1. In these terms of trading “the Company” means WHW Plastics Ltd.
2. Our previous terms of trading are hereby cancelled.
3. The placing of an order shall be conclusively deemed an acceptance of these terms and any purported variation or exclusion shall be of no effect unless accepted by the company in writing.
4. Prices are expressed in pounds sterling and, unless otherwise stated, are ex-warehouse, postage and/or carriage and/or delivery charges (if applicable), insurance and all applicable taxes, duties, tariffs and charges of any nature of whatsoever imposed in any country or territory either directly or indirectly in respect of the sale or supply of goods or payment for them.
5. All prices shall be subject to alteration without notice and goods will be sold at the Company’s price current on date of despatch.
6. All prices quoted are deemed to be exclusive of Value Added or other sales taxes. For EU member states we are obliged to charge VAT at the current UK rate if we are not advised of a customer’s VAT registration number.
7. Payment of all invoices, unless marked otherwise, shall be made by the last day of the month following month of invoice.
8. In the event of any default in making payment as aforesaid and without prejudice to the Company’s other rights, the company shall be entitled to charge interest on any outstanding balance at the rate of 4% per month above the Base Rate of Natwest Bank from time to time in force and for the period commencing with the day upon payment should have been made as aforesaid and ending on the day which payment is actually made. The customer will also be liable for all costs incurred recovering the debt.
Early Settlement Discount
9. An early settlement discount applies, when invoices are marked if paid within 14 days from date of invoice, the amount of settlement discount is marked on all invoices where applicable.
Goods Returned For Credit
10. Prior consent of the Company must be obtained before any goods will be considered for credit. Subject to this consent, full credit (exclusive carriage costs) will be given providing all of the following conditions are met:-
10a. The invoice/Delivery Note number and date are quoted when application is made for the Company’s consent.
10b. The goods are returned carriage paid by the Customer or, with the prior consent of the Company, via a duly authorised representative of the Company.
10c. The goods are returned within 14 days of delivery to the Customer.
10d. The goods are in the same condition as they were in at the time of despatch by the Company to the Customer. Failure to comply with any of the above conditions will result in a partial credit or no credit at all at the sole discretion of the Company.
Special Order Items
11. Special Order items are defined as those not appearing in our catalogue or any amendment thereto or products that are manufactured to the customers specifications. Special Order items may not be returned for credit under any circumstances (unless faulty) nor may Special Orders be cancelled once placed.
12. The Company shall have no liability in respect of the goods lost or damaged in transit unless the Customer notes such shortage loss or damage on the delivery note and gives written notice thereof to the Company and the Carrier with 7 days or such shorter period as may be required by the Carriers Conditions of Carriage. The Company’s liability in respect of the goods lost or damaged in transit shall be limited to repairing or replacing such goods.
13. Notwithstanding that risk passes to the buyer upon delivery the property of the goods remains vested in the Company until payment thereof has been made in full.
13a. Until payment of all the above mentioned monies have been made in full the buyer holds the goods as bailee fir the Company and shall accordingly treat the goods and any monies received from the sale thereof in a manner consistent with such bailor/baliee relationship which may be inferred from the subsequent conduct of the buyer and/or the Company.
14. Risk passes to the Customer on delivery/collection of the goods. The Customer shall be responsible for and shall indemnify the Company against loss or damage of any sort until such time as he becomes the owner of goods. This applies equally where goods have been supplied on loan or approval.
Quality or Fitness
15. All items, conditions and warranties (whether implied or made expressly) whether by the Company or its servants or agents or otherwise (other than those warranties set out in the current edition of the Company’s catalogue) relating to the quality and/or fitness for the purpose of the goods or any of the goods excluded.
16. The Company shall have no liability in respect of any losses arising of the Customers failure to strictly and fully comply with any manufacturers instructions which may accompany any items detailed in our Catalogue or otherwise supplied by the Company.