Terms & Conditions

CONDITIONS OF SALE

THESE GOODS BELONG TO WESTERN INTERNATIONAL UNLIMITED UNTIL FULL PAYMENT IS RECEIVED FROM THE CUSTOMER

IF PAYMENT IS DELAYED BEYOND AGREED TERMS NORMALLY 30 DAYS WESTERN INTERNATIONAL UNLIMITED RESERVE THE RIGHT TO CHARGE INTEREST ON OUTSTANDING BALANCE AT A RATE OF 3% ABOVE NATIONAL WESTMINSTER BANK BASE RATE.

  1. In these conditions the expression "the sellers" means -
    1. In the case where Western International Unlimited is selling the goods as manufacturer, that Company and
    2. In the case where Western International Unlimited is selling the goods as an agent for the manufacturer, both Western International Unlimited and the manufacturers of the goods sold.
  2. In the event of any conflict between these conditions and the conditions upon which a buyer seeks to buy goods from the sellers, these conditions shall prevail except to the extent that any departure therefrom has been agreed in writing by the sellers.
  3. The sellers shall in no event be liable for any inaccuracy or misdescription of the goods sold or for any loss or damage either direct or consequential flowing there from or from any other cause whatever including any defect whatsoever in goods notwithstanding any written or oral representations warranty or condition which the seller or their representative or agent may have made or given prior to or in the course of making, or purporting to be part of the agreement for sale from which are also excluded all implied warranties and conditions. The sellers shall in no event be liable for fundamental breach of the agreement for sale.
  4. If the sellers supply to the buyer goods or any part thereof especially made by, or procured from, the manufacturers by the sellers at the buyer's request then:
    1. The sellers do so as the manufacturers' agents
    2. The price is ex works based on the cost of materials, wages, transport charges and any other terms of the manufacturers prevailing at the date of the contract if such cost of materials, wages or transport charges increases or the manufacturers' said terms vary before completion of the contract there shall be a corresponding increase or variation in the price.
    3. The time for delivery shall be reckoned from the date of receipt by the sellers of complete instructions, approval of contracts. Where the item ordered is not exactly as shown in the sellers' literature the sellers have the option to request 30% deposit of the total price with the order.
    4. In all cases payment shall be completed when the buyer is notified by the sellers in writing (or by phone) that the goods are ready for despatch.
    5. The goods shall be at the buyers' risk from the time when the buyer has been notified that the goods are ready for despatch.
    6. Illustration and estimate drawings are not binding as to detail unless clearly so stated. They shall only be taken as conveying a general representation of the goods or any part thereof.
  5. Subject to the goods (other than those to which condition 4 hereof applies) being then unsold the agreement for sale shall be made upon the sellers' confirming the buyer's order either orally or by posting written confirmation to the buyer from which time the goods shall be at the buyer's risk, The sellers reserve the right to rescind the agreement either in whole or in part in the event of the goods or any part of thereof becoming not available for delivery (either by the sellers or any other person) to the buyer on account of the refusal or inability of any third party to fulfil punctually or at all his offer or obligations to the sellers or on account of any misdescription of the goods or any part thereof by any such third party to the sellers or to the buyer. On such rescission the sellers shall refund to the buyer so much (or if part only of the rescinded a proportionate part) of the price already paid the buyer to the sellers for or on account of the goods.
  6. PAYMENT: The buyer shall pay to the sellers the full price for all goods within 7 days of delivery, unless a discount is agreed with the seller for payment prior to despatch or collection of goods. For the purpose of this condition, time shall be of the essence of the contract.
  7. RESALE: If the buyer fails to take delivery within 15 days of the sellers posting to him notice that the goods are ready for despatch the sellers shall have the right
    1. to resell the goods
    2. to keep any deposit paid by the buyer and
    3. to claim from the buyer loss resulting from his failure to take delivery.
  8. STORAGE: If the buyer fails to take delivery within 15 days of the sellers' posting to hire notice that the goods are ready for despatch and the sellers do not exercise their right of resale under condition 7 hereof the buyer shall pay an additional charge for storage of the goods calculated at the rate of 50GBP per unit per week until the date of despatch part of a week being deemed to be a complete week.
  9. Unless otherwise stated the goods are sold ex works. The buyer is responsible for the transport of the goods and sellers accept no responsibility for the buyer failing to collect or transport the whole or any part of the goods sold if the sellers arrange for loading and/or transport the whole or any part of the goods sold. If the sellers arrange for loading and / or transport thereof they do so as the buyer's agents and shall not be liable for any damage or loss either direct or consequential flowing therefrom.
  10. Any time stated for delivery shall be approximate only and subject to any delay caused by matters outside the sellers' control.
  11. Any dispute under the agreement for sale shall be referred to an arbitrator to be appointed by the President for the time being of the Bristol Incorporated Law Society and his decision shall be binding on both parties and this shall be a submission to arbitration within the Arbitration Act 1950 or any statutory modification thereof for the time being in some force.
  12. These conditions and the agreement for sale shall be subject to and construed in accordance with English Law.