Westport (UK) Limited
Conditions of Sale
These conditions of sale, override any clauses in buyers’ purchase orders and/or in any other communication, if in conflict therewith and are deemed to have been read and accepted unless otherwise notified to Westport(UK)Limited by the purchaser or their agent in writing.
Prices _ All prices quoted are as per our Web site, or printed sales literature, which may or may not include VAT or Post Packing and/or any other charges. Westport(UK)Limited reserves the right to alter the prices or the terms offered to any buyer without notice. Prices shown in other currencies are deemed to be only approximate and will vary according to the "Exchange Rate". Prices and Terms shall be those ruling at the date of despatch.
Minimum Order Charge _ There is no minimum order charge at this time.
Carriage and Packing Charges _ are as stated on the Westport(UK)Limited Web Pages or printed sales literature, which may or may not include VAT or Post Packing and/or any other charges and may vary from time to time.
Customer services _ we accept payment by Electronic transfer (particularly off our Web site's secure server) UK Cheque, UK Postal Order, Bankers Draft (in UK Sterling) and most major card companies including ‘Switch’.
Payment Terms. _ The company's standard terms of payment are net cash 30 days from the date of the Invoice for agreed and approved recognised trade resale outlets, or cash with order, or cash via electronic transfer at the point of sale via the Internet secure server.
Delivery _ We aim to generally despatch any order to any Country as listed on the Westport(UK)Limited Web Site, and within 2/3 working days from our receipt of your order. However, during periods of high demand some items may take a little longer, so please allow up to 14 days extra for delivery. And, in the unlikely event that we are out of stock you will be notified. Goods are shipped by Mail, in appropriate packing.
Video Formats - Westport (UK) Limited are the producers of the "Observe & Learn" series of educational teaching Videos, which are produced to a UK standard - VHS (Pal) format. It is therefore the responsibility of the purchaser to ensure that VHS(Pal) can be played in their Country and that their machines are compatible with VHS(Pal) before ordering any videos.
Video Format Information - VHS(PAL) formats are a main UK standard along with most of Europe, Australia and other former UK dependencies. France mainly uses a Secam format and America and Japan use mainly the NTSC format, therefore buyers should be aware of the last clause above (Video Formats).
Retention of Title _ (1) Until Westport(UK)Limited has been paid in full for the goods comprised in this or any other contract between them, the goods comprised in this contract remain the property of Westport(UK)Limited, although the risk passes to the buyer at the point of delivery in the contract. (2) If the buyer fails to pay for the goods on the due date or commits any act of bankruptcy or if any resolution or petition to wind up the buyer or his business shall be passed (other than for the purposes of amalgamation or reconstruction) or if a Receiver of the buyers undertaking is appointed, Westport(UK)Limited may recover possession of the goods at any time from the buyer and for that purpose Westport(UK)Limited our servants or agents may enter upon any land or building upon which the goods are situated, whether or not the goods have been attached to any other property of the buyer. (3) The buyer has the right to dispose of goods in the course of his or her or their business for the account of Westport(UK)Limited and to pass good title of the goods to any bona fide purchaser or purchasers for value without notice of Westport(UK)Limited's right, in the event of such disposal the buyer has a fiduciary duty to Westport(UK)Limited to account for the proceeds (which shall be kept separate and identifiable from the buyers own monies) but may retain there from an excess of such proceeds over the amount outstanding under this or any other sale contract between them.
Guarantee _ (1) Westport(UK)Limited agrees to replace or repair at its option, goods or parts manufactured or supplied by Westport(UK)Limited and proved to be defective due to faulty materials or workmanship within a period of 14 days from the dated of the Invoice (fair wear and tear of damage due to misuse or faulty operation excepted) with an extension of the 14-day period at our discretion and based on our consideration of circumstances. (2) The warranty contained in (Clause1. of the Guarantee) does not extend to any equipment or materials not manufactured or supplied by Westport(UK)Limited, although supplied by Westport(UK)Limited, nor does it extend to any second_hand or reconditioned goods. Equipment or Goods not manufactured by Westport(UK)Limited carry only the warranty (if any) of their makers and the purchaser is entitled to the benefit, in so far as Westport(UK)Limited have the power to transfer it.
Liability _ (1) the buyer agrees that apart from the express terms contained herein or in the quotation or in any document expressly stipulated therein to form part of the contract and to be outside the provisions of this clause and no statement or representation has been made by Westport(UK)Limited relating to goods supplied, or if any such statement or representation has been made, the buyer warrants that he, she or they, understood it to be a statement of opinion only, and did not rely on it. (2) No liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person, firm or company. or for any loss of profits or production arising out of, or occasioned by, any defect in or failure of goods or materials, or parts thereof supplied by Westport(UK)Limited. (3) Westport(UK)Limited's liability, whether in respect of one claim or in the aggregate, arising out of any contract, shall not exceed the purchase price payable under the contract.
Data _ Illustrations, weights, measures, specification and/or performance schedules set out in any Westport(UK)Limited sales literature or set out on the Westport(UK)Limited’s Web Sites are statements of opinion and are provided for information only and form no part of the contract.
Cancellation _ cancellation of an order will not normally be accepted by Westport(UK)Limited. However, Westport(UK)Limited may at its discretion agree to a cancellation on the strict condition that all cost and expenses incurred by Westport(UK)Limited up to the time of cancellation and all loss of profits and other loss or damage resulting to Westport(UK)Limited by reason of such cancellation will be reimbursed by the customer to Westport(UK)Limited forthwith.
Goods lost or damaged in transit _ no claim can be entertained unless _ notification in writing has been given by the consignee both to Westport(UK)Limited and to the carrier's receiving station or depot within the prescribed time limits, viz: _ (1) Partial loss, or non delivery of any separate part of the consignment to be notified within 3 days of the expected delivery date (see delivery clause above) of the consignment or part consignment. Passenger traffic claims must be advised within 24 hours. (2) _ Non_delivery of whole consignment to be notified within 14 days of the date shown on the Invoice/Despatch note and in conjunction with the ( delivery clause above). In the case of goods damaged or lost in transit to destinations outside the UK, claims against Westport(UK)Limited must be made within 7 days from receipt of goods and in conjunction with the ( delivery clause above) or if lost, within 30 days after they were due to arrive and in conjunction with the ( delivery clause above).
Return of goods _ Goods supplied in accordance with the buyers order may be later returned to Westport(UK)Limited only with Westport(UK)Limited's permission in writing. For standard stock items the buyer will be required to pay Westport(UK)Limited, a re-handling charge of 50% of the list price of such returned goods. In the case of special items (nonstandard or non stock goods or equipment etc:) the handling charge will depend on the value to Westport(UK)Limited of the returned goods. Goods returned must state Westport(UK)Limited's Invoice number and date or despatch note number and date.
Contract Law _ The contract between Westport(UK)Limited and any client/buyer will be deemed to be subject to the Laws of England and Wales.
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