Terms
and Conditions
Orders are
accepted subject to the Conditions of Sale set out below.
1. GENERAL. The "Company" means J W
Instruments Ltd. The "Contract" means the contract agreed
between persons or a Company whose order is accepted by the Company.
The "Customer" means the person placing the order in
their own right or on behalf of a Company.
All quotations
are written and all orders are accepted subject to the following
terms and conditions. Variations and additions can only be accepted
in writing.
2. PRICES. Every effort will be made to adhere to prices
published in £ Sterling but the Company reserves the right
to change prices without notice at any time. Prices of imported
goods may be subject to currency exchange fluctuations. Delivery
charges will be at cost unless by prior agreement.
3. PAYMENT. Payment by invoice must be within 30 days of
receipt of goods unless otherwise agreed previously.
4. ORDERS. The Company reserves the right to refuse to supply
any person or Company. Catalogues, price lists and other advertising
matter are an indication of the goods offered and no particulars
therein shall be binding on the Company. Responsibility for ensuring
that Goods are suitable for a particular application is the Customer's
unless stated in writing. To avoid duplication of verbal orders
any confirmation by post, facsimile or e-mail must clearly indicate
'Confirmation only'. Cancellation or partial cancellation of orders
for non standard, special build items can only be cancelled by
prior negotiation and agreement to indemnify the Company against
expense incurred.
5. INSPECTION, SHORTAGES, DEFECTS. The goods or services
supplied must be inspected on receipt and written notice of any
defects or discrepancies given within 7 days. Risk or damage to
or loss of Goods will pass to the Customer when signed for on
receipt from the appointed Courier. Software supplied must be
checked for computer viruses before use.
6.
LIABILITY. The Company shall not be liable for any damage,
loss or expense resulting from the failure to give advice or information
or the giving of incorrect advice or information whether or not
due to the negligence of the Company, its employees agents or
subcontractors. These Conditions of Sale set out the entire liability
of the Company to the Customer in respect of the Goods and shall
be in lieu and to the exclusion of all other warranties, conditions,
and other terms implied by statute or common law save for any
implied terms which by law cannot be excluded. Nothing in these
Conditions of Sale excludes or limits the liability of the Company
for death or personal injury caused by the Company's negligence
or fraudulent misrepresentation. The Company's total liability
in contract, tort (including negligence or breach of statutory
duty), misrepresentation or otherwise shall be limited to repairing,
replacing or at the Company's option refunding monies already
paid in respect of the Goods. The Company shall not be liable
to the Customer for any indirect or consequential loss or damage
(whether for loss of profit, loss of business, depletion of goodwill
or otherwise) costs, expenses or other claims for consequential
compensation whatsoever (whether caused by the negligence of the
Company, its employees, agents or subcontractors) which arise
out of or in connection with any Contract.
7. GUARANTEE. The Company will transfer to the Customer
the benefit of any warranty or guarantee given by the Manufacturer
8. COURIER DELIVERY. Provided the Customer can prove late
or non-delivery beyond the control of the Company then the Customers
account will be credited with the delivery cost.
9. LEGAL CONSTRUCTION. All contracts shall be governed by
and interpreted in accordance with English Law.
10.
FORCE MAJEURE. If the Company is prevented from adhering
to the contract due to reasons beyond control of the Company then
the Company may delay or cancel the contract and shall not be
responsible for the delay or inability to deliver. Every effort
will be made to complete the contract but the Company shall not
be held responsible for delay or inability to deliver.