Terms and Conditions
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1. THESE conditions are incorporated in any contract, whether written or oral between Windward Printing Machinery Ltd and the Buyer. Any variation of these conditions must be writing and signed by the Proprietor of Windward Printing Machinery Ltd.
2. IF information comes to Windward Printing Machinery Ltd's notice that indicates, in the reasonable opinion of the Proprietor of Windward Printing Machinery Ltd, that the buyer is unlikely to be able to discharge his financial obligation under the Contract, then Windward Printing Machinery Ltd reserves the right to rescind the Contract and shall not be liable to make any payment to him by way of compensation or damage.
3. ALL estimates and quotations are nett. Value Added Tax, where applicable, will be added at the prevailing rate.
4. UNLESS otherwise stated, our quotation is for goods loaded onto transport wherever lying. Where installation is stated to be included, this is on the basis that the goods are to be delivered in bulk to a ground floor site. Should the Buyer's proposed site necessitate further dismantling, cranage or building work then these additional costs will be met by the Buyer.
5. Windward Printing Machinery Ltd will use reasonable endeavours to deliver the goods by the agreed date, but time of delivery shall not be the essence of the Contract nor shall Windward Printing Machinery Ltd be liable for damages for late delivery whether direct or consequential for loss of profit or howsoever otherwise.
6. i) THE ownership of the goods to be delivered by Windward Printing Machinery Ltd will only be transferred to the Buyer when the Buyer has paid the full price for the goods, the subject of this Contract and until such payments are made the goods are held by the Buyer as bailee for Windward Printing Machinery Ltd.
ii) UNTIL payment of the whole of the price has been received by Windward Printing Machinery Ltd from the Buyer, Windward Printing Machinery Ltd shall have the right to require the immediate return of the goods and a licence to enter the Buyer's premises or any other premises where the goods are being kept and remove the goods.
7. NOTWITHSTANDING that the ownership in the goods shall remain vested in Windward Printing Machinery Ltd the goods shall be at risk of the Buyer from the time of delivery and the Buyer shall be responsible for insuring the same against all usual risks in the full value thereof.
8. i) GOODS supplied within the UK are not guaranteed for any period against breakages due to the defective material or workmanship in refurbishing, unless otherwise stated.
WHERE a gaurantee is given, any claim under the gaurantee must be made within ten working days of breakage or damage and during the period gaurantee. Subject as expressly provided in these conditions, all warranties conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
ii) ALL gaurantees are confined to replacement or repair at Windward Printing Machinery Ltd's opinion of the defective part and the repair of any damage to the goods arising from the failure of the said part and any payment by way of damage, whether for immediate or consequential loss is expressly excluded, except where death or personal injury is caused by the negligence of Windward Printing Machinery Ltd or any of it's employees.
iii) The gaurantee given will not be binding on Windward Printing Machinery Ltd (a) where defects have risen through wear and tear, improper usage, and accidents (b) if the equipment is not stopped immediately the defect becomes apparent or any attempt is made restart the equipment before the repair has carried out (c) if the Buyer does not inform Windward Printing Machinery Ltd in writing of the damage or breakage promptly or in any event within ten working days (d) if the Buyer allows any other contractor or electrician to work or move the goods ( save as necessary to prevent injury or death ) without Windward Printing Machinery Ltd's express permission in writing.
iv) ANY gaurantee given is persona to the Buyer and shall not be transferable to any other person.
v) ALL goods are supplied "as-is" without guarantee unless specified otherwise in the quotation.
9. Windward Printing Machinery Ltd shall not under any circumstances be liable to the Buyer for and the Buyer will indemnify and hold Windward Printing Machinery Ltd harmless against any claim of whatever kind and howsoever and from whomsoever arising from the spoilage of materials, failure of performance of goods, loss of production, wastage of labour, loss of profit or damage to property.
10. i) IF any payment due from the Buyer under the Contract is in arrear, Windward Printing Machinery Ltd shall have the absolute right to suspend deliveries and service. If such payment remains in arrears for seven days after written demand from Windward Printing Machinery Ltd to the Buyer then Windward Printing Machinery Ltd have the right to cancel the Contract without prejudice to all Windward Printing Machinery Ltd's rights to recover any monies then due and owing to Windward Printing Machinery Ltd from the Buyer.
ii) PAYMENTS shall be considered in arrears if not made within the terms stated in our quotation or invoice.
iii) ANY claims of whatsoever nature by the Buyer against Windward Printing Machinery Ltd in respect of the goods shall not entitle the Buyer to withhold payment for any part of the goods or other goods purchased by the Buyer from Windward Printing Machinery Ltd nor shall the Buyer be entitled to set off any such claim against any claim by Windward Printing Machinery Ltd or the price nor shall they be entitled to claim a stay of execution in any judgement for the price in reliance upon such a claim.
11. STATEMENTS or representation of whatever kind and however made including but not confined to those as to weights, measurements, power consumption, performance, descriptions, details of design, prices and charges and whether contained in drawings, floor plans, catalogues, advertisements, brochures, photographs, descriptive materials, verbal representatives or otherwise are approximate only and shall not be binding upon Windward Printing Machinery Ltd or in any way form part of the Contract unless expressly stated to do so by Windward Printing Machinery Ltd.
12. During the commissioning period the goods are to be considered as under the charge of the Buyer, who shall supply all necessary materials ( such as paper, ink, film or the like ) and power at his costs for the purpose of the commissioning.
13. THE Buyer will be responsible for the cost of taking electrical and pipe work supply to the site of the machine or machines providing any necessary structure for the housing of compressors and for the cost of such work as may be necessary to provide foundation which comprises with Windward Printing Machinery Ltd's specifications for the machine to be installed.
14. THIS Contract shall be constructed according to the laws of England and the Buyer hereby agrees to submit to these and exclusive jurisdiction of the Courts of England.