TERMS AND CONDITIONS
All orders accepted by Woodburnerstoves4u (herein after called “The Company”) are subject to the following conditions. No conditions to the contrary submitted by a customer whether before or after this has been received by the customer are binding.
1. Acceptance
This quotation is subject to acceptance within 30 days and based upon shipment of the products as soon as possible
2. Price
The price payable for the products will be The Companies price for the Products ruling at the time of shipment. Shipments deferred at customers Request will be billed at prices prevailing at time of shipment.
3. Quantities
The Company reserve the right to overship any order for non-standard Products to the extent of 5% maximum of the quantity ordered.
4. Tolerances
Unless otherwise specifically agreed upon our standard manufacturing tolerances will apply.
5. Warranty
The Company warrants that the products sold hereunder when delivered Shall be free from defects in material and workmanship. If any such defects exist or later appear The Company shall undertake at its expense to supply replacement products or at its option accept the return of the products and refund a pro-rata portion of the price provided, however The Company shall have no obligation or liability under this warranty unless it has received written notice specifying such defects no later than 1 Year after date of delivery of the product.
Since after shipment the product(s) are no longer under the control of The Company this warranty is subject to and shall be applicable only if (a) used under normal conditions; (b) properly installed and has not been affected by misuse, neglect or accident; (c) The Company shall have received notice of any defects no later than 30 days after the defect becoming apparent.
The foregoing provisions of this paragraph set forth and constitute The Company’s sole obligation and liability under this warranty.
6.
Statements in literature and correspondence concerning properties and analysis of products are only indicative of typical qualities and shall not constitute a term of this contract and in the event that samples shall have been submitted to the customer for testing the sale shall not be deemed to be a sale by sample.
7.
Advice and opinions expressed concerning The Companies products shall in no way be deemed to be approval of the design or method of construction or installation in which the products are to be incorporated unless The Company specifically undertakes the liability for the same for consideration in writing.
8. Liabillity
The Companies obligation and liability under any contract with the customer or for alleged negligence shall not extend to indirect punitive special or consequential damages or losses customers may suffer or incur in connection therewith such as but not limited to loss of revenues or profits, damages or losses inability to fulfil contracts with third parties claims of customers and the like nor shall it extend to similar damages or losses customers may suffer or incur as a result of claims, suits or other proceedings made or instituted against customer by third parties whether public or private nature.
9. Deliveries
Delivery dates are based on the best judgments of The Company at the time the quotation is made. Any changes in manufacturing schedule by the time the order is received may alter the quoted delivery time. Delays caused by customer changes or revision of specifications or requirements of drawings approval or any other cause outside the control of The Company will alter scheduled shipping date accordingly.
10. Taxes
Any tax arising out of the sale conversion or use of the products will be charged to the customer.
11. Cancellations
Termination of government contracts or sub-contracts will be accepted subject to the regulations then existing. All other orders may be cancelled only with the consent of The Company subject to charges for work performed and commitments made up to the time of cancellation.
12. Force Majeure
Neither The Company nor the customer shall be responsible for any failure to fulfil Any term of these conditions if fulfilment has been delayed, hindered or prevented by any foreseeable circumstances whatsoever which is not within the control of The Company or the customer as the case may be or by shortages of supplies required for or in connection with the products or compliance with any order or request of any National, port, local or other authority.
13. Title and Risk
The risk in all products supplied by The Company shall pass to the purchaser upon delivery to the point specified in the contract. Such products shall remain the sole and absolute property of The Company until such time as the purchaser shall have paid The Company the agreed price together with the full contract price due for any other products the subject of any other contract such a time as the purchaser becomes the owner of the products he will store them on his premises with The Company. The purchaser acknowledges that he is in possession of products solely as bailee for The Company until such time as the contract price thereof is paid to The Company Together with the full price of any other products the subject of any other contract with The Company. The purchaser may, however sell as principal or otherwise deal in the goods. Until separately from his own goods or those of any other person and in a manner, which makes them readily identifiable as products of The Company. The purchasers right to possession of the products shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would enable any person to present a petition for winding-up. The Company may for the purpose of recovery of its products enter upon any premises where they are stored or where they are reasonably thought to be stored and may reposess the same. The purchaser is not entitled to return the products and refuse, or delay payment on the grounds that the property has not yet passed.
14. Terms of Payment
Unless otherwise specifically agreed in writing payment shall be made within (thirty) 30 days from the date of invoice without discount or allowance or right of set-off or counter claim.
15. Patents
On Products made to customer specifications and/or design The Company Makes no guarantee that the sale or use of such products will not infringe any patent. In such cases the customer assumes full responsibility and will Indemnify The Company against all claims, judgement costs and expenses resulting from such infringement incurred as a result of supplying the materials in accordance with the customers specification and/or design The Company has a number of Registered Trade Names and Trade marks which are available upon request. The Company also has a number of registered designs relating to our products. These are subject to the provisions of Registered Designs Act 1949 and are available upon request.
16. Applicable Law
The construction validity and performance of these terms and conditions shall be governed by English law.