Terms and Conditions
In these terms and conditions of sale the expression "The Company" means Wesley Marine Windows Ltd Trading as Petite Showers and the "Purchaser" means the Company, Firm or persons to whom the goods are supplied by the Company under this contract.
TERMS OF PAYMENT
All goods supplied shall be paid for at the point of delivery, any goods which are to be delivered by us in any other way dispatched by us shall be paid for in full before dispatch.
DELIVERY
It is policy of the Company to make a small charge for delivery. Where goods are required to be delivered by the Company we will use our best endeavours to dispatch goods by the time arranged but we shall not be liable for any loss or damage caused to our customer or his or its agents or any other person by delay howsoever occasioned. Whenever possible goods will be delivered by the Company vehicle to the customers warehouse, works or other designated destination.
PRICES
Price lists are subject to withdrawal without notice and subject to any specific agreement to the contrary. Goods supplied will be invoiced at prices in operation at the date of dispatch. All prices quoted are exclusive of Value Added Tax which will be charged at the rate applicable when invoiced.
RETENTION OF TITLE
All goods supplied by the Company remain the property of the Company until paid for in full and if payment is made by cheque, until the cheque is cleared through the bank account on which it is drawn. In the event that goods are supplied on different dates and covered by separated invoices, some of which have been paid for and some of which have not, it shall be presumed that our customer has used the goods that have been paid before the goods for which payment has not been made and that any goods in the customers premises are goods for which payment has not been made and which are still the property of the Company.
CUSTOMERS PROPERTY
In accordance with trade custom any customers property left with us for repair, renovation, modernisation or for any other purpose is handled stored and processed at the customers risk.
Storage The Customer shall provide all such information and assistance as the Company may require, enabling such delivery to take place. If for any reason the Customer is unable or otherwise fails to accept delivery of the goods within such period the Company may store or arrange for storage of the goods until their actual delivery and if it does so the Customer shall pay the Company’s reasonable charges therefore including any insurance and /or any transport costs, which obligation shall be in addition to any other payment or damages for which the Customer may be or become liable in respect of his inability or other failure to take delivery. ‘
Restriction on Claims for damage to or loss of goods The Company shall not be liable for any claim for damage to the goods or total or partial loss of the goods unless, in the case of damage to goods collected by the Customer from the Company’s premises, notice in writing of the claim is given to the Company either before such collection is completed or, if the Company’s delivery note is marked “not examined” on behalf of the Customer before such collection is completed, within 7 days thereafter, in either case followed by a full written claim within 28 days thereafter. In the case of damage to goods or partial loss of goods in transit, notice in writing of the claim is given to the carrier concerned either before delivery is completed or, if the carrier’s delivery note is marked ‘not examined’ on behalf of the Customer before delivery is completed, within 7 days thereafter, a separate notice in writing of the claim is given to the Company within 7 days after delivery is completed, and separate full written claims are given, to the carrier and to the Company within 28 days thereafter. In the case of total loss of goods in transit, separate notices in writing of the claim are given to the carrier concerned and the Company within 28 days of the date of consignment, and separate full written claims are given to the carrier and to the Company within 28 days thereafter.
Risk. Risk shall pass to the Customer upon delivery of the goods if such takes place at the Company’s premises but, otherwise upon despatch of the goods from the Company’s premises.
Retention of title and property. Title to and property in the goods shall not (save only as hereinafter provided) pass to the Customer and the Customer shall hold the goods supplied as bailee for the Company until the Customer has paid in full to the Company the price of the goods and all other sums howsoever due or owing to the Company, whether such indebtedness arises before or after the supply of the goods in question, and including the costs of any legal proceedings by the Company to enforce any obligation of the Customer’s whether arising hereunder or otherwise howsoever. The Customer while bailee of the goods for the Company as aforesaid shall not resell, charge, mortgage, part with possession of or otherwise howsoever deal in or create any in cumbrance whatsoever over the goods save only with the prior written consent of a director of the Company. The Customer while bailee of the goods for the Company as aforesaid shall keep the goods separate and apart from all other goods (save only for other goods supplied by the Company). Shall keep them at all times clearly labelled as the Company’s property, and shall not howsoever attach or affix the goods nor cause suffer or permit the goods to be attached or affixed to any land or building or to any other plant, machinery or equipment, save only :- (a) If and to the minimum extent it is necessary so to do to enable the Customer to use the goods for their ordinary purpose, and(b) In such a manner as enables them readily and easily to be detached and removed therefrom, and(c) On terms that notwithstanding such attachment or affixation the goods shall continue to be held by the customer as bailee as aforesaid and shall not form or become part of the land or buildings or (as the case may be) the other plant, machinery or equipment to which they are attached or affixed. If and for so long as the Customer holds the goods as bailee for the Company as aforesaid, then at any time when the payment by the Customer to the Company of the purchase price or any percentage or part thereof is overdue, or at any time after the presentation of a petition for a bankruptcy order or (as the case may be) a winding up order against the Customer or the appointment of an Administrative Receiver or Administrator of the Customer, or the calling of a General Meeting of the Customer and/or its creditors to consider a resolution that it would be wound-up, the Company shall be entitled on demand to the immediate return of the goods and in default of immediate compliance with such demand the Company, its servants or agents shall be entitled to enter upon the premises of the Customer or any other land or buildings where the goods are situated or reasonably suspected by the Company to be situated and to recover them. In the event of the Company retaking or claiming to retake possession of the goods by virtue of the provisions hereof, the Customer shall have no right to reimbursement of any sums whatsoever which it has paid to the Company nor-to any rebate in respect of the sums outstanding in respect thereof, but in the event of a resale of the goods concerned by the Company the proceeds thereof (after deduction of the costs and expenses of retaking possession and of such resale) shall be applied to the reduction of the outstanding balance of all sums due from the Customer to the Company, and any surplus after extinction of the said balance shall be paid to the Customer. Notwithstanding the foregoing the Company shall be under no duty to effect a resale or (if it chooses to do so) to obtain the full market or any particular price for the goods upon reselling them, but may organise and conduct any such resale or attempted resale in such manner as in its absolute discretion it thinks fit.
Defective goods Subject as hereinafter provided the company will repair, or at its option replace, all goods or components of goods of its own manufacture which are proved to the Company’s reasonable satisfaction to be or have become faulty by reason only of faulty design, of the use of defective materials or of defective workmanship within a period of one month from the date of the delivery (or, if earlier, despatch) of the goods, provided that it is a condition precedent of such liability that the Customer: (a) Has given prompt and reasonable notice of the defect to the Company, and(b) At its own expense either returns the goods to the Company or (If the Company so elects) provided the Company with such access to the goods at the Customer’s premises as the Company reasonably requires for the purpose of effecting such repair or replacement. The Company’s liability to the Customer under (i) above shall be the entire extent of its liability and duty of care (if any) in respect of all goods or components of goods of its own manufacture. The Customer acknowledges that the Company in the course of purchasing goods or components from its suppliers and/or the manufacturers may have obliged to contract on conditions of Sale of such suppliers/manufacturers and that it is probable that such Conditions of Sale will contain clauses excluding or restricting the liability of such suppliers/manufactures. The Company’s liability and duty of care (if any) in respect of all goods or components of goods which are not of its own manufacture for any breach of contract or negligence whether in relation to the conditions of the goods or otherwise howsoever shall in any event be limited to and shall not exceed the liability of its supplier and/or the manufacturer to the Company to the intent that the Company itself shall not be liable for any sum which it cannot recover from its supplier and/or the manufacturer. Notwithstanding the Company may at its option discharge all its liability (if any) to the Customer in respect of goods or components of goods which are not of its own manufacture by assigning to the Customer the benefit of such guarantee and/or warranty as the Customer itself has received from its supplier and/or the manufacture. Save as aforesaid (and save in respect of death or personal injury resulting from the negligence of the Company its servants or agents) the Company shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Customer or by any purchaser or sub-purchaser from the Customer or by any end-user of the goods or other person against the Company whether in contract or tort (including negligence on the part of the Company, its servants or agents) nor owe any duty of care arising out of or in connection with any defects in the goods or any act omission neglect or default (whether or not the same constitutes a fundamental breach of the Contract or breach of a fundamental term thereof) of the Company its servants or agents in the performance of the contract . In particular, all other conditions, warranties and other terms express or implied statutory or otherwise are expressly excluded save insofaras contained herein or as otherwise expressly agreed by a director of the Company in writing provided that if insofaras any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the contract any term or shall have made unenforcable any attempt to exclude any such term the foregoing provisions of this paragraph will not apply to any such term. In the event that the Customer shall howsoever make the goods available for the use of another he shall bring the provisions of these Conditions and in particular Condition 10 hereof to the attention of the user. Further in such event the Customer shall procure that any contract by which it permits such use incorporates like restrictions on liability to those of Condition hereof.
Goods not belonging to the Company The Company shall not be held responsible or liable for any loss or damage suffered by goods belonging to the Customer or another while such goods are in the Company’s possession. Accordingly it shall be the Customer’s responsibility to obtain such insurance cover, as it requires in respect of such goods.
Goods sold f.o.b. Where goods are sold f.o.b. the responsibility of the Company shall cease immediately the goods are placed on board ship and the Company shall be under no obligation to give the Customer notice specified in section 32(3) of the Sales of Goods Act 1978.
Force Majeure The Company shall be relieved of all liabilities incurred under any agreement governed by these Conditions wherever the fulfilment of its obligations thereunder or any of them is prevented, frustrated impeded or delayed as a consequence of war, invasion, act of foreign enemy, hostilities whether war has been declared or not). Civil war, rebellion, revolution, insurrection, military or usurped power, terrorists action, disaster, any statue rules, regulations, orders or requisition issued by any government department, council or other authority, strikes, lockouts, breakdown or plant or any other causes or circumstances whatsoever (whether or not of a like nature) outside the Company’s direct control.
Law and Jurisdiction These Conditions and every agreement governed by them, shall be governed by and construed in accordance with English Law, and the Courts of England shall have exclusive jurisdiction in respect of any dispute or claim whatsoever which may arise thereout save only where the Company invokes the jurisdiction of the Courts of any other country.
Anodised Finishes Anodising has many significant technical problems associated with trying to achieve perfect colour, lustre and hue across batches of parts. Many factors influence the colour including alloy type, age and condition, surface finish, coating thickness, tank chemistry, jig positioning, shape geometry and also handling processes meaning that variations are inevitable.
Due to the many variables that can determine final colour, lustre and hue and the fact that many of these are beyond our control Wesley Marine Windows Ltd CANNOT and DO NOT guarantee appearance as defined by colour, lustre and hue and therefore cannot guarantee perfect colour, lustre and hue across all parts that make up our products. As a consequence Wesley Marine Windows Ltd Trading as Petite Showers, are not able to offer a perfect colour matching service for anodised coatings.
Whilst we will try to ensure consistency across our parts with minimal variation we cannot guarantee this especially where strict deadlines are in place.
Additional Terms and Conditions
Guarantees -
1. The Company guarantees its Products against defects in material for a period of one (1) year from the date of invoice from the Company to the Customer and against failed seals on double glazed units for a period of three (3) years.
2. In the event of a complaint by the Customer that the Products are defective, the Company will investigate the alleged defect or default with a view to taking remedial action.
3. If the Company accepts that Products are defective, the Company will repair or replace the same. The Company will repair or replace the Products free of charge except as otherwise provided for herein:
3.1 The guarantee does not cover labour, delivery expenses or other costs associated with the installation or removal of products for repair or replacement.
3.2 No guarantee is given that the Products replaced by the Company will correspond precisely with those supplied previously if the Company or its suppliers have discontinued the manufacture or supply of those products. The Company will use reasonable efforts to find replacement products which are similar to the Products being replaced.
4. The Company shall not be liable to the Customer for any defect in the Products once the guarantee has expired.
5. This guarantee does not extend to:
• Breakage of tempered or laminated glass,
• Product that is altered or abused or installed in unusual, abnormal or extreme locations or situations,
• Failure to provide reasonable maintenance,
• Discolouration caused by weathering,
• Damage to glass caused by weld splatter, protective coating removal, sanding or improper washing,,
• Custom finishes,
• Product that has been field modified or products assembled by others with the Company fabricated parts,
• Damage due to exposure to conditions beyond published performance specifications.
Fitting & Installation -The company accepts no responsibility whatsoever for the fitting or suitability of any of its products.
Payment -A deposit of at least 50% is required on all forward and bespoke orders.
Terms and Conditions -The above conditions are to be read and construed in conjunction with our standard conditions of sale and are not in replacement thereof. We hope that with the following description of a typical installation you will make use of some helpful information, tips, and suggestions to help make your installation go as trouble-free as possible.
