By placing an order with us to supply goods and/or services, the buyer becomes the purchasing participant in a contract between us and agrees to accept these terms of trade.
Either verbal or written orders by the buyer create purchase contracts determined by ISF Order Confirmations. The prices shown thereon for the supply of the goods and services described are agreed by the buyer and Wisebasis Limited (us). The buyer agrees to pay for the goods and services in full by the due date shown on ISF invoices covering each contract.
The buyer agrees that if any order is cancelled before completion, he/she accepts liability for (a) all parts of the order that have been completed or part completed by us (whether delivered or not), and (b) all materials at our selling prices that have been ordered by us which we cannot cancel or return, and (c) the reimbursement of all our administration, management and any type of expenses incurred up to the point of cancellation related to the production of the order for the buyer including any cancellation charges that we may have to pay to our suppliers.
No responsibility will be accepted by us for any errors in ISF Order Confirmations which have been passed unnoticed by the buyer. Any changes made by the buyer to the specifications described in a particular ISF Order Confirmation necessitating additional materials or labour shall not be included or covered by that contract and must be treated as entirely separate additional orders for which new contracts shall be agreed. Verbal understandings with our representatives, agreements or variations to the specifications shall not be binding on us unless they have been confirmed to us in writing and acknowledged by us in writing.
Unless instructed otherwise by the buyer in writing, the buyer must accept that materials will be made up to our own standards and specifications.
Minor variations in colour or patterns from samples shown must be accepted by the buyer.
Time shall not be deemed the essence of contracts unless we have given our specific written consent to vary this condition on a specific contract. Apart from protracted and unreasonable delay by us, there shall be no liability for delays in or failure to complete supply or installation of all or any part of the goods and services described by a specific date. We shall accept absolutely no liability to the buyer for non-delivery at all or by a specific date if due to delays or non-delivery to us of supplies from third parties specified by the buyer, fire, strikes, war, governmental regulations or any cause beyond our control.
Our maximum liability is to the amount of each contracted order. Claims for the buyer’s consequential losses, costs or expenses of whatever description will not be accepted by us.
Goods delivered to the buyer or any third party belong to us until paid for.
Until payment in full for the goods supplied under contracts together with payment for the services contracted has been received by us, the buyer accepts that:
(a) title to the goods and the right of repossession shall remain with us, and
(b) without our express consent the goods shall not be sold nor removed nor any action is taken to prevent us repossessing the goods, and
(c) the buyer will be responsible for all loss/and or damage to the goods, and
(d) the buyer will pay us interest at 5% over the Barclays Bank base rate at the time on the balance or part balance which remains unpaid after the end of the month following the tax point date on invoices.
If proceeding are undertaken by us to collect any part or all the balance due to be paid to us by the buyer, then the buyer accepts that we shall rightfully be entitled to be paid the outstanding balance together with interest on that amount calculated as above and reimbursement of all costs incurred by us in collecting these amounts including legal fees and expenses.
If the buyer defaults in paying any part of the balance due to us, we may either affirm the sale and hold the buyer liable for the unpaid balance or we may repossess the goods. If the value of the goods so repossessed does not equal the amount of the total amount due to us then the buyer shall still remain liable to pay us the outstanding difference.
