Terms & Conditions

Terms & Conditions

 

WEBER UK LIMITED

TERMS & CONDITIONS OF BUSINESS

 

 

1. Parties

The following terms and conditions govern the term upon which Weber UK Limited ("The Company") sells hydraulic and ancillary products ("The Goods") to you "(The Customer").

 

2. Supersedes previous Terms

These terms and conditions supersede any previous terms of business agreed between the Company and the Customer and no variation of these terms shall be effective unless made in writing and signed by an authorised representative of the Customer and a Director of the Company.

 

3. Price

The relevant price of the Goods is the price set out in the Company's price list, current at the time the Customer's purchase order is received by the Company.  All prices are exclusive of Value Added Tax.  No variation to the price (whether in the form of a discount or otherwise) shall be effective unless agreed in writing by the Company.

 

4. Payment

All invoices of the Company must be settled in full by the customer within 30 days from end of month invoice is dated. No variation to the time for payment shall be effective unless previously agreed in writing by the Company.

 

5. Delivery / Carriage

 (a) Time shall not be of the essence as regards delivery dates.  The Company will despatch goods on a standard 3 day delivery service on receipt of Customers purchase order, providing the Goods are available ex-stock.  Upon despatch of the Goods, the Customer will be sent an advice note and an invoice; the advice note will state the date of despatch.  The Company will have no liability for non-delivery, loss or damage in transit unless the Customer informs the Company in writing within 14 days of receipt of the advice note.

 

 (b) Unless otherwise stated on Company's current trade price list or by specific agreement made in writing beforehand carriage costs will be applicable to all orders calculated on size and Weight.

 

©   No credit will be given by the Company to the Customer in respect of delivery costs which would otherwise be paid by the Company in the event that the Customer elects to collect the Goods.

 

6. Passing of Title and Risk

Title in the Goods the subject matter of this contract shall remain in the Company not pass to the Customer until payment has been received by the Company of all outstanding sums due from the Customer.

 

The Company shall be entitled at any time on reasonable notice to enter any premises of the Customer or premises where the Goods are stored to inspect the same.

 

If payment of any sums remain due and outstanding from the Customer the Company shall be at liberty (a) to enter upon the Customer's premises where the Goods are stored and repossess them and (b) to re sell the Goods.  Notwithstanding the exercise to the Company's right to repossess and re-sell the Goods the Customer shall remain liable for the purchase price of the Goods (subject to the Company giving credit for any net proceeds of re-sale after expenses of repossession and sale of the Goods).

 

Until payment by the Customer all sums due to the Company, the Customer shall be bailee of the Goods.  The Customer shall in the ordinary course of business and notwithstanding the fact that title may not have passed to it, be entitled to enter into a agreement for sale of the Goods to a third party.  The Company expressly reserves the right to give notice to the third party of its ownership of the Goods.  In granting licence to the Customer, the Company does not waive its title in the Goods.  Risk in the Goods passes to the Customer on delivery.

 

7 Insurance

The insurable risk in the Goods shall pass to the Customer as soon as the goods are delivered to it, or to its order and, pending disposal, the Customer shall keep the Goods insured in the amount of the invoice price against all insurable risks.  If the Goods are destroyed by an insured risk prior to the same being paid for by the Customer, the Customer shall receive the proceeds of any such insurance as trustee for the Company.

 

8 Exclusion/Limitation

(a)     Standard warranty:  All Goods delivered to the Customer which are defective (other than fair wear and tear or by reason of abuse by Customer) shall be repaired or replaced (at the Company's option) if returned to the Company with copy of purchase receipt within 12 months of the date of purchase.

(b)     Extended warranty: The Company offer 1 year additional warranty FOC on all hydraulic products. The prerequisite for this warranty extension is that the equipment is registered either via the Company's website or return of registration form with within 4 weeks of purchase. The warranty period begins from the date of purchase.

©    The Company shall not be liable for any damage caused by the breach of any provision of this Contract or by any defective product or by the negligence of itself, its employees or agents   (excluding liability for death or personal injury) in excess of £1,000,000.

 (d)    Goods may be returned, provided they are in unused condition by prior arrangement with the Company.  Normally a 10% handling charge will be made on all returns. Goods Manufactured to the Customers specification cannot be returned.

 

9. Intellectual Property

 (a)     The Customer acknowledges that it has no intellectual property rights in the Goods, including any intellectual property rights in Goods which have been varied at the specific instruction to the Customer.

 

  (b)     The Customer shall indemnify the Company against all costs, claims and liability in respect of the infringement of any intellectual property rights resulting from the carrying out of work to the Goods in accordance with the Customers specific instructions.

 

10 Termination

Without prejudice to any other rights or actions the Customer or Company may have against the other of them, this Contract shall automatically terminate on the happening of any of the following events:-

 

 (a)    Either party enters into liquidation (save for the purposes of amalgamation or reconstruction), receivership, or has an administrative order made against it or makes any other arrangement with its creditors;

 

 (b)    Either party is prevented from carrying out any provision of the Contract for any reason beyond its control, including (but without limitation) act of God, legislation, fire, drought, strike or (in the case of the Company) any inability of procure Goods required for the performance of this Contract.

 

11. Jurisdiction

 

 This Contract shall be governed and constructed in accordance with English Law and the Company and the Customer hereby submit to the jurisdiction of the English Courts.

 

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