Reliable and Professional electrical contractors

Terms and Conditions

WELLEC ELECTRICAL CONTRACTING LIMITED
("THE COMPANY")

CONDITIONS OF TRADE

General

1.These Conditions of Trade shall apply to all services rendered ("the services") Wellec Electrical Contracting LIMITED ("the Company") and to all goods ("the goods" which expression shall include any services rendered in the preparation of the goods) supplied by the Company to any person firm or company (the Customer) and shall override any condition of purchase placed upon any orders by any customer.

2. All services rendered or goods supplied by the Company shall be deemed to be made under a contract incorporating these Conditions of Trade and shall be interpreted in accordance with English Law irrespective of the residence domicile or principal trading address of the Customer wherever the address to which the goods are supplied.

3. If any one or more of the provisions of these Conditions of Trade shall be adjudged by any Court to be unfair within the meaning of the Unfair Contract Terms legislation or any statutory modification thereof then only those particular provisions shall be unenforceable but the remaining provisions of these Conditions of Trade shall continue in full force and effect.

4. These Conditions of Trade embody the whole of the Agreement between the Company and the Customer and the Customer acknowledges that the Customer has not entered into this Contract with the Company as a result of any representation or warranty oral or written made by or on behalf of the Company.

Specific

1. All orders for the services or goods shall be in writing or shall be confirmed in writing by the Company. At the Company's discretion in respect of any order the Company may request the Customer to pay all or any part of the price thereof prior to the Company supplying any services or goods. If the Customer shall not make such prepayment as requested the Company shall be under no liability to supply any services or goods to the Customer.

2. The prices quoted for the services or goods to the Customer are subject to any increase by the Company becoming effective between the date of order and the date of delivery or supply (which shall be the invoice date) and any services or goods supplied shall be invoiced at the price current therefor at the date of delivery or supply. In the event that the Customer requires goods or services to be supplied in a shorter period of time than that originally agreed the Company may at its discretion employ persons outside normal working hours to meet the Customers requirements but any additional charges incurred thereby shall be paid by the Customer in addition to the quoted price.

3. Unless otherwise stated all prices quoted shall be exclusive of Value Added Tax at the appropriate rate which will be added to the invoice by the Company and shall be payable as part of the invoice.

4. All invoices are payable on the date of issue thereof. The Company may at its absolute discretion on any one or more contract grant to the customer 30 days credit in which to pay for the goods or services supplied but this shall not affect the fact that all invoices are payable on the date of issue.

5. Any sums due under any invoice shall bear interest at the rate of 2% per month on the value of the invoice from the date they are due for payment until the date of actual payment such interest to be calculated on a daily basis.

6. In the event of the Company deciding to employ solicitors or other agencies to collect all or any sums due from any Customer to the Company the costs so incurred by the Company shall be paid by the Customer such costs not being limited to those recoverable under a Court action.

7. Property in any goods supplied by the Company to a customer does not pass to the Customer until the goods have been paid for in full. Risk in the goods however shall pass on delivery to the Customer who shall insure such goods to their full value. Until such time as payment for the goods in full has been received by the Company the Customer shall hold such goods or any monies representing the sale proceeds thereof as trustee for the Company. In the event of any goods or services not being paid for in full by the date upon which payment therefor was due the Company shall have power to recover possession of those goods or any other goods supplied by the Company to the Customer and retained by the Customer and the Customer hereby expressly grants a licence to the Company to enter upon any premises upon which such goods are located to recover possession thereof.

8. The Company shall be at liberty in the event of it being unable to obtain from its suppliers supplies of any particular item ordered by the Customer to cancel any order placed by the Customer or at the Customer's option to supply an equivalent item of equal quality and value and shall not be deemed to be in breach of the terms of this contract by so doing.

9. The Company will not be responsible for any loss or damage of whatsoever nature and howsoever caused to the Customer or to any third party or their respective businesses or employees as a result of any defect in the goods or services supplied or any use to which they are put by the Customer or any third party.

10. Any claim in respect of any services rendered or generally concerning the goods supplied shall be notified by the Customer to the Company in writing within two working days of the date of delivery of the goods or rendering of the services in default of which no claim shall arise against the Company in respect thereof.

11.Any claim made by the Customer against the Company in respect of losses arising as a result of any defect in the goods or services supplied shall be limited to the value of the goods or services supplied.
12. The Company will use its best endeavours to supply services or goods upon the dates specifically agreed in writing between the Company and the Customer but in the event of the Company being unable to meet such dates no claim shall arise against the Company by the Customer.
13. The Company may at its absolute discretion refuse to supply any services or goods to any customer and in such event shall notify such customer in writing of its decision not to supply in which event the Customer shall have no claim against the Company for any loss arising as a result of the Company's refusal to supply.

14. Unless otherwise agreed in writing no goods supplied by the Company to the Customer are on sale or return or sample basis; no goods once delivered may be returned to the Company without prior written authority from the Company unless those goods are accepted by the Company as being defective in some way. In the event of a return being authorised by the Company the Company shall have the right to charge carriage to and from the delivery location.

15. The Company shall not be liable for any breach of Contract for the supply of goods or services if it is prevented from performing its part of the Contract by any matter whatsoever beyond its control. In addition the Company shall not be responsible in any way for the acts or omissions of any third party employed by the Customer direct or for any liability howsoever arising incurred by the Customer in or by reason of the Customers employment of such third party.

16. There will be no discounts on invoices unless specifically agreed between the Company and the Customer and further in the event of any invoice upon which discount has been agreed not being paid by its due date then discount will be forfeit.
17. Preparatory to entering into any Contract the Company may supply to the Customer drawings technical specifications catalogues and other matter based upon information supplied by the Customer to assist the Customer in planning his requirements. Whilst every effort will be made to ensure the accuracy of the same the Company takes no responsibility for any items so supplied and it is the Customers responsibility to ensure that all information given by him and items supplied to him are accurate and to the Customers satisfaction. If the Customer supplies measurements templates or other items to assist the Company in manufacturing the goods the same must be accurate in all respects. The Company cannot accept responsibility for inaccuracies in the goods as a result of incorrect information or items supplied by the Customer. Furthermore the Company cannot accept responsibility for the loss or otherwise of the Customer's goods whilst on the Company's premises.
18. No order once placed may be cancelled by the Customer who will accept delivery of the goods or carrying out of the services when the Company shall so require. If the Customer shall continue to refuse delivery for 30 days after the Company shall require the same the Company shall be at liberty to raise an invoice to the value of any goods so ready to be supplied to date and the Customer will pay to the Company the invoice price. In addition the Company shall be at liberty to charge storage for any goods undelivered at the rate of £25 per day from the date the Company notifies the Customer that it is able to deliver the goods and the date when the Customer accepts such delivery, such storage charges to be paid in cash on delivery. Notwithstanding the provisions of this clause the Company may at its discretion accept cancellation of any order in which event a cancellation fee of £100 will be payable by the Customer or will be deducted from any deposit made by them.
19. No order when once placed with the Company can be varied without the Company's written consent. In the event of the Company agreeing to vary any order the costs of all additional works done by the Company both in design or production shall be paid by the Customer either at the date of such variation or at the date of delivery of the goods or supply of services whichever the Company shall decide.

Wellec Electrical Contracting LTD

Reliable and Professional electrical contractors

Terms and Conditions

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