1. Payment Terms. Unless otherwise specified, payment terms for all goods and services are cash on delivery. Trade terms where specifically agreed are strictly 30 days from date of invoice (subject to satisfactory trade references), unless separately negotiated for a specific contract. No settlement discount is given, unless agreed otherwise in writing, and Wattsure reserves the right to surcharge all outstanding accounts from the date due until full settlement is made at a rate of 2% per month on any outstanding balance.
2. Delay in delivery. While all reasonable steps will be taken to ensure that any quoted delivery date is adhered to, Wattsure will not be liable for delay in delivery arising from causes outside its control. Liability for proven loss from delay in delivery arising from causes within the control of Wattsure. shall in any event be limited to a maximum no greater than the contract price for the goods or services in question.
3. Quotation Validity and Prices. To be valid quotations must be in writing and accompanied by an email or letter sent by an employee of Wattsure. Unless otherwise specified in writing, quotations are valid for a period of 30 days only. Prices quoted are net and exclude value added tax (VAT) at the prevailing rate.
4. Carriage Prices quoted are Ex-Works unless otherwise stated. If carriage is required the cost of the carriage will be added to the invoice price as necessary.
5. Delivery. All deliveries must be signed for and any queries regarding shortage or non-delivery of goods must be made within 5 days of delivery or expected delivery date. In case of shortages in delivery a copy of the Packing Note must be supplied. Damaged goods must be rejected and returned to Wattsure.
6. Guarantee. All goods are guaranteed free from defects in materials and workmanship under normal use for a period of one year from the date of delivery or date of completion of installation, or such other period as may be negotiated against specific contracts. This guarantee shall be in lieu of any warranty term or condition implied by law as to the quality or fitness for any particular purpose of the goods. Save as provided by this clause Wattsure shall not be under any liability, in contract tort or otherwise, in respect of defects in goods or services delivered or for any injury, damage or loss resulting from such defects and in no event shall any failure on the part of Wattsure give rise to liability for loss of revenue or any other consequential loss or damage arising from any reason whatsoever. In the case of goods supplied by Wattsure for installation by the Client (or his agent), the Client shall be responsible for ensuring the installation is carried out in accordance with relevant current best practice (for example IEE wiring regulations) along with any instructions supplied with the goods. Where goods or services are of a type ordinarily bought for private use and are purchased for use other than in the course of business, the Wattsure terms of business do not limit or exclude statutory rights in the case of defective products or services.
7. Notification of faults. Wattsure must be notified in writing of any goods or services which are the subject of a guarantee claim within 10 days of a fault developing or becoming apparent.
8. Data collection and analysis services. Wattsure will endeavour to ensure that the results of any data collection and analysis services are accurate, however any data or analysis results are not supplied as evidence of the commercial viability, or otherwise, of any proposed project or as a guarantee that such conditions as are revealed by the data will necessarily pertain in the future. Any data collection or analysis services provided by Wattsure do however purport to be accurate for the place and period specified within the recognised limits of the equipment and procedures used.
9. Returns and Handling Charge. No returns are permitted without Wattsure’s prior consent. To be eligible for a credit or refund, goods must be returned to Wattsure in an unused condition, apart from any possible damage caused by a fault in the equipment itself, within 30 days of the invoice date stating the relevant invoice number. The cost of carriage and handling for the returned goods shall be borne by the Client.
10. Copyright. Copyright on all documents (including drawings, handbooks and software) supplied to the Client shall at all times remain vested in Wattsure and neither they nor their contents may be used without express written consent of Wattsure for any purpose other than that for which they were supplied.
11. Termination of Contract. If the Client shall be in breach of or fail to fulfil any provision of this or another contract with Wattsure, or suffer distress or execution, or commit an act of bankruptcy, make an arrangement with creditors, or go into liquidation (except for amalgamation or reconstruction), or have a receiver appointed, Wattsure may (without prejudice to any other claim or remedy) forthwith suspend performance of, or terminate, the contract by written notice and shall be entitled to payment for goods and services already delivered and work in progress.
12. Risk and Title. Except when specifically agreed otherwise, delivery shall take place at the Wattsure premises and risk in any goods supplied shall pass forthwith on delivery. Legal and beneficial ownership of all goods sold by Wattsure shall remain vested in Wattsure until payment has been received in full in respect of (i) the full invoice price for the goods in question and any related services, and (ii) all sums due from the Client to Wattsure in any connection whatever, and until such time the Client must keep those goods distinct from its own property, and must not purport to sell or otherwise transfer legal or beneficial ownership of them. Until ownership has transferred to the Client, the Client has full licence to make use of the goods in its business, but at any time at which payment of (i) the invoice relating to those goods and (ii) any other invoice is late for payment, or that the Client is subject to any form of insolvency or to any debt recovery action or occurrence (save for litigation defended by the Client and not yet the subject of a judgement), then Wattsure may without notice recover possession of the goods. For this purpose the Client hereby irrevocably licences Wattsure and its agents to enter upon the Client's property and (as far as reasonably necessary) to disassemble any machinery, undertakes to obtain equivalent licences for any third party on whose property the goods will be sited and agrees to indemnify the failure to obtain such licences, or otherwise from recovery of the goods by WattSure in accordance with this clause.
13. The Client agrees that on entering into a contract with Wattsure, the Client accepts that the only terms and conditions of sale governing the contract are the standard terms and conditions of sale herein stated and the terms and conditions for Wattsure Service as published from time to time.
14. Cancellation rights. The Client may cancel this contract up to one week before the time the goods are to be delivered and delivery date will be advised in advance. His deposit will be returned in full.
15. Retentions are not admitted or agreed to in any shape or form in relation to any sub contracts entered into by Wattsure on any construction projects.
16. Law. These conditions shall be governed by English Law and subject to the exclusive jurisdiction of the English Courts.