- All orders are accepted and are executed on the understanding that the purchaser is bound by the following General Conditions of Sale.
- Where there is any inconsistency between these conditions and any conditions which the Purchaser seeks to impose these General Conditions shall prevail.
- No waiver, alteration or modification of any of the provisions of the contract shall be binding on EEW unless in writing signed by one of its directors or an authorised official.
2. QUOTATIONS & PRICES
- Quotations are valid for a period of 30 days from the date of quotation unless specifically stated otherwise in writing.
- The published prices of and discounts applicable to EEW products are those ruling on the date of publication.
- Unless specifically stated to the contrary all quoted prices are exclusive of delivery and Value Added Tax which will be charged at the rate applicable at the date of delivery.
- Unless otherwise agreed in writing, payment in full must be taken before the despatch of goods.
- Payment method from previous transactions will be assumed as preferred payment option that is to be taken unless otherwise stated.
- EEW shall have the right to discontinue delivery also, at its discretion, to determine the contract in respect of any undelivered goods if the Purchaser defaults in payments but in either event the Purchaser shall remain liable to pay for such goods as have already been delivered.
- EEW reserves the right to withhold the supply of goods which have been accepted on order in those instances where there is no reason to believe that payment for the goods would not be forthcoming within these terms of trading if goods were supplied.
- EEW reserves the right to charge interest on overdue accounts. If EEW need to instruct its solicitors to recover such overdue amounts the Purchaser will be charged and pay all legal fees and disbursements incurred by EEW.
- Where a credit account is desired a bank reference is required.
4. RISK & TITLE
- Whilst risk in the goods supplied to the Purchaser under the contract shall pass on delivery, legal and beneficial ownership of the goods shall remain with the Company until such time as EEW has received payment in full for goods supplied to the Purchaser or until such time as the goods are sold to the Purchasers customer by way of bona fide sale at full market value (which shall be the earlier) and until such time the Purchaser shall keep such goods separate from it properly and clearly identified as the property of EEW.
- If payment for any goods is overdue whether in whole or part and any goods have been delivered to the Purchaser then EEW may without prejudice to any of its other rights enter the Purchaser's premises to recover and or resell the goods to recover the amount of payment overdue.
- All dates for delivery of goods are given in good faith but are approximate only and shall not be of the essence of the contract and shall he calculated from the date of acceptance by EEW of the order of the Purchaser.
- Where goods are to be delivered in instalments, each delivery shall constitute a separate contract
6. PACKING & CARRIAGE
- A signature by an employee of the consignee on a carrier’s delivery sheet or delivery note shall constitute proof of delivery
- If by reason of instruction from the Purchaser dispatch in accordance with the contract is delayed or more than I4 days after the Purchaser has been notified that the goods are ready for dispatch, the Purchaser shall be liable to take delivery or arrange for storage and for the purposes of Clause 3 (Payment) the goods shall there upon be deemed to have been delivered, if, and so long as its storage facilities permit (but without obligation) EEW may store the goods and the Purchaser shall be liable to pay a reasonable charge therefore.
7. SHORTFALL OR DAMAGE IN TRANSIT
- No claim in respect of damage in transit will be accepted unless EEW and its carriers are advised in writing within 48 hours of receipt of goods. Irrespective of the condition of packing, goods and packing should be held for inspection by EEW and its carriers. After inspection EEW will arrange for the goods to be collected.
- No claim in respect of loss in transit or short delivery will be accepted unless EEW and its carriers are advised in writing of such loss or short delivery at the time of delivery. The shortfall must be specified in writing on the delivery note. Marking the words "not examined" or "not counted" or any similar statement on the delivery note will not entitle the Purchaser to claim loss in transit or short delivery at any time after delivery. If the Purchaser does not note any shortfall on the delivery note EEW will not be deemed to have delivered the correct quantity of goods to the Purchaser in accordance with the order.
- Any claim for damage, loss in transit or short delivery must be accompanied by the following details: delivery invoice number - condition of packages -date carrier advised - date consignment received - extent of damage or shortfall - copy of delivery note
- In the event of non-delivery carriers and EEW must be advised within five days of the applicable invoice date.
- EEW will not in any event be responsible for goods lost or damaged in transit or for short delivery unless the above conditions are strictly observed.
8. RETURN OF GOODS
- In no circumstances may goods supplied against a firm order be returned without the Purchaser having first applied for and obtained the written consent of EEW
- A handling charge amounting to not more than 50 percent of the invoice value of the returned goods may be deducted from any credit allowed unless the goods are returned pursuant to the provisions of Clauses 6 or 8 hereof or because of any error on the part of EEW.
- EEW will not allow credit in. respect of returned goods not in a fully resalable condition.
- EEW shall not be liable to the Purchaser or to any third party for any direct, indirect, consequential or economic loss or damage of any kind whatsoever or howsoever. Accordingly it shall be for the Purchaser to insure against liability arising from the use of the goods
9. DESCRIPTIVE MATTER & ILLUSTRATIONS
- All descriptive specifications, drawings and dimensions issued by EEW are approximate only and shall not form part of any contract.
- EEW reserves the right to change specifications without prior notification or public announcement provided that nothing in this Clause shall oblige the Purchaser to accept goods, which do not reasonably comply with the contract.