1. CONDITIONS
These terms and conditions form the basis of the contract between Wenmark
Ltd and its Customers. All goods and services supplied by Wenmark Ltd shall be on
these terms and conditions. Notwithstanding anything to the contrary in the Customer’s
terms and conditions of purchase, the customer’s terms and conditions of sale shall
not apply to any contract between Wenmark Ltd and the Customer unless Wenmark Ltd
expressly agrees otherwise in writing.
Wenmark Ltd is entitled at any time to modify
any of these conditions by issuing to the Customer a new version of these conditions,
and such new conditions shall apply to each supply of goods made after the Customer
has been notified of the new conditions.
2. ORDERS
Wenmark Ltd is not under any contractual obligation to accept any particular
order for goods placed by the Customer. Wenmark Ltd will use its reasonable endeavours
to notify the Customer in writing as soon as it decides that it does not wish to
accept any particular order placed by the Customer.
A confirmed order or schedule
may only be cancelled or varied with Wenmark Ltd’s consent, the giving of Wenmark
Ltd’s consent shall not in any way prejudice Wenmark Ltd’s right to recover from
the Customer full compensation for any loss or expense arising from such cancellation
or variation.
3. DELIVERY
The Customer will take delivery of goods promptly after it has been given
notice that they are ready for delivery and will pay any demurrage, transport or
storage costs and expenses caused or incurred by its failure to do so.
All goods must
be checked by the Customer on delivery and signed for, and any goods found damaged
must be refused. Adjustments to delivery notes will only be valid where countersigned
by the vehicle driver. Deliveries signed for as unchecked are not acceptable. Invoices
once received should be checked against the delivery note and in the event of discrepancy,
returned forthwith quoting relevant delivery note number.
The Customer will at its
own expense provide adequate and appropriate equipment and manual labour for unloading
all goods in a safe and effective manner. All risks arising in the course of such
unloading shall, as between Wenmark Ltd and the Customer, be borne by the Customer
the Customer shall indemnify and keep indemnified Wenmark Ltd against all losses,
costs, expenses, damages, liabilities or claims incurred or suffered by Wenmark Ltd
as a result of any loss or damage to the goods, any vehicle, equipment, materials
or premises or any injury to or death of any person arising in the course of such
unloading.
4. RISK, PASSING OF PROPERTY AND RETENTION OF TITLE
The goods shall be at the Customer’s
risk as from delivery.
5. DELIVERIES, SHORTAGES, AND DAMAGED GOODS
All consignments must be checked for shortages
against the delivery note as our carriers will not accept claims for shortages after
the goods have been signed for. Goods must also be checked thoroughly for damage
as our carriers will not accept claims once the goods have been signed for. Upon
delivery, should a consignment have shortages or damage, dealers should refuse the
delivery and contact our sales office for further assistance. If goods are accepted,
clearly document on the consignment note the discrepancy and/or damage and request
the delivery driver to countersign, and inform our sales office in writing immediately.
6. MACHINE RETURNS
Our policy is to sell products to trade dealers who provide service
back-up and warranty. Should a genuine warranty fault occur that cannot be resolved
by the dealer, we will offer warranty support, however all carriage costs will be
borne by the dealer.
We do not accept machines for return unless the case is exceptional
and only by prior arrangement. Dealers carrying out genuine warranty work will be
reimbursed as per the relevant manufacturers warranty policy. Machines will only
be accepted for credit if new, unused and in the original packaging. Any carriage
costs to return unwanted machines will be borne by the dealer. We also reserve the
right to make a 10% returns charge for returned machines.
7. PAYMENT TERMS
Unless otherwise stated on the invoice, payment is due on or before
end of the month following the date of invoice. Accounts that are outstanding at
the end of the month following month of supply may be placed on credit hold and no
further goods supplied until account is brought up to date. If payment has been
made by post-dated cheques, the account will remain on credit hold until funds are
cleared. Payments made by credit card will be surcharged by 1%.
8. RETURNED CHEQUES
Cheques that are not honoured by the Customer’s bank and referred
to drawer or re-present will incur an admin charge of £20.00 plus VAT each and every
time they are returned.
9. OVERDUE ACCOUNTS
Overdue accounts will have interest charged at the rate of 4%
over the Bank of England base rate per annum compounded, and future deliveries will
be withheld until account is brought up to date. An additional 10% charge will be
made on any amounts collected by a third party.
10. NON PAYMENT OF ACCOUNTS AND CLOSING ACCOUNTS
Should a Customer fail to settle
their credit account within the credit terms herewith Wenmark Ltd reserve the right
to collect goods for credit. Any goods collected or returned for credit in order
to settle a credit account will be subject to a minimum 10% handling charge, and
a collection charge, if new and unused.
11. INSTRUCTIONS
All machines sold will be supplied with the manufacturer’s instruction
manual and it is the Customer’s responsibility to read these instructions and to
make sure that they are understood before the machine is used.
