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TERMS OF PRODUCT SUPPLY |
| 1 |
OUR CONTRACT
These Terms and Conditions
govern the supply of goods sold by Winshark Limited (No. 4371528)
registered at Suite 20, Hi Lite Buildings, Newgate Lane, Fareham,
Hampshire. PO14 1EU ("we" and "us") to the customer named on the order
form provided on the Winshark website or in a Winshark brochure ("you").
Together with the completed order form, these Terms and Conditions
constitute the entire and only agreement between us in relation thereto.
Our acceptance of your order by delivery of the goods constitutes a
legally binding contract between us on these terms and
conditions.
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| 2 |
PRICE AND PAYMENT |
| 2.1 |
The price payable for the goods you order is as set out
on our web site at the time you place your order or, if you order from one
of our catalogues, as set out in the catalogue from which you order
provided it is a current brochure, plus any charges for carriage and
insurance as set out in the order form. |
| 2.2 |
Subject to clause 2.3, we must receive payment for the
whole of the price of the goods you order, and any applicable charges for
carriage and insurance, before your order can be accepted unless we have
agreed otherwise in advance in writing. |
| 2.3 |
If you are an account customer, payment shall be made in full
within 30 days of the date of invoice. Time shall be of the essence for
payment. We may revoke credit if you fail to make payment when due. If payment
is not made when due, interest is payable at the rate of 7 per cent
over The Bank of England Base Rate on the amount outstanding from the
due date for payment until receipt by us of the full amount (including any
accrued interest) whether before or after judgement, together with any
reasonable legal or other recovery costs. |
| 3 |
DELIVERY AND TITLE
Unless you tell us you wish to
collect the goods, we will deliver them in accordance with your order. A
valid signature will be required on collection or delivery. Immediately
prior to despatch of the goods to you, title in the goods will pass to
you. In the unlikely event that you have not received all the goods within
21 days of the date of delivery (or where you have requested a delayed
despatch within 21 days of the requested despatch date), you must notify
us immediately.
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| 5 |
LIABILITY
If you have notified us of a problem with the
goods, we will (at your option) either make good any shortage or
non-delivery; replace or repair any goods that are damaged or defective
upon delivery; or refund to you the amount paid by you for the goods in
question. We will not be liable to you for any loss of profits,
administrative inconvenience, disappointment, indirect or consequential
loss or damage arising out of any problem in relation to the goods and we
shall have no liability to pay any money to you by way of compensation
other than any refund we make under these conditions. This does not affect
your statutory rights as a consumer, nor is it intended to exclude our
liability to you for fraudulent misrepresentation or for death or personal
injury resulting from our negligence. |
| 6 |
TERMINATION
We may suspend further supply
or delivery, stop any goods in transit or terminate our contract by notice
in writing to you if you are in breach of an obligation hereunder or you
become unable to pay your debts when they fall due or proceedings are
commenced by or against you alleging bankruptcy or insolvency. Upon
termination, your indebtedness to us becomes immediately due and payable
and we shall be under no further obligation to supply goods to
you.
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| 7 |
FORCE MAJEURE
We shall have no liability to
you for any failure or delay in supply or delivery or for any damage or
defect to goods supplied or delivered hereunder that is caused by any
event or circumstance beyond our reasonable control (including, without
limitation, strikes, lockouts and other industrial
disputes).
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| 8 |
GENERAL
If any part of these conditions is invalid, illegal or
unenforceable (including any provision in which we exclude our liability
to you) the validity, legality or enforceability of any other part of
these conditions will not be affected. This contract shall be governed by
and interpreted in accordance with English
law.
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| 9 |
VAT
All prices exclude VAT at 17.5%, unless stated. Prices are subject to
changes in
taxation.
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