General Conditions of Sale
B. HEPWORTH & CO. LTD
All quotations are made and all orders accepted subject to the following conditions of Sale only not withstanding anything which may be stated or implied to the contrary in the customers order or correspondence.
Unless previously withdrawn all quotations are open for acceptance within thirty days from the date thereof and are subject to confirmation at the time of acceptance.
The company reserves the right to modify the design and/or specifications for and the materials used, in its products. Such modifications and/or changes will be introduced only after due consideration where this may affect the function, installation or interchangeability of the product converted.
The company will use its best endeavours to despatch on the date given, but will accept no liability for failure to do so. You (the customer) will take title, risk and liability for the payment of the goods as soon as they have left our premises. You will be responsible for paying for the transport costs unless specifically included in the contract price.
4. Delivery Contract
For each and any delivery that B. Hepworth & Co. Ltd (or any of its subsidiary companies) makes will form a contract in its own right.
5. Damage/Non/Short Delivery
In the case of damage/non delivery or short delivery, notice in writing must be given to the company within the following time limits:-
a) Damage or partial loss:- within three days of the delivery of the consignment and the claim to be made in writing within seven days.
b) Non/Short Delivery:-
1) Despatched by road - within fourteen days of despatch
2) Despatched by rail - within fourteen days of despatch
All prices included in the company’s quotations may be subject to revision dependent upon the effect at the time of despatch of the goods covered by the purchase order, of any fluctuations in the cost of labour and/or materials. The invoiced prices will be that rating at the date of despatch ex works.
7. Terms of Payment
Payment is to be made on or before the twentieth day of the month following the date of invoicing, subject to satisfactory references in the case of the first user. In the case of export orders or contracts, such terms and conditions of payment as shall be determined when the receipt of such order or contract will apply.
B. Hepworth & Co. Ltd. are prepared to make free of charge by replacement or repair, at our works, any defective part which we consider is not caused by fair wear and tear, negligence or accident, providing the defective part is delivered, carriage paid to B. Hepworth & Co. Ltd., and subject to the following conditions:-
Conditions:- This warranty shall not apply to any failures which in our opinion are the result of external pressure, misuse, negligence, accident, improper adjustment, mal-adjustment, repair or from vehicle washer systems or where non genuine parts or materials have been used as replacements or the repair of the product. This warranty is limited to replacements only and does not extend to any other expenditure incurred or to any consequential damages. This warranty does not apply to the U.S.A. or Canada.
Warranty Periods:- Windscreen Wipers. All Windscreen Wipers used as original equipment by manufacturers carry a Warranty Period of twelve months or a Warranty Period identical to that covering the vehicle or unit to which they are fitted, whichever is the least.
Wiper Arms. All Arms used as original equipment by manufacturers carry a Warranty Period of twelve months or a Warranty Period identical to that covering the vehicle or unit to which they are fitted, whichever is the least.
9. Carriage and Packing
Carriage and Packing will be charged as an extra on our invoice.
10. Storage. If delivery instructions are not received by the time the goods are ready for despatch, the goods will be invoiced, and held in store at the customers risk for a period of one month, after which they will be subject to storage charges, terms for which will be agreed in each case.
As most of our orders are made to customers requirements no orders accepted can be cancelled without our consent.
12. Retention of Title
Until the price of the goods comprised in this and every other contract between us and the purchaser has been paid in full:-
(i) Title to and property in the goods shall remain vested in us notwithstanding the delivery of the same and the passing of the risk therein to the Purchaser.
(ii) We may require the Purchaser to return the goods and may recover and resell the same if they are in the Purchaser’s possession or under its control at any time when any sum owed by the Purchaser to us under this and any other contract is not paid on the due date. In exercising our rights under this sub-clause, it is agreed that we shall be entitled to unrestricted entry onto the Purchaser’s premises and any other location where the goods are situated.
(iii) The Purchaser shall be in possession of the goods as Bailee but is authorised to sell the goods in the ordinary course of its business as our agents and for our account and to pass good title in the goods to its customers, unless return of the goods is requested under clause (ii) hereof. Nothing in this clause shall entitle the Purchaser to return the goods unless specifically requested to do so under sub-clause (ii) above and no failure on our part to enforce strict compliance by the Purchaser with this clause shall constitute a waiver of its provisions
13. Legal construction
The contract shall in all respects be interpreted in accordance with the Law of England.