Terms & Conditions for the use of the Wadsworth Electronics Website
In these Terms and Conditions "we, our, us, Wadsworth" refers to Wadsworth Electronics Limited
ACCEPTANCE OF TERMS
By accessing the content of www.wadsworth.co.uk you agree to be bound by the terms and conditions set out herein and you accept our privacy policy. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.
You agree that you shall not use the Website for illegal purposes, and will respect
all applicable laws and regulations. You agree not to use the website in a way that may
impair the performance, corrupt the content or otherwise reduce the overall functionality
of the Website. You also agree not to compromise the security of the Website or attempt to
gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs
including legal fees incurred by us arising from any infringement of the terms and
conditions set out in this agreement.
MODIFICATION
Wadsworth Electronics Limited reserve the right to change any part of this agreement
without notice and your use of the Website will be deemed as acceptance of this agreement.
We advise users to regularly check the Terms and Conditions of this agreement.
Wadsworth Electronics Limited have complete discretion to modify or remove any
part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
Wadsworth Electronics Limited will under no circumstance be liable for indirect,
special, or consequential damages including any loss of business, revenue, profits,
or data in relation to your use of the Website.
Nothing within this Agreement will operate to exclude any liability for death
or personal injury arising as result of the negligence of Wadsworth Electronics
Limited, it's employees or agents.
COPYRIGHT
All intellectual property of Wadsworth Electronics Limited such as trademarks,
trade names, patents, registered designs and any other automatic intellectual property
rights derived from the aesthetics or functionality of the Website remain the property
of Wadsworth Electronics Limited.
By using the Website you agree to respect the intellectual property rights of
Wadsworth Electronics Limited and will refrain from copying, downloading, transmitting,
reproducing, printing, or exploiting for commercial purpose any material contained within
the Website.
DISCLAIMERS
The information is provided on the understanding that the website is not engaged
in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the Website is provided on an "as is" basis with no
warranties expressed or otherwise implied relating to the accuracy, fitness for purpose,
compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the www.wadsworth.co.uk Website and
cannot provide any representation that using the Website will be error free.
THIRD PARTIES
The Website may contain hyperlinks to websites operated by other parties. We do not
control such websites and we take no responsibility for, and will not incur any liability
in respect of, their content. Our inclusion of hyperlinks to such websites does not imply
any endorsement of views, statements or information contained in such websites.
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and any user of the Website
hereby agrees to be bound exclusively by the jurisdiction of English courts without
reference to rules governing choice of laws.
Terms & Conditions
CONDITIONS OF SALE
APPLICATION OF CONDITIONS
Not withstanding anything which may be
contained in any purchase order or other
document of the Buyer, Goods are
supplied subject to these conditions
alone. No variations of them will apply
unless expressly agreed by both parties in
writing and signed on their behalf.
DEFINITIONS
In these conditions "Buyer" means the
person whose order is accepted by the
Seller;"Consumer" means a private
person buying Goods for private use;
"Contract" means the contract for the
sale and purchase of the Goods
incorporating these conditions; "Goods"
means the goods ordered by the Buyer
and accepted by the Seller; and "Seller"
means Wadsworth Electronics Limited.
LOSS OR DAMAGE IN TRANSIT
The Seller will replace Goods that
fail to arrive or which arrive in a damaged
condition. However, in order to comply
with the terms of the Seller's own
insurance policy, notification of loss or
damage to the Goods in transit must be
made to the Seller in writing, within 5
days of the date of despatch, failing
which no claim in respect of such loss or
damage will be entertained by the Seller.
DELIVERY
Unless specifically agreed in writing
by the Seller, the date of any delivery
notified by the Seller to the Buyer is an
estimate only and the Seller shall not be
liable for the consequences of any delay
in fulfilling the Buyer's order. Goods are
delivered by carriers over whom the Seller
has no control and therefore the Seller
shall not be liable for the consequences
of any delay in transit. The Seller may
deliver the Goods in full or part
instalments, each separate instalment
shall be invoiced and paid for in
accordance with the provisions of the
Contract. Each instalment shall be a
separate Contract and no cancellation or
termination of any one Contract relating
to an instalment shall entitle the Buyer to
repudiate or cancel the Contract.
DISCREPANCY
The Buyer will inspect the Goods upon
arrival and if they do not correspond in
nature to the Goods ordered, will give the
Seller, within 5 days of the date of
despatch, written notification of any
discrepancy and/or damage, failing which
the Buyer shall be deemed to have
accepted the Goods.
DEFECTIVE GOODS AND
CONSEQUENTIAL LOSS
The Seller is not the manufacturer of the
Goods and will endeavour to transfer to
the Buyer the benefit of any warranty or
guarantee given to the Seller. (Save
where the Buyer is a Consumer) it is for
the Buyer to satisfy himself that the
Goods are fit and suitable for the purpose
for which they are required. Defects in
the Goods delivered shall not be grounds
for cancellation by the Buyer of the
remainder of any order or contract. It is
expressly agreed and understood by the
Buyer that the Seller's liability in respect
of defective or otherwise unsatisfactory
Goods, shall under no circumstances
whatsoever extend beyond the price paid
for such Goods.In particular, the Seller
shall not be liable for any damage to
property, nor any consequential loss of
whatsoever nature, howsoever caused,
arising out of any defect in the Goods, or
from their failure to correspond to any
description or representation, or from
their unsuitability for any purpose. If the
Buyer alleges that the Goods supplied are
defective, the Buyer will return them,
carriage paid, to the Seller's premises. If,
after examination by the Seller, it is
established that the Goods are defective
then the Seller will refund to the Buyer
the cost of the carriage, repair or replace
the Goods, or at the Seller's absolute
discretion refund their purchase price.
RETURN OF GOODS
Goods may not be returned to the Seller
without the Seller's prior consent.
Request for return of unwanted goods
must be within 5 days of despatch. A
returns Authorisation Request form must
be completed and returned within 14
days of the initial request by the Buyer to
return goods. No credit will be allowed
unless supported by the Seller's returned
materials authorisation number. The
Seller reserves the right to make a
handling charge of 50.00 or 20% of the
original invoice value of the Goods which
ever shall be the greater. If on return, the
Goods are found to be working correctly
or have been damaged through incorrect
installation or misuse, a handling charge
(as stated above) will be made. The Seller
reserves the right to charge for any costs
incurred to repair and/or restore such
Goods to a satisfactory quality or where
this is not possible to charge in full for
such Goods. All Goods returned must
be unused, complete, in original
undamaged packaging and be sent
carriage and insurance paid.
SPECIFIC GOODS
Goods that have been specifically ordered
for the Buyer or cable that has been cut
to length as requested by the Buyer may
not be returned for credit unless agreed
in writing between the parties. Specific
goods will be shipped and invoiced when
received by the Seller for the Buyer, if
requested the Seller will store goods for a
maximum of 4 weeks, after which time
goods will be shipped and invoiced.
PRICE
The Seller reserves the right to vary any
price advertised in the Seller's catalogues
or elsewhere as occasion demands and
which may be due to any factor beyond
the control of the Seller. The Goods are
supplied at the price prevailing as at the
date of acceptance by the Seller of any
order placed by the Buyer. Prices are only
valid for orders delivered within
2 months of the order being confirmed
by the seller, the Seller retains the right to
amend prices on any orders delivered
after 2 months of confirmation. All prices
are exclusive of V.A.T., except where
expressly stated otherwise.
PAYMENT
Payment for the Goods is due
without any deduction either with the
order if the Buyer does not have a credit
account, or within agreed terms if the
Buyer does have a credit account.
(Save where the Buyer is a Consumer) if
payment of the invoice or any part of it is
not made by the due date the Seller shall
be entitled to terminate the Contract and
charge interest on overdue accounts at
the statutory rate prescribed by the Late
Payment of Commercial Debts (Interest)
Act 1998 (as amended from time to time)
and any further deliveries may be
suspended until the account is paid in full
together with any accrued interest. In
the event of non-payment of any
outstanding debt the Seller reserves the
right to claim for the whole of the
balance owing. We reserve the right to
charge a fee for payments by credit card.
SPECIFICATION
Goods described in the Seller's catalogues
or elsewhere are subject to a continuing
process of technical change and
development and the Seller therefore
reserves the right to alter specifications
without notice at any time before delivery
but without materially affecting the
quality or performance of the Goods. All
descriptions, illustrations, specifications
and dimensions are approximate and are
only intended to present a general
guideline as to the Goods there in. It is
therefore agreed by the Buyer that the
Goods supplied may not comply in all
respects with the description in the
Seller's catalogue or elsewhere. If a
sample of the Goods has been exhibited
to and inspected by the Buyer the
Contract shall not constitute a sale by
sample. Items described in this catalogue
may not necessarily be manufactured by
a registered ISO 9000 supplier.
RESERVATION OF TITLE
Although Goods supplied by the Seller to
the Buyer shall be at the Buyer's risk
immediately on delivery to the Buyer (and
the Buyer should be insured accordingly),
the legal ownership in the Goods shall
not pass from the Seller to the Buyer until
they have been paid for in full. Until title
in the Goods passes from the Seller to the
Buyer as aforesaid the Buyer shall hold
the Goods as bailee of the Seller. Where
Goods are supplied under a Contract
with delivery in installments over an
extended period, then the order is to be
regarded as a whole so that title in the
Goods does not pass until all the Goods
have been paid for in full.
TRADE MARKS
The Buyer shall not remove, alter, deface
or tamper with any of the marks, names
or numbers affixed to or marked on the
Goods, or allow anyone else to do so. All
trade marks are acknowledged.
TERMINATION
Either party may terminate the Contract if
the other (i) commits a material or
persistent breach of the Contract and
fails to remedy this within 30 days of
written notice from the other; or (ii)
becomes insolvent or is unable to pay
debts as they fall due.
CONSUMER RIGHTS
If the Buyer is a Consumer the Buyer may
cancel the Contract at any time within 7
working days of the day after receipt of
the Goods and receive a refund of the
price paid provided that the Buyer
notifies the Seller in writing and returns
the Goods immediately, in the same
condition as the Buyer received them,
and at the Buyer's own cost and risk. Any
statutory Consumer rights are unaffected
by the provisions of the Contract.
DATA PROTECTION
All data will be processed in
accordance with the individual rights
pursuant to the Data Protection Act1998.
A copy of our privacy policy is available
on request and can be found above.
FORCE MAJEURE
If delivery is delayed by any cause beyond
the reasonable control of the Seller, a
reasonable extension of time for delivery
shall be granted and the Buyer shall pay
such reasonable extra charges as shall
have been occasioned by the delay. If
such delay lasts more than twelve weeks
either party shall be entitled to terminate
the Contract by written notice to the
other without compensation or liability to
the other (save where the Goods have
been made to order).
GENERAL
A notice required or permitted to be
given by either the Buyer or the Seller to
the other under these conditions shall be
in writing addressed to that other party at
its registered office or principal place of
business or such other address as notified
to the other party from time to time. No
waiver by the Seller of any breach of the
Contract by the Buyer shall be considered
as a waiver of any subsequent breach of
the same or any other provision. If any
provision of this contract is held by a
court to be invalid or unenforceable the
other provisions of this contract and the
remainder of the provision in question
shall not be affected. The Buyer
acknowledges that any term of the
contract shall not be enforceable by
virtue of the Contracts (Rights of Third
Parties) Act 1999. However, the Seller
may assign its rights and obligations
under the Contract to a third party.
APPLICABLE LAW
The formation, existence, construction,
performance, validity and all aspects of
the Contract shall be governed by English
law and the parties submit to the
exclusive jurisdiction of the English
courts.
