Parts catalog

1
.0 Definition
1.1 All orders accepted and all tenders made by White House Products
Ltd (hereinafter called “The Company”, are made and accepted
u
pon the following terms and conditions:
1.2 The “Customer” as referred to in these conditions is the person to
w
hom the Goods are supplied under this contract.
1.3 The “Goods” are those items being supplied by the Company to the
Customer under this contract.
2.0 General
2.1 The conditions provide the whole terms and conditions covering
t
he contract. In the event that the Customer has any other
conditions of contract which shall conflict with these conditions,
these conditions shall apply to the exclusion of the Customer.
3
.0 Price
3.1 All prices quoted are accurate at the time of going to press, but are
s
ubject to change should the cost of goods to the company change.
3
.2 Payment for the goods supplied under this contract shall be made
within 30 days of the date of invoice.
3.3 If payment in whole or in part is not made within the said period of
30 days, interest on the amount unpaid shall accrue and be payable
a
t the rate of 2% above the base rate from time to time and the
time being of the Bank of Scotland until payment in full has been
made.
3.4 Prices are exclusive of VAT or any similar sales tax and costs of
transportation, duty, packaging and insurance.
4.0 Retention of Title
4.1 Notwithstanding delivery, ownership in the Goods will remain with
the Company and shall not pass to the Customer until the Company
has received payment in full of all amounts due and owing from the
Customer to the Company for the time being (including any interest
accruing and owing to the Company) and from time to time in
respect of all such Goods.
4.2 Until ownership in the Goods passes:
(a) the Company shall be entitled at any time to require the
Customer to deliver the Goods to the Company and, where the
Customer fails to do so, to enter any premises where the Goods
are stored and repossess them;
(b) the Customer shall act as agent for the Company to resell the
Goods and shall account to the Company for the proceeds of
such resale;
(c) where Goods are incorporated into or become part of any of the
Customer’s products, upon sale of such products, the Customer
shall account to the Company for the price of the Goods
supplied by the Company; and
(d) the Customer shall ensure that the Goods are stored separately
from any other property of the Customer or from any property
belonging to a third party and held by the Customer and shall be
clearly identifiable as the property of the Company.
5.0 Risk
5.1 Risk in the Goods shall pass on delivery thereof to the Customer or
to the agent of the Customer or on collection from the Company’s
premises by the Customer or the agent of the Customer.
6.0 Damage or loss in transit
6.1 Liability for damage and loss in transit will not be accepted except
where the following conditions apply: Damage – delivery notes
must be signed “unexamined” unless goods are inspected
immediately. Notification to the Carriers and the Company must be
given in writing within 7 days from date of delivery.
6.2 Loss
a) Passenger, Postal, Road Transport: The Company must receive
notification of non-delivery within 7 days from date of invoice.
b) Railway Goods: notification is required within 21 days from date
of invoice; in the case of partial loss the Company must be
advised immediately.
6.3 In the event that liability for damage or loss in transit is accepted,
this will be limited to the replacement cost of the Goods or any
individual component.
7.0 Clerical Errors
7.1 The Company shall not be bound by any clerical error or
arithmetical errors occurring in any tender, invoice or statement of
account issued by it.
8
.0 Drawings and specifications
8.1 All the information contained in any specification, drawing and
c
atalogue (or which accompanies or forms part of any tender
made by the Company) is subject to alteration at any time
without prior notice and the Company will not be bound to
c
omply exactly therewith.
8.2 The Company shall not be liable for any inaccuracies in any
d
rawings, specifications or other information supplied to the user
and the Company shall not be liable for any defects, accidents or
happenings arising out of such faulty information.
9.0 Intellectual Property
9.1 The Customer acknowledges that any and all of the Intellectual
Property Rights, patents, copyright, trade marks, designs, trade
secrets, know-how or other Intellectual Property Right, whether or
not registered or capable of registration used or embodied in or in
connection with the Goods are and shall remain the sole property
o
f the Company. The Customer agrees to treat as confidential and
proprietary all such Intellectual Property Rights relating to the
Company. The Customer shall indemnify the Company fully against
a
ll losses, liabilities, costs and expenses which the Company may
incur as a result of work done in accordance with the Customer’s
specifications which involves or results in the infringement of any
I
ntellectual Property Right of know-how of any third party.
10.0 Warranty
10.1 Goods supplied by the Company, unless otherwise agreed will be
free from defects in material and workmanship and will conform to
specifications, drawings and/or other descriptions expressly made
part of the contract for a period of one year from the date of
delivery. Should any failure of the Goods to conform to this
warranty appear within one year, upon notification thereof and
substantiation that the Goods have been properly stored and
maintained, and upon return of such Goods, the Company will, at its
option repair or replace such Goods free of charge or issue credit in
lieu of such repair or replacement.
10.2 This warranty is exclusive and any other warranty (particularly any
warranty that the Goods are fit for any special purpose of the
Customer), whether expressed or implied is excluded to the fullest
extent permitted by the law.
11.0 Limitation of Liability
11.1 Notwithstanding anything else contained in this agreement, the
Company shall not be liable for special, indirect or consequential
damages such as, but not limited to, loss of profits or revenue, cost
of purchased or replacement goods, or claims of customers to the
Customer whether arising from negligence, breach of contract or
howsoever.
11.2
The remedies of the Customer set forth herein are exclusive, and
the liability of the Company in respect of any contract, or anything
done in connection therewith such as the performance or breach
thereof
, or from the manufacturer, sale, delivery, resale, installation
or use any Goods covered by or furnished under this Contract
whether arising out of contract, negligence, delict or any warranty
or otherwise, shall not, except as expressly provided herein, exceed
the price of the Goods for which such liability is based.
11.3 The Customer agrees that it should have its own insurance in place
to cover the special or consequential damages mentioned above and
agrees that the Company’s exclusion of liability is fair and
reasonable.
11.4
Nothing contained in these Terms and Conditions shall limit liability
in respect of death or personal injury caused by the Company
’s
negligence.
12.0 Return of Goods
12.1
If no cancellation has been received by the Company and Goods
have been dispatched to the Customer in accordance with the
Customer
’s order, the Company will not accept the return of said
Goods except in circumstances where the Customer makes a bona
fide claim for replacement as set out in clause 10 above.
12.2 Returns by way of special agreement are subject to a restocking /
handling charge of 30% of the original invoice value.
13.0
Governing Law
13.1
The contract shall be interpreted according to the law of Scotland
which shall apply to the whole terms and provisions hereof and
the parties shall submit to the non-exclusive jurisdiction of the
Scottish Courts.
Bankers Reference: Royal Bank of Scotland plc, 122 Cathcart Street, Greenock, Renfrewshire, PA15 1BA
Terms & Conditions of Sale