These terms and conditions of business by
Wellscope Ltd
Wellscope
") apply to any sale of goods made by Wellscope to the Purchaser or work carried out on equipment supplied by the Purchaser. These conditions shall form part and govern the contract of sale and/or work. Acceptance of goods by the Purchaser shall be deemed to be acceptance by the Purchaser of these conditions of sale. Any term sought to be imposed by a Purchaser either in a document or otherwise that conflicts either, or adds to these conditions is not accepted. No agent or representative of Wellscope has the authority to vary these conditions unless done so in writing by the directors of Wellscope.
1.1 All quotations are given in good faith of the goods or work involved. However Wellscope reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply and the purchaser shall pay such additions in addition to the quoted price.
1.6 All goods remain the property of Wellscope until paid for in full.
2.1 Wellscope shall use its best endeavour to comply with the date named for despatch, delivery or repair. Such dates are given and intended as an estimate only and is not to be the essence of the contract. If, owing to non-availability of the goods or other causes beyond Wellscope's control, Wellscope shall be at liberty to determine the contract or part thereof by giving notice in writing to the Purchaser.
3.2 In the event of the Purchaser reselling the goods, if Wellscope has not received all amounts owing to it, the Purchaser shall account to Wellscope for the proceeds of any such sale and meanwhile hold all proceeds of such sale of such goods upon trust Wellscope until Wellscope has received such amounts in full.
3.3 Wellscope shall have the right to trace all proceeds in accordance with the principles of R v. Hallets Estates 1880 113CH.D96.
3.4 At any time after the due date for payment from the Purchaser to Wellscope, and so long as such amounts have not been received by Wellscope in full, at the Purchaser's expense, shall have the right to enter the Purchaser's premises and remove there from all goods which remain the property of Wellscope, in the event of any unpaid invoices.
3.5 Wellscope shall reserve the right to reclaim any goods previously supplied to the value of the unpaid invoice.
4.1 Whilst Wellscope will make every effort to ensure that goods supplied correspond to, in every respect, with the sample, specification or description provided as the case may be, Wellscope is not responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle the Purchaser to rescind the contract or shall be the subject of any claim against Wellscope by the Purchaser.
No liability for any claim for damage or non-functionality shall be accepted unless the Purchaser notifies Wellscope in writing within seven day. This period may be extended at the sole discretion of Wellscope where the manufacturer's replacement exceeds this deadline.
5 .1 No liability for any claim for missing items such as manuals, connecting cables, etc shall be accepted unless the Purchaser notifies Wellscope in writing within forty-eight hours of delivery.
5 .2 No liability for any claim shall be accepted in the case of goods differing in quantity or description from the particulars given on the delivery note or invoice unless the Purchaser notifies Wellscope in writing within forty-eight hours of delivery and the onus is upon the Purchaser to prove any shortage.
5 .3 In the case of manufacturers who operate direct product support and returns procedures, the Purchaser accepts an obligation to process their claim directly through the manufacturer.
5 .5 No liability for any claim shall be accepted for damage whether mechanical, electrical or software or data loss to equipment (including complete systems, peripherals and components) supplied by Wellscope to the Purchaser, or equipment owned by the Purchaser but not supplied by Wellscope, where such damage is caused by the Purchaser adding, removing or modifying in any way any item of hardware, software, programs or inappropriate use of the same, or computer software viruses whether introduced by Wellscope or the Purchaser.
