
The company shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing or failure to perform any of the company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the company’s control:
- Any act of God, explosion, flood, tempest, fire or accident.
- War or threat of war, sabotage, insurrection, civil disturbance or requisition.
- Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental or parliamentary authority.
- Strikes, lock-outs or any other industrial actions or trade disputes (whether involving the company’s employees or other third parties).
- Difficulties in obtaining raw materials, fuel or machinery.
- Power failure or breakdown in machinery.
Dates quoted for delivery are approximate only and in this respect times shall not be of the essence of the contract. It shall suffice for the Company to deliver within a reasonable time of the date of delivery quoted, regard being had to all the surrounding circumstances. The Company cannot accept liability of any direct or indirect loss arising from delays caused by fire, flood, loss or delay in transit, strike, lockout or from any other cause beyond the Company’s reasonable control.
10. Cancellation of Orders
The Company reserves the right to charge to Customer for all costs incurred on cancelled orders.
The formation, existence, construction, performance, validity and all aspects of the contract between the Customer and the Company shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
