1. INDUSTRIAL WORKWEAR's Conditions
Apply
Unless otherwise specifically agreed in writing by INDUSTRIAL WORKWEAR
Limited ("IWL"), all quotations and contracts for the supply of goods
by IWL are made upon these Conditions of Sale ("IWL's Conditions") which
shall at all times override any terms and conditions which the purchaser
of such goods ("the Purchaser") imposes or seeks to impose. Delivery
of any goods following a quotation for supply made by IWL will be made
only upon IWL's Conditions. Orders are accepted subject to the Company's
Conditions of Sale.
2. Payment Terms
Terms of payment are strictly net monthly (i.e. payment on or before
the end of the month following the month during which the invoice is
dated) and in default IWL shall be entitled without notice to the Purchaser
(even if the Purchaser has a contract with a third party) to terminate
any outstanding order or quotation, to withhold and/or suspend supplies
or to reduce the Purchaser's credit limit. IWL shall also be entitled,
at their discretion, to receive payment of any and all monies in respect
of goods supplied whether these monies would ordinarily be due for payment
at that time or not.In the event that the Purchaser tenders payment
by cheque and the cheque is subsequently returned by the Purchaser's
Bankers unpaid, the Purchaser will also indemnify IWL in respect of
all resulting bank charges incurred by IWL.
3. Prices
(a) All prices displayed in the on line catalogue are subject to VAT
where applicable. Prices are correct at time of publishing and are subject
to change without prior notice. The price charged to the customer will
be the prevalent price at the time of ordering.
(b) There is no minimum order value or quantity
4. Retention of Title
Although risk in the goods supplied passes to the Purchaser on delivery,
legal title in such goods shall not pass to the Purchaser until IWL
has received in cleared funds the full price payable for such goods
and all other goods supplied by IWL to the Purchaser for which payment
is then due. Until legal title passes, the Purchaser shall hold the
goods as IWL's fiduciary agent and bailee and shall keep them properly
stored, protected, insured and identified as IWL's property. Until that
time the Purchaser is entitled to resell or use the goods in the ordinary
course of its business but shall account to IWL for their proceeds of
sale and pending payment shall hold such proceeds on trust for IWL absolutely.
The Purchaser's right to resell or use the goods shall terminate automatically
if a liquidator or (administrative) receiver or administrator of the
Purchaser is appointed or an order is made or a resolution passed for
the winding up of the Purchaser. Until such time as legal title in the
goods passes to the Purchaser IWL may at any time require the Purchaser,
its liquidator, (administrative) receiver or administrator to return
the goods and/or may repossess the goods by entering upon any premises
of the Purchaser or any third party where the goods are reasonably believed
to be stored. In addition and without prejudice to any other right or
remedy available to IWL, if the purchaser is in breach of the payment
terms or of any of its obligations under this clause, IWL shall be entitled
to cancel the contract, suspend further deliveries, terminate any outstanding
order or quotation without incurring any liability whatsoever as a consequence
of this action.
5. Delivery
(a) Terms and conditions for delivery are only applicable in the U.K.
For delivery outside the U.K. please contact the IWL sales department
(b) IWL will endeavour to meet any delivery date quoted but delivery
dates are given and intended as an estimate only and if there are any
circumstances whatsoever which prevent or delay delivery, IWL shall
not be bound to supply or make delivery of any goods ordered nor shall
it be liable for any damage or consequential loss or in any other way
for failure to supply or delay in delivery when so prevented or delayed.
(c) Claims for short or damaged deliveries must be made in writing,
to IWL within 3 days of receipt
(d) Claims for non-delivery must be made to IWL within 10 days of date
of despatch shown on invoice
6. Liability
The following terms apply except in the case of death or personal injury
caused by IWL's negligence:-
(a) Risk in the goods passes to the Purchaser on delivery and IWL shall
not be liable for any loss of or damage to or deterioration of the goods
howsoever caused and the Purchaser will keep IWL fully indemnified against
all loss and/or liability arising from any such loss damage or deterioration.
(b) If loss, damage or deterioration (other than for death or personal
injury) is caused by IWL's negligence, IWL's liability shall be limited
to the invoice value of the goods.
(c) All conditions and warranties as to the quality and fitness for
any particular purpose of the goods supplied (whether statutory or otherwise)
are expressly excluded but (without prejudice to such exclusion) every
care will be taken to ensure that goods supplied will conform to IWL's
standards or to specification (within the limits of reasonable commercial
accuracy/tolerance) and if IWL recognises that goods supplied do not
conform to its standards or to specification (within the limits of reasonable
commercial accuracy/tolerance) IWL will, in assessing the value of any
allowance or replacement which it may agree to make, have regard to
the extent/nature of the defect, information given by the Purchaser
as to the application of the goods, the use already made of the goods
and any other relevant factor, but in any event IWL's maximum liability
shall be limited to the invoice value of the goods.
(d) IWL accepts no liability for consequential loss or damage to property
which is attributed to the failure of goods supplied (whether or not
IWL is the manufacturer of the goods) whether due to accident, abuse,
incorrect technical assessment by IWL or its employees/representatives
or for any other reason.
7. Product Information
Whilst the Company has made every effort to ensure that details and
information given in this catalogue are accurate at the time of publication,
full technical specifications are not included and furthermore, the
Company's policy is one of continuous improvement and the right is reserved
to alter details and information as the need arises. Accordingly, the
customer should check any details and information they wish to rely
on with the Company at the time of purchase. The Company cannot accept
liability in respect of any errors or omissions herein contained or
for any loss or damage, malfunction or consequential loss arising from
reliance upon this catalogue.
8. IWL Interactive Disclaimer
Any links included in this web site do not represent endorsement by
IWL of any other products, services or organisations.