(1) Delivery dates specified on the order acceptance are given by way of estimate only and in no circumstances shall the Company be liable for any consequential loss arising to the Buyer as a result of the Company’s failure to delivery on the stated date and the Buyer shall not be entitled to reject the Products nor withhold payment by reason of the Company’s failure to meet a delivery date.
(2) The Company reserves the right to delay or suspend deliveries if the Buyer fails to observe the
payment terms in the Conditions of sale if the Buyer fails to supply relevant technical commercial information and the documents to the Company in time to meet the delivery date or fails to obtain any required official or third party consents necessary for execution of delivery.
(3) Any liability of the Company and any agent of the Company shall be excluded in the event of force majeure (which expression shall without prejudice to the foregoing include strikes, lockouts, civil commotion and shortage of materials). If, as a result of force majeure or legislation, decrees of orders of any government or country, the Company shall be prevented from fulfilling its obligations then it may give notice thereof to the Buyer and its obligations under the contract shall be cancelled unless otherwise agreed by the parties.
(4) The Company shall delivery the Products to the Buyer at the address specified on the Buyer’s order. The Product’s are at the Buyer’s risk as soon as they are passed to the carrier, and shall be the Buyer’s responsibility to insure. Costs of carriage will be charged to the Buyer on all orders.
(5) Where under any contract deliveries are postponed by the Buyer such postponement must be in accordance with agreed terms, failing which the Company shall be entitled to delivery the order or such part thereof as has not then been agreed to postponed by the Company and to revise prices charged to the Buyer to take into account any relevant price or cost increases and to make any special charge the Company deems appropriate relating to costs incurred by postponed delivery.
(6) The Company shall at all times have the right to make delivery of the Products by one or more instalments, and to invoice each delivery separately.
(7) If the Buyer refuses or fails to take delivery of the Products strictly in accordance with the Contract, the Company shall store Products at the cost and risk of the Buyer for a period of two weeks during which time the Products shall remain available for collection by the Buyer from the place at which they are stored. All costs incurred by the Company as a result of any such refusal or failure to take delivery shall be for the account of the Buyer. If the Buyer fails to take delivery of the Products within the said period of two weeks the Company shall have the right either to require immediate performance of the agreement or to declare the agreement terminated without prejudice to any right to claim damages from the Buyer.
(*) All references to the term “percentage, (s), (%)” are measured in unit/product quantity and not monetary value.
*RETURN OF THE PRODUCTS
(1) Any claim in respect of defects or shortcomings in the Products supplied must be lodged with the Company in writing within eight days after delivery. The right to such a claim will lapse automatically on the expiry of such period. Slight deviations in colour and/or dimensions or quantities shall under no circumstances be the subject of any such claim. Management of the Company shall reserve the sole right to accept returns outside of the above timeframe at their own discretion.
(2) Any defects found in part of the Products shall not entitle the Buyer to reject or refuse the remaining Products, which are the subject of the Contract.
(3) If the Buyer disposes of the Products to a third party the Buyer shall cease to be entitled to pursue any claim even if the claim was lodged prior to such disposal.
(4) No goods shall be returned to the Company or exchanged by the Company unless the Company has agreed thereto in writing. If Products are returned or exchanges purport to be effected without the Company’s permission, the costs incidental thereto shall be for the account of the Buyer and in such case the Company shall have the right to store the returned Products at the account and risk to the Buyer. The return of the Products to the Company under this clause shall not release the Buyer from
its obligation to make payment thereof unless the Company accepts the existence of a defect by issuing a credit note.
(5) Where the Company accepts liability in respect of a claim for return of the Products its only obligation shall be at its option to make good any shortage or don-delivery and/or as appropriate to replace or repair any Products found to be damaged or defective and/or refund the cost of such Products from the Buyer.
*All non-defective returns accepted by Wicom Systems Ltd are subject to 15% re-stocking fee.
RESERVATION OF TITLE
(1) Title to Products shall not pass to the Buyer until payment due under all contracts with the Company has been made in full.
(2) Until such payment the Buyer shall have possession of the Products as the Company’s bailee and shall store the Products in such a way as to enable them to be identified as the Company’s property and shall keep the Products fully insured until payment in full.
(3) Until such payment the Buyer shall be entitled to sell the Products provided it accounts to the Company for the proceeds of sale, which must be paid into a separate bank account.
(4) The Company reserves the right of immediate re-possession of any Products to which it has retained title as aforesaid and for this purpose the Buyer hereby grants an irrevocable right and licence to the Company’s employees and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of this Agreement for any reason and is without prejudice to any of the Company’s accrued rights hereunder or otherwise.
Wicom Systems Ltd Management