BUSH AND WILTON LIMITED TERMS AND CONDITIONS
THESE GOODS ARE TO REMAIN THE PROPERTY OF BUSH AND WILTON LIMITED UNTIL FULL PAYMENT HAS BEEN MADE.
- The following are the terms and conditions attaching us to the acceptance by us of any order except where modified by special agreement or otherwise in writing by us.
- All articles made by us are carefully tested before leaving our works and are sent out in good working order and condition. We therefore give to the purchasers (subject to the terms of payment being strictly observed) the following guarantee, which is to exclude and take the place of any condition or warranty implied by statute, or otherwise. Should any defect of material or workmanship arise within twelve months in any part of Bush and Wilton manufacture, we undertake to make good the defect at our own expense, or at our opinion, to substitute for the defective goods, others of the description ordered provided that written notice is given to us as soon as the defect is discovered, and that the article is forwarded, carriage paid, to our works, without being dismantled. Our responsibility is, in all cases limited to making good the defect. This guarantee does not apply to defects caused by accident, misuse, neglect, or wear and tear, nor can we in any case be held responsible for incidental and consequential expenses and loss, nor can we be held responsible in cases where alterations have been executed without our knowledge or consent. Equipment of ‘others’ manufacture we can only pass on the guarantees given to us, and is the limit of our responsibility.
- All drawings, descriptions and other particulars furnished by us are as accurate as possible, but we cannot be bound by any information unless specifically confirmed by us in writing.
- The purchaser should sign the carriers receipt note ‘Goods Received unexamined’. In cases where we pay carriage any damage should be reported to us forthwith, as unless a claim is made on the carriers within 3 days, no responsibility will be accepted and we therefore cannot make ourselves responsible. In any case our responsibility is limited to that which the carriers will accept.
- Delivery dates will be adhered to as closely as possible, but we accept no liability of any kind on account of delay in completion.
- Delivery is ex works unless otherwise stated in writing.
- Agreements are contingent upon strikes, accidents or causes beyond our control.
- Not withstanding any price quoted by us or stated on the order, the goods will be invoiced at the prices ruling at the time of dispatch.
- The cancellation of any order or part of an order will only be accepted on terms agreed by us in writing.
- TITLE OF THE GOODS
- The title in the goods shall remain vested in the Seller and shall not pass to the Buyer until the Seller has received payment of the purchase price in full.
- So long as the title in the goods remains vested in the Seller, Seller shall be at liberty at any time to retake possession thereof and for that purpose to enter upon any premises of the Buyer. If the goods are subject to a re-sale, the seller hereby provides specific authority to disclose and enter upon such third party premises to retake possession thereof.
- Not withstanding that title has not passed to the Buyer, the Buyer shall be at liberty to the goods, but any such resale shall be deemed to be for the account of the Seller and any proceeds thereof, whether received from the Sub-Buyer of from any Assignee of the debt due from the Sub-Buyer shall be held by the Buyer on behalf of the Seller until such time as the purchase price shall have been paid in full.
- If, prior to the passing of the title therein, the Buyer shall process the goods or mix them with other goods, ownership of the processed of mixed goods shall forthwith vest in the Seller and shall remain so vested until such time as the purchase price is paid in full.
- Not withstanding the foregoing, the goods are at the entire risk of the Buyer from the date of delivery.