WBS LTD – TERMS AND CONDITIONS
1:- Our prices are based on the cost of goods of materials. Labour, transport and maintenance of machinery ruling at the date when such prices were agreed. In the event of the expense to us of performing the contract being increased or reduced directly or indirectly by reason of any subsequent fluctuation in such cost we reserve the right after notice to make a corresponding increase or reduction in our prices to meet any such fluctuations.
2:- We can accept no responsibility for failure to supply or for delay in supplying materials or goods which may be due directly or indirectly to any act of God or force majeure, or any war in which Her Majesty is engaged, invasion, riot, civil commotion, military or usurped power, any legislation. Government Order, Regulation or Direction, any strike or lock-out, any fire, accident breakdown of machinery, any shortages or labour, transit of such materials or goods or any other cause or circumstances beyond our control or any abnormal conditions arising from any of the foregoing causes.
3:- We do not undertake to deliver or collect any load over roads or other ground which we consider to be unsuitable. If a vehicle used for performing our contract with any customer delivers or collects a load to or from a place situated off a public road the customer is to be solely responsible for any accident or damage resulting in consequence.
4:- No complaint of any kind can be entertained (except in special circumstances justifying delay) unless it is made in writing within 24 hours after the time of supply of the materials or goods of which complaint is made. Although we make every effort to supply materials or goods strictly to accord with the quality or specification ordered. If any materials or goods supplied by us should be defective or not of the correct quality or specification ordered our liability shall be limited to free replacement of any materials or goods shown to be unsatisfactory within a period after delivery of 6 months. We are not under any circumstances to be liable for any consequential loss or damage caused or arising by reason of later supply or any fault, failure or defect in any materials or goods supplied by us by reason of the same not being of the quality or specification ordered or by reason of any other matter whatsoever.
5:- All goods are accepted by us subject to the material or goods ordered being available when required in the quantities needed.
6:- Our prices only cover delivery on normal working days during normal working hours. All deliveries made at the customer’s request on Public Holidays, Sundays or Saturday afternoons or at any other time outside normal working hours will be subject to an extra charge.
7:- We reserve the right to refuse to execute any order if the arrangements for payment or the customer’s credit are not satisfactory to us and to suspend or discontinue delivery of any goods or materials to any customer whose account is overdue for payment.
8:- We reserve the right to adjust this tender in the event of our discovering a clerical error herein, even though customer’s order may have been placed with and accepted by us, in which event customer to have option to cancel order if desirous of doing so, such part that may be in course of progress at the time of delivery to be taken by customer on basis or original tender. Breakage or shortage (if any) to be stated on carman`s ticket and signed for at time of delivery.
9:- Orders. All orders accepted by us cannot be cancelled without our consent in writing. Orders are accepted for delivery without responsibility for unforeseen hindrances, shortages of materials, delay in transit, accident, or any circumstances beyond our control.
10:- Unless otherwise agreed by us in writing the above terms and conditions shall apply to all orders placed with us. Any stipulations or conditions contained in a customer’s order form which would conflict with any of these terms and conditions or in any way qualify or negative the same shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by us in writing when acknowledging the order in question.
11:- Prices unless otherwise stated are for full loads. We reserve the right to increase the delivery charge for part loads.
12:- Order shall not be binding on the Company if they contain terms and conditions express or implied which are contrary to these conditions.
The risk in the goods shall pass to the Buyer on delivery but equitable and beneficial ownership in the goods shall remain with the Sellers until full payment has been received (each order being considered as a whole) from the Buyer, or until prior re-sale, in which event the Sellers beneficial entitlement shall attach to the proceeds of re-sale or to any claim for such proceeds.
INTEREST MAY BE CHARGED ON OVERDUE ACCOUNTS AT 3% OVER CURRENT BASE RATE