Terms & Conditions
1 DEFINITIONS.
In this document the following words shall have the following meanings:
1.1 " Purchaser" means the person who buys Goods from the Seller
1.2 " Goods" means the articles that the Purchaser agrees to buy from the Seller
1.3 " Seller" means Wyse Oil Ltd
1.4 " Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 GENERAL. Wyse Oil Ltd General Conditions of Sale shall be applicable to all offers, order confirmations and deliveries by Wyse Oil Ltd and shall form an integral part of the sales agreement between Wyse Oil Ltd and the purchaser. Not withstanding any statement to the contrary, in writing or otherwise by the purchaser, no purchase conditions of the purchaser shall be applicable or shall set aside Wyse Oil Ltd General Conditions of Sale unless expressly agreed in writing by Wyse Oil Ltd.
3 NOTIFICATION OF LOSS, SHORTAGE, DAMAGE ETC. IN TRANSIT. Bulk deliveries. Any discrepancy in weight under 1% will not be liable to claim. Damage and Pilferage. Any damage or pilferage in transit of goods dispatched by Wyse Oil Ltd must be notified in writing on the purchaser’s own notepaper to us within three days of delivery and details of the claim similarly notified within seven days. In addition, any obvious damage to goods or crates should be noted on the carrier’s delivery note at the time of delivery.
4 DELIVERY. Deliveries are made by suppliers transport to the nearest point on the road where materials are required, as a safe hard road permits. The purchaser is to provide free of charge, the labour required for unloading and stacking. Deliveries are made on the understanding that we disclaim any responsibility for the material after it has left our transport.
5 SUITABILITY. Goods are supplied in good faith and where recommended by Wyse Oil Ltd, they are done so based upon the information supplied. No guarantee is given or implied as to the suitability of the goods for the process to which it may be applied. The purchasers should satisfy themselves as to the goods suitability for the operation in which it will be employed by evaluation.
6 CANCELLATION. Goods made to special order cannot be cancelled.
7 ACCEPTANCE. Orders are accepted and terms for delivery given conditional on our being able to secure the labour and materials without responsibility for delays arising through causes beyond our control.
8 CONTAINERS. Containers shall not be returned unless stated returnable.
9 TERMS OF PAYMENT. Unless expressly provided for otherwise in writing by Wyse Oil Ltd, terms are strictly thirty days net of invoice date and Wyse Oil Ltd reserve the right to withhold further deliveries if these terms are not complied with.
10 CONDITIONS. If purchasers official order forms contain special printed conditions, such conditions are binding only insofar as they are not at variance with the terms and conditions mentioned above.
11 LAW. The construction, validity and performance hereof shall be governed by the Law of England.
12 BUYER INSOLVENCY AND RETENTION OF TITLE. Until payment in full to Wyse Oil Ltd of the goods:
a. Goods to remain the property of Wyse Oil Ltd until such time they are paid in full, but the risk therein and all liability to third parties in respect thereof shall pass to the purchaser on delivery.
b. If the purchaser shall become insolvent or bankrupt, or being a company shall have a receiver appointed or enter into liquidation whether voluntary or compulsory or if any execution or distress shall be levied against the purchasers goods, then Wyse Oil Ltd shall have the right to recover the possession of the goods, the property in which has been retained under this clause and Wyse Oil Ltd or its duly authorised representatives shall have the right to enter premises where the goods are stored for this purpose.