Clubwizard Ltd is pleased to accept orders subject to the Terms & Conditions of sale as stated below. Unless expressly agreed in writing [for example in the case of a tender.] any alterations to these will not apply in these terms “you” and “your” as appropriate refer to the buyer and ”us” and “our” and “we” refers to the seller, Clubwizard Ltd. “Days” refer to working days, being Monday to Friday inclusive excluding bank holidays, unless otherwise stated.
Our quotations are valid on the day of issue only and are subject to stock availability. Quotations are for the sole use of the addressee and we reserve the right to withdraw a quotation, which has been passed by you to a third party.
3. DELIVERY AND COLLECTION OF GOODS
In normal circumstances
[a] We will deliver an order within the agreed period, but we cannot be held liable for any loss caused by late delivery. If we do deliver late you are not entitled to regards this as a breach of contract.
[b] Goods will be delivered to the address supplied by you. You are considered to have given authority to accept a delivery on your behalf to any person who actually accepts at the delivery address.
[c]if we or any agent on our behalf cannot deliver to the delivery address then we may, either store the goods and deliver at a later date or return the goods to stock and deliver similar goods later.
[d] You are obliged to provide adequate labour and facilities at the delivery or collection address to load or unload the goods without undue delay. We will require compensation for any loss we suffer arising from a collection or non-delivery of goods or collection delay or cannot be carried out then we will charge you extra costs incurred.
[e]If we deliver in instalments to you, then each instalment is a separate contract if payment in full is not made to us at the proper time for orders, which have already been delayed then we may withhold or cancel delivery or any other orders, which have not been delivered.
[f]Our prices exclude delivery or transport, insurance in transport and taxes; we will charge you extra for transport, packing taxes and insurance as applicable.
All prices are quoted exclusive of Value added Tax [VAT], VAT will be added to all invoices at the rate applicable on the tax point date. The tax point date will be the date of the invoice.
Unless otherwise stated. Invoice must be paid within 30 calendar days of there date. If you have not paid in full by that date then:
[a] We will be entitled to charge you interest at 3%, above the current base lending rate of National Westminster Bank, compounded daily, on the amount outstanding until it has been paid in full.
[b]we will be entitled to sue you for the money and costs incurred wrother or not property in the goods has been passed to you.
If you have a dispute or counterclaim against us, you will not be entitled to make a reduction in, or deferment of payment because of that dispute or counter claim.
6. DATA PROTECTION
In his course of dealings with us you will supply to us data which we will collect and retain, some or all of that data may be personal date which is subject to the Data Protection Act 1998. The data you supply us will be processed by us to execute order, to monitor your account, to select and send marketing material and periodically to conduct trade and bank reference and other credit checks. This will involve the disclosure of your data to and from third parties; you consent to the processing of your data for those purposes.
[a] All goods supplied by us are warranted to be sound workmanship and materials and suitable for the purpose for which they are designed under fair conditions. Our liability under this warranty will be limited to the replacement or repair or issue a credit note against any goods acknowledged by us to be faulty, provided that such faults have not been caused by your misuse of the goods or your neglect handling them.
[b] In order to make a claim under warranty you must return the goods;
i] Within 30 days of delivery date or the time stipulated by the manufacturer, whichever is the longer, or within 5 days for hardware products
ii] In good order and condition
iii] Carriage Paid
iv]to our distribution centre, unless we have advised you of another address to return the goods.
We have no authority to accept goods for return unless we have agreed in advance.
[c]In no circumstances will we be responsible for loss or consequential damage arising from the failure or defect of our goods.
If you return the goods in order to make a claim under clause7(b) above those goods turn out to be, in our opinion, fault free or damage by reason of your misuse or neglect handling of them then we will give you 10days written notice to make arrangements to collect the goods. You may collect the goods in person or make arrangements for your own carrier to collect them you will remain liable to pay for the goods in full, we reserve the right to make arrangements to return the goods to you after 10 day period charging our carriage and administration costs. Alternatively at the end of 10 day period your non-compliance with our request for instruction will lead us to assume that you have given us unconditional authority to dispose of the goods as we see fit.
8. CATALOGUES AND BROCHURES
All descriptions and illustrations of goods in any catalogue, brochure and price list or in any other documentation provided by us are intended as for general guidance only and form any contract between you and us. We accept no liability for any error or omissions in such documentations and cannot be liable in any loss or damage resulting from your reliance on such descriptions and illustrations.
9. FORCE MAJEURE
We reserve the right to cancel an order or suspend or delay delivery or it without being liable for loss or damage if supply of the goods is prevented by reason or war,[whether declared or not], Civil strike, riots, adverse weather conditions, fire, floods, labour disputes, accidents or any other causes or circumstances beyond our control.
10. SHORTAGES, DAMAGES, DISCREPANCIES, AND/LOSS IN TRANSIT
We will at our discretion refund, replace or issue credit where goods have been lost, wrongly delivered, damaged in transit, or there is a short supply of an order. We will only consider claims if made in writing to us within 3 days of delivery. If goods have been lost in transit you must also inform the carrier in writing within that period if goods have been damaged or supplied short, then you must keep those goods in one place separate from any other goods and let us inspect them if we wish before we decide what action to take if a whole consignment of goods is lost them you must inform is in writing within 10 days of the Invoice date.
11. RETENTION OF TITLE
[a] General: Notwithstanding delivery of goods, we will still own them until you have paid in full for them in accordance with this contract and until all money owed by you to us has been paid in full.
[b] Sale of goods: You are allowed to sell on the goods in the ordinary course of your business and if you do the title of the goods sold will pass to the person who buys them from you on delivery to them If you sell the goods to a third party before you have paid for them then you will hold the proceeds of that sale and trust for us pending payment we will have the right to require you to direct the third party to pay the money they would have paid you directly to us instead and our request you will assign to us any rights or claim you have against your customer in relation to the goods.
[c]Storage: Goods which are in your possession will be held by you as belief. You must keep the goods separate and clearly identified as our property until you have paid for them.
[d] Insurance: After delivery and until payment you must keep the goods fully insured, if the goods are lost, destroyed or damaged then you must hold the proceeds of the insurance for and to our order pending payment. If the goods are so destroyed you are not entitled to delay paying us until the insurer of the goods has paid you.
[e]Recovery of goods: We may enter your premises without notice and recover the goods, which have not been paid for in full, As between you and us, this sub-clause constitutes your authority for us to enter on the premises of other premises of any person holding the goods on your behalf and on whose property the goods may be removed the goods.
12. YOUR BANKRUPTCY OR DEFAULT
[a] you fail to honour any part of your obligations to us under this contract, or you breach them. Or
[b] Any distress or execution is levied on you. Or
[c]you offer to make an arrangement with your creditors or commit ant act of bankruptcy or if any petition in bankruptcy is presented to you, or [if you are a listed company] any resolution or petition to wind up such a company’s business [other than the purposes of amalgamation] is passed or presented we will have the immediate right to cancel in writing any contract we currently have with you with out prejudice to any claim or right we might otherwise have.
13. INTERPERTATION AND VALIDITY
Only English law will govern the construction, avidity and performance of this contract, and the English Court will have exclusive jurisdiction. The interpretation of any clause or sub clause above will not in any way be limited or restricted by reference to or inference from any other will remain in full force and effect.