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All goods are sold by wahaha.co.uk ("the Seller") to any purchaser ("the Buyer") upon the following terms which shall prevail over any terms contained in the Buyer’s order or in correspondence or elsewhere unless specifically agreed to in writing and signed by a Director of the Seller.
The prices payable for the goods shall be those in the Seller’s price list current at the time of order or as agreed with the seller. The Seller reserves the right to revise all prices and specifications.
a) Delivery dates mentioned in any acknowledgement of order or elsewhere are approximate only and are not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on particular date or dates. Unless otherwise expressly agreed the Seller may effect the delivery in one or more installments. Each installment shall be treated as a separate contract.
b) Delivery shall be at the Buyer’s premises unless otherwise agreed by the Seller. Goods dispatched by the Sellers’ normal next day carrier services are subject to a standard carriage charge, goods dispatched by special delivery of whatever kind at the Buyer’s request are subject to a carriage surcharge.
c) If the Buyer refuses or fails to take delivery of goods tendered the Seller shall be entitled to terminate the contract with immediate effect or to dispose of the goods as it may determine and the Seller reserves the right to recover from the Buyer a minimum handling fee of 15% of the total price of such goods which shall be paid by the Buyer within 15 days of the date of invoice.
Risk and Title
a) Risk in the goods shall pass to the Buyer on delivery. All goods supplied to the Buyer shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Seller shall have received full payment for them together with full payment of all amounts owed by the Buyer to the Seller in respect of any other contract for the sale of goods.
b) Until such payment the Buyer shall be in possession of the goods solely as bailee for the Seller and in a fiduciary capacity and shall store the goods separately and in such a way, as to enable them to be readily identifiable as the property of the Seller.
Variation and Returns
The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract (seconds stock only) and in such event the Buyer shall pay for the actual quantity delivered. Save as provided herein no return of goods will be accepted unless authorised by the Seller’s sales department prior to dispatch and the Seller reserves the right to charge the minimum handling fee specified in 4 (c) above except in the case of faulty goods.
a) The Seller shall not be liable to the Buyer:
i) For shortages in quantity delivered unless the Buyer notified the Seller of such claim within 2 days of receipt of the goods.
ii) For damage to or loss of the goods or any part thereof in transit unless the Buyer shall notify the Seller of any such claims within 2 days of receipt of the goods.
iii) For defects in the goods caused by fair wear and tear, abnormal condition of storage or use or any act, neglect or default of the Buyer or of a third party and
iv) For other defects in the goods unless notified to the Seller within 2 days of receipt of the goods by the Buyer provided that no liability shall be attributed to the Seller where goods have been embroidered/printed on or have changed their form in any way what so ever.
v) The Seller shall only embroider/print the Buyers own garments, if done so entirely at the Buyers own risk. Liability will not be accepted if the Buyer has approved the design embroidered/printed, if the Buyer decides the embroidery/print is not as expected or if garments are damaged whilst on the embroidery/print machine.
vi) Where liability is accepted by the Seller under 7 (a) the Seller’s only responsibility shall be at its option to make good any shortage or non-delivery and/or to replace any goods found to be damaged or defective and/or refund the cost of such goods.
vii) The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences.
b) Subject to the foregoing all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise however arising and whether or not caused by negligence of the Seller, its employees or agents.
The Seller shall not be liable to the Buyer for loss or damage suffered by the Buyer as a direct/indirect result of the supply of goods by the Seller being prevented, hindered, delayed or rendered uneconomical by reason of circumstances or event beyond the Seller’s reasonable control.
Insolvency and Default
If the Buyer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if an order is made or a resolution passed for the winding up of the Buyer or if a receiver is appointed over any of the Buyers assets or undertakings or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under condition 5 and/or by notice in writing to the Buyer determine the contract.
The contract shall be governed by and constructed in accordance with English Law; the parties submit to the jurisdiction of English Courts.