These are the terms and conditions that apply to the sale of all goods by Watson Bros Gunmakers Ltd to its customers.
“Conditions” means the terms and conditions of this contract;
“the Customer” means the person who buys or has agreed to buy the goods;
“the Goods” means any gun or guns or any item of whatsoever nature or part thereof or service which is to be sold or supplied by WB;
“WB” means Watson Bros Gunmakers Ltd.
2.ACCEPTANCE OF ORDERS
2.1 WB contracts for the supply of goods and/or services only to these conditions and all terms and conditions in the Customer’s order or enquiries inconsistent therewith shall be of no effect.
2.2 The placing of an order following a quotation given by WB shall to be binding on WB unless and until the Customer has paid and WB has accepted a deposit in accordance with the provisions contained in Clause 4 below.
2.3 The terms and conditions contained herein shall constitute the entire agreement between WB and the Customer and any modification to these Conditions will be binding only if evidenced in writing singed on behalf of WB and such evidence contains a specific reference to these Conditions being modified.
3.ESTIMATES AND PRICES
Unless otherwise stated in writing, the prices estimated or quoted by WB are exclusive of VAT, duties or levies of any kind whatsoever, all of which are payable in addition by the Customer.
Engraving prices are based on, inter alia, the cost of materials, labour, transport, import duties and levies, currency exchange rates and statutory obligations ruling at the date of WB’s acceptance of the Customer’s order and if before delivery there occurs an increase, howsoever arising, in the costs to WB of supplying the engraving services, including (without limitation) any of the above matters, WB shall be entitled to adjust the price for the engraving by a reasonable amount to take account of such increases.
5.PAYMENT AND DELIVERY
Payment for goods shall be made in accordance with the provisions set out below.
5.1 A deposit of one third of the total price of the goods shall be due immediately upon the Customer accepting WB’s estimate for the goods, such deposit being non-returnable in any circumstances.
5.2 The second instalment of one third of the total price of the goods shall be due within 14 days of WB informing the Customer that the gun has passed proof and WB retains the right to keep this instalment should the Customer cancel the order for goods at this or any stage.
5.3 The final instalment is payable within 14 days of WB giving notice to the Customer that the goods are ready for collection. Delivery will be effected at WB’s premises. While WB will use all reasonable endeavours to supply the goods within the time period estimated, time of delivery shall not be of the essence and WB shall not be liable for any loss or damage suffered by the Customer as a result of the late delivery of the goods.
5.4 If the payment of the price or any part thereof and all other sums payable by the Customer is not made on the due date, WB shall without prejudice to its other rights hereunder be entitled to charge in addition to any moneys due hereunder interest on the outstanding amount at the rate per annum of 4 per cent above the base rate from time to time of WB’s bankers, calculated on a daily basis until payment is made.
6.TRANSFER OF PROPERTY
6.1 The goods shall remain the sole and absolute property of WB as legal and beneficial owner and WB reserves the right to dispose of the goods until such time as payment in full for all the goods the subject of a contract to which these Conditions apply. If such payment remains unpaid in whole or in part on the expiry of the three month period following the date upon which demand for such payment was made, WB may (without prejudice to any of its other rights) recover or resell the goods or any of them and may enter on the Customer’s premises where they are or where they are reasonably thought to be stored for the purpose of repossessing the same. Such payments shall become due immediately upon the commencement of any act or proceedings in which the Customer’s insolvency is involved.
Until such time as the Customer becomes the legal and beneficial owner of the goods, the Customer will store them and will procure that they are stored separately from its own goods or those of any other person in a manner that makes them readily identifiable as WB’s goods.
Pursuant to the provisions of the Firearms Act 1968 as amended by the Firearms Act 1982 the Customer shall present to WB at the time of collection of the goods an appropriate firearm or shotgun certificate in force at that time.
8.RISK AND INSURANCE
8.1 Subject as hereinafter provided the goods are at the Customer’s sole risk (and the Customer shall be under a duty to insure the goods to their full value) from delivery to the Customer as provided for in Condition 4.3.
8.2 WB will be under no obligation to effect insurance of the goods after delivery.
The Customer must inspect the goods at the time the good are collected.
10.LIMITATION OF LIABILITY
The sole liability of WB in respect of any defect in or failure of any goods or services supplied or for any shortage in quantity of goods delivered or for any loss, injury or damage attributable, directly or indirectly, thereto (other than in respect of death or personal injury resulting in negligence of WB or its servants or agents) is limited to a period of 12 calendar months only from the date upon which the good are delivered or the engraving services provided and is limited to:- making good by replacement of the goods excluding any additional engraving (at the option of WB); repairing defects or failures which under proper use occur.
10.2 If, without the prior written consent of WB, repairs or alterations are made to the goods, WB shall be under no liability in respect of the goods and no allowance shall be made for any repairs or alterations so made.
10.3 Except as provided in sub-paragraphs 1 and 2 above, all presentations, guarantees, undertakings, conditions or warranties, expressed or implied, statutory or otherwise, in relation to the goods are hereby expressly excluded PROVIDED ALWAYS that the statutory rights of the Customer in the case of a consumer sale shall remain in full force and effect.
10.4 Without prejudice to the foregoing, WB shall in no circumstances be liable:- for any indirect or consequential loss (including, without limitation, loss of profit or liability to third parties) suffered or incurred by the Customer or others; or for any loss or damage in excess of the contract price for the goods or services or part thereof in respect of which a claim is made.
If WB is prevented from fulfilling any order within reasonable time by reason of force major of any cause beyond its reasonable control including, without prejudice to the generality of the foregoing war, threat of war, riots, civil commotion, act of God, government, terrorist activities, strikes, lockouts, industrial action, accident, technical problems with transportation, natural disaster, storm, flood, fire, earthquake, delay in delivery to WB of any goods or materials or interruption of transport,WB shall be under no liability to the Customer and shall be entitled at its option (to be notified in writing to the Customer) either to cancel any contract to which these conditions apply or without any liability to extend the time or times for delivery or otherwise performing such a contract by a period at least equivalent to that during which such delivery or performance has been extended by any of the restrictions hereinbefore referred to.
12.DEFAULT AND CUSTOMER’S INSOLVENCY
12.1 If there is any default or breach of any of the Customer’s obligations hereunder or in any payments due under any contract of sale to which these Conditions apply or if any distress, execution or other legal process is levied upon the Customer’s property or if the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy of it Customer or, if a company, any resolution or petition to wind it up to appoint an administrator shall be passed or presented or a receiver manager or administrative receiver of all or any of its assets shall be appointed, then (without prejudice to other remedies) in any such case WB may determine such contract or cancel any outstanding order.
12.2 In the event that Customer shall breach any of the terms of this agreement (including, without limitation, failing to make payment under this agreement), WB shall be entitled to forfeit any deposit and instalment payments under this agreement and under any other agreement outstanding with the Customer and to cease all further work forthwith. WB’s rights under this clause shall be in addition and without prejudice to WB’s right to treat this agreement as repudiated and to sue for damaged suffered by WB.
Termination of any contract to which these Conditions apply for whatever cause shall not affect the rights or remedies of either party in respect of any antecedent breach or introspect of any sum of money owing or to become owing by the other side.
Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of England.