Terms of Business
TERMS AND CONDITIONS OF SALE WYDALE PLASTICS LTD
Hereinafter Wydale Plastics Ltd shall be referred to as the Company or Company’s, all products manufactured by the Company shall be referred to as Goods, and all persons purchasing Goods from the Company shall be referred to as the Buyer or Buyer’s; please retain a copy of this form for your records.
1.1: All sales and other contracts made by the Company are made on the following conditions and form the whole agreement between the Company and the Buyer and override any other terms that the Buyer may seek to impose.
1.2: Any and each order of acceptance of a quotation for Goods and/or any payment made in full or part thereof for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to and in accordance with these terms and conditions.
2.1: The price payable for any Goods shall be the Company’s list price current at the date on which they are despatched subject to any discounts previously agreed by the Company with the Buyer from time to time.
3.1: Where a credit arrangement exists, payments to the Company are strictly 30 days nett end of month.
3.1.1: Failure to pay in accordance with these terms will entitle the Company to charge interest to the Buyer on any outstanding amount at the rate of 2% above the NatWest Bank base rate current on the date that the Goods were despatched, and/or to suspend production and despatching of Goods until all outstanding monies have been paid; any previously agreed and/or expected delivery dates for Goods may be adversely affected in these instances.
3.2: All Goods remain the property of the Company until paid for in full by the Buyer.
4.1: All orders for Goods must be either in writing, faxed or emailed; the Company cannot accept verbal orders.
4.1.1: All order amendments must also be either in writing, faxed or emailed; the Company cannot accept verbal amendments to any order.
5: Tooling Owned by the Buyer
5.1: All tooling owned by the Buyer will be stored, insured and maintained free of charge by the Company subject to its reasonable use.
5.1.1: What is considered as reasonable use shall be determined by the Company and will be based on Items produced and/or usage frequency.
5.2: The Company will request that tooling owned by the Buyer which has not been used to produce Goods for 18 months or over be removed from Company premises at the Buyer’s expense; thereafter the Company will charge to the Buyer monthly storage fees including any handling and/or transportation costs comparative to charges made by other businesses offering services of this type at that time.
5.2.1: Following any such request tooling must either be removed, or further orders placed for its continued and reasonable use, or monthly storage charges paid.
5.2.2: Failure by the Buyer to remove any such tooling from Company premises, or to place further orders for Goods within 3 months of being notified of such tooling, or to pay storage charges in accordance with the Company’s payment terms shall entitle the Company to remove and dispose of such tooling from its premises; furthermore the Company shall not be liable for any costs or claims for financial reimbursement from the Buyer for undertaking such actions.
5.2.3: Storage charges shall cease only when the tool can be considered as receiving reasonable use or has been removed from Company premises; any over-payments in respect of storage charges made by the Buyer will be credited back to the Buyer upon fulfilment of any of the aforementioned conditions.
5.3: The Company shall inform the Buyer in writing of its intention to remove and dispose of any such tooling prior to doing so.
6: Delivery & Packing
6.1: As may be required and if instructed by the Buyer to do so, the Company will arrange delivery of Goods to the address as given by the Buyer with the carriage cost, if applicable, included in the invoice.
6.2: Every reasonable effort will be made to ensure delivery dates quoted to the Buyer are achieved but the Company cannot accept responsibility for any loss arising from delays in delivery howsoever caused.
6.3: The Buyer must ensure that the consignment address has suitable access for delivery vehicles and the Buyer must also provide the Company with a telephone number of the addressee so that contact can be made in the event of any complications or delays that may arise.
6.3.1: The Buyer will be liable for re-delivery and/or collection costs if the reason for a failed delivery of Goods can be directly attributed to the Buyer not furnishing the Company with all of the aforementioned information at the time of placing the order.
6.4: When necessary the Buyer must ensure that appropriate manpower and/or equipment is available to assist with the unloading of Goods upon delivery.
6.5: As required, Goods will be packaged in accordance with the Company’s normal packing procedures; the Buyer should request a special quotation for Goods that require alternative or bespoke packaging.
6.6: The Buyer must notify the Company of any delivery shortages or damaged Goods within five working days of receipt; the Company cannot accept responsibility or liability for any claims or discrepancies outside of this time; nothing contained within these terms affect your statutory rights.
7: Return of Goods
7.1: All non-conforming Goods, damaged Goods, or Goods that the Buyer considers to be below any reasonably expected or previously established quality standard must be returned to the Company so that they may be properly inspected to establish cause, liability, and, if applicable, prevention of recurrence.
7.2: The Buyer will be subject to a handling charge of 10 % of the total value of all Goods returned and will incur all additional carriage costs if the basis for their return is for reason other than incorrect delivery, manufacturing fault/s, or damaged Goods for which the Company has exonerated the Buyer of liability.
8: Non Conforming Goods
8.1: All costs for collection, redelivery, repair/rework or replacement of non-conforming and/or damaged Goods shall be wholly incurred by the party established to be liable for their non-conformance or damage. Exonerate
9: Product Suitability
9.1: It is wholly the responsibility of the Buyer to ascertain the intended function and therefore suitability of any Goods purchased from the Company and to then use such Goods in accordance with that purpose. The Company cannot accept liability for any loss, injury, or damage caused by negligent or improper use of Goods but does so in respect of loss, death or personal injury caused by Company negligence or for defective Goods under the Buyer’s statutory rights.
9.1.1: In all cases the Company offers a manufacture and supply only service.
9.2: The Buyer’s attention is drawn to the hazards presented by Goods in which the Buyer intends to store flammable substances; in particular, but not limited to, Petrol. The Company hereby informs the Buyer that Goods which are to be used for the aforementioned purpose, whether having undergone fluorination treatment or not, have not been tested in accordance with any UK or other legislation which regulate such products; it is wholly the responsibility of the Buyer to ensure that proper testing procedures are undertaken if legal compliance has been ascertained by the Buyer as necessary.
10.1: All Goods produced by the Company shall be in conformity with their description and specification at the time of delivery and shall be packaged despatched and delivered as per the Buyer’s instructions and in accordance with the Buyer’s Purchase Order.
10.2: Subject to Goods being used in strict, proper, and safe accordance with their intended purpose, the Company warrants that all Goods produced by the Company will remain free from material, manufacturing, and functional/operational defects for a period of 12 months from the time of the Buyer’s order date.
10.2.1: The Company shall be under no liability in instances of unauthorised repair and/or modification of Goods undertaken by the Buyer or any other third party, failure to act in accordance with the Company’s reporting procedure for non-conforming or defective Goods, or in respect of any defect or malfunction arising from any drawing, design or specification supplied by the Buyer which has been used at the Buyers insistence to produce such Goods when otherwise recommended to do so by the Company.
10.3: Proof of purchase shall be required in all cases of claims for replacement, repair/rework, and/or reimbursement in respect of non-conforming Goods.
11.1: This contract shall be governed by English law and any dispute arising therefrom shall be submitted to the exclusive jurisdiction of the English courts.