Trading Terms and Conditions
1.1 The 'Buyer' means the person who buys or agrees to buy Goods from the Seller.
1.2 The 'Seller' means West Wales Models.
1.3 'Conditions' means the Conditions of Sale set out in this document and any Special Conditions agreed in writing by the Seller.
2.1 These Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.2.2 No variation or addition to these Conditions shall be effective unless signed in writing by the Seller.
2.3 No Contract for the sale of Goods shall arise until the Seller despatches the Goods to the Buyer.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.5 Nothing in these Conditions shall affect the statutory rights of any consumer.
3.1 The Price shall be that on the Seller's current list price.
3.2 The Seller reserves the right to revise prices.
3.3 All Prices are inclusive of VAT (unless otherwise stated), and charges for packing, postage and carriage (include VAT), which shall be paid in addition.
3.4 In the case of all sales, payment must be made in full before despatch of any Goods
4. Warranty & Liability
4.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to the fitness for purpose, merchantability or condition of the Goods, whether implied by Stature, Common Law or otherwise are excluded and the Buyer warrants that the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
5.1 Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of the failure to meet any estimated delivery date.
5.2 Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
6. Ownership & Risk
6.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods.
6.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has paid in full for such Goods.
6.3 If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for the Seller's costs of so doing.
6.4 If the Buyer is a consumer and properly rejects any of the goods which are not in accordance with the Contract, the Buyer shall nonetheless pay the full price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer's costs return such Goods to the Seller in good condition.
6.5 In the case of any other sale the Buyer shall inspect the Goods immediately upon delivery and shall notify the Seller within five days of delivery if the Goods are damaged or do not comply with the Contract. If the Buyer fails to do this, he is deemed to have accepted the Goods.
6.6 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either (a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Goods or (b) at the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective
7. Cancellation Returns
7.1 No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
7.2 Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then, (a) a Goods Return No. obtained from the Seller must be clearly shown on the returned parcels (b) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault (c) the Seller reserves the right to make a handling and restocking charge of 25% on Goods that are returned if they were ordered in error or are no longer required.
8. Force Majeure
8.1 The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond the Seller's control.
9. No Waiver
9.1 The Seller's failure to insist upon strict performance of any provisions of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
10.1 Except as may be implied by the law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to the damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
11.1 In the event of dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit the dispute to arbitration in accordance with the arbitration Act for the time being in force as a legally binding alternative to Court action. These Conditions shall be in accordance with English Law.