The person who buys or agrees to buy the goods /
services from the seller.
Conditions
The Terms & Conditions of the sale as set out in
this document and any special Terms & Conditions
agreed in writing by the seller.
Goods
/ Services
The articles which the buyer agrees to buy from the
seller.
Price
The price for the goods / services, excluding VAT and
any carriage, packaging and any insurance
costs.
Seller
Means Why Not? Services Ltd of 27 Parker
Centre,
Mansfield Road
,
Derby
,
DE21 4SZ
Conditions
2.1
These conditions shall form
the basis of the contract between the seller and the buyer in
relation to the sale of goods / services to the exclusion of
all other terms & conditions including the buyers standard
conditions of purchase or any other conditions which the buyer
may purport to apply under any purchase order or confirmation
of order or any other document.
2.2
All orders for goods / services shall be deemed to be
an offer by the buyer to purchase goods / services from the
seller pursuant to these conditions.
2.3
Acceptance
of delivery of the goods / services or a signed satisfactory
note shall be deemed to be conclusive evidence of the buyers
acceptance of these conditions.
2.4
These
conditions may not be varied except by a written agreement
from a director of Why Not? Services Ltd the seller.
2.5
These
conditions represent the whole of the agreement between the
seller and the buyer. They supersede any other conditions
previously issued.
Price
3.1
Price is the price quoted
less any discount that has been agreed by the seller. Prices
quoted are exclusive of any VAT, which shall be due at the
rate in force on the date of the sellers invoice. Prices
remain valid for a period of 30 days from the date of
quotation.
Payment
& Interest
4.1
Payment
of the price and VAT shall be due within 30 days from the date
of invoice. This applies to approved accounts only.
4.2
All
transactions are to be paid in GBP.
4.3
Interest
on overdue invoices shall occur from the date when payment
becomes due calculated on a daily basis until the date of
payment at the rate of {8%} per annum over the Bank of England
base rate in line with the “Late Payment Legislation”.
Such interest shall occur after as well as before any
judgement.
4.4
The
buyer shall pay all accounts in full and not exercise any
rights of set – off or counter – claim against invoices
submitted by the seller.
4.5
The
seller shall pass any unpaid invoices over 30 days old to a 3rd
party collection agency. This may result in court action being
taken against the buyer if payment is not subsequently made.
The buyer will be liable for legal costs debt collection fees
and 2.5% administration charges. This is in addition to
interest accrued in section 4.2.
Goods
/ Services
5.1
The
quantity and description of the goods / services will be set
out as in the sellers quotation and the buyers purchase order.
Warranties
& Liability
6.1
The
seller warrants that the goods / services will at the time of
delivery correspond to the description given by the seller in
their quotation or the buyer in their purchase order and the
warranty shall be the manufacturers warranty.
6.2
The
buyer is responsible for ensuring that the goods / services
are suitable for the purpose for which it intends to use them.
6.3
Any
claim by the buyer arising from a defect in the goods /
services shall be notified to the seller in writing within 7
days of delivery. Any claims arising from a latent defect
shall be made within 7 days of the defect becoming apparent.
6.4
The
seller shall be under no liability in respect of any defect or
lack of performance arising from fair wear and tear, wilful
damage, negligence, abnormal working conditions, failure to
follow the sellers or manufacturers instructions, or misuse,
alteration or repair of the goods / services without the
sellers approval.
6.5
The
seller shall be under no liability if the full purchase price
for the goods / services has not been paid by the due date.
6.6
The
seller will not be liable to the buyer for any incidental or
consequential damages or loss arising from a defect in the
goods or default in performing the services other than
consequential loss following directly from death or personal
injury arising from the from the negligence of the seller or
its sub-contractors.
Delivery
7.1
Any
delivery date quoted is in good faith, but the seller shall
not be responsible for any delay in delivery of the goods /
services howsoever caused. Time of delivery shall not be of
the essence of the contract.
7.2
The
seller shall be entitled to make delivery by installments, and
to invoice the buyer separately for each installment.
7.3
Delivery
of the goods / services shall be made to the address specified
in the buyers purchase order. The buyer shall make all
arrangements necessary to take delivery of the goods /
services on the date agreed between the seller and the buyer.
Export
8.1
We
welcome Export Orders subject to the following
conditions.
8.2
All
export orders are subject to carriage cost. Please
email the office on export@whynotservices.net
or telephone the Sales Department for cost details.
8.3
All
export transactions are subject to Bank Transfer
Payment only in Pounds Sterling.
Our
Bank details will be emailed to you once your order
has been accepted and confirmed.
Credit
Card Orders are not accepted for Export Customers.
8.4
VAT
is not charged on export orders.
Returns
/ Refunds
9.1
Provided
goods have been correctly supplied by Why Not?
Services Limited as specified by the customer, no
return will be accepted or refund given unless agreed and negotiated
in writing. Why Not? Services Limited will levy a
handling charge on items where a return has been
agreed.
Order
Amendments / Cancellation
10.1
Orders
can only be amended or cancelled after prior
negotiations and agreement in writing. No cancellation
will be accepted in respect of items which are not
listed / stocked and have been ordered on the
customer's behalf.
Title
& Risk
11.1
The
goods / services are at the risk of the buyer from the time of
delivery.
11.2
Ownership
of the goods / services shall not pass to the buyer until the
seller has received in full all sums due to it in respect of
the goods / services and all other sums which are or which
become due to the seller from the buyer on any account.
11.3
Until
ownership of the goods /services has passed to the buyer, the
buyer must maintain them in satisfactory condition and hold
them on a fiduciary basis as the sellers bailee.
General
12.1
If any terms of these
conditions prove illegal or unenforceable in whole or part,
such terms shall be deemed excised from these conditions
without effect upon the validity of the remainder of these
conditions.
12.2
These conditions and the
contract between the buyer and seller shall be governed by the
laws of
England
, and the English courts shall have exclusive jurisdiction.
12.3
Test
Equipment Supplies is a trading name of Why Not
Services Ltd.
Why
Not? Services Ltd Registered in UK No. 5083867ISO 9001:2000 Registered Company GB 12109
