1.1 “Seller” shall mean Peter Wright, its successors and assigns or any person acting on behalf of and with the authority of Peter Wright.
1.2 “Buyer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Buyer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Seller to the Buyer.
1.5 “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.
2.1 Where the Buyer buys Goods as a consumer, these terms and conditions (in particular clauses relating to Risk, Disclaimer, Defects, Returns, Warranties, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are irrevocable and can only be amended with the written consent of the Seller.
3.4 The Buyer undertakes to give the Seller at least fourteen (14) days’ notice of any change in the Buyer’s name, address, and/or any other change in the Buyer’s details.
4.1 The Price shall be the Seller’s quoted Price (subject to clause 4.2), which shall be binding upon the Seller.
4.2 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation.
4.3 At the Seller’s sole discretion, a deposit may be required.
4.4 Time for payment for either Goods or Services shall be of the essence. 100% payable 14 days after completion.
4.5 Payment will be made by cash, cheque, bank cheque, credit card, or direct credit.
4.6 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5.1 Delivery of the Goods shall take place when the Buyer takes possession of the Goods at the Buyer’s address or other nominated address.
5.2 Delivery costs will be quoted separately if delivery is required.
5.3 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.4 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivered to the Buyer.
5.5 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.6 The Seller shall not be liable for any loss or damage due to failure by the Seller to deliver the Goods promptly or at all.
6.1 If the Seller retains ownership of the Goods, nonetheless, all risk for the Goods passes to the Buyer on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods.
7.1 Ownership of the Goods shall not pass until:
7.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured.
7.3 It is further agreed that:
8.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days notify the Seller of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote.
8.2 No Goods shall be accepted for return except in accordance with clause 8.1.
9.1 Returns will only be accepted provided that:
9.2 The Seller may accept the return of non-defective Goods for credit or refund but may charge a handling fee of at least 30% of the value of the returned Goods plus any freight.
10.1 Subject to conditions, if any defect in workmanship of the Seller becomes apparent within twelve (12) months of delivery, the Seller will either repair or remedy the defect.
10.2 The warranty shall not cover defects caused by failure to maintain Goods, improper use, or fair wear and tear.
12.1 The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design, or trademark.
13.1 Interest on overdue invoices shall accrue at 2.5% per month.
13.2 If the Buyer defaults in payment, the Buyer shall indemnify the Seller against all costs incurred in pursuing the debt.
