Terms & Conditions
Windrush Yachts
(herein called "the Company")
1. PREAMBLE
All 8 conditions listed shall apply (except as varied by agreement in writing signed by both parties) in respect of all work completed by the Company.
2. PRICES
All prices for the supply of goods shall be subject to increase by the amount of any increase in the cost of materials, transport, labour, customs and other duties, insurance and any other circumstances beyond the control of the Company between the date of quotation and the date of delivery.
3. TERMS OF PAYMENT
The terms of payment are net case within 30 days of invoice date. If payment is not received by such date interest shall be charged at the rate of 2% per month.
4. DELIVERY
Delivery shall be deemed complete when the Company gives possession of the goods to a carrier for delivery to the purchaser, or as the purchaser has directed. The Company shall not be liable for any damage or loss arising from any failure to deliver or delay in delivery of the goods caused by an event beyond the Company’s control. The Company may charge storage and transportation expenses if the buyer fails to accept or permit delivery at the times specified in a quotation.
5. WARRANTIES AND GUARANTEES
No guarantees, warranties, representations or agreements made on behalf of the Company shall be binding on the Company unless made in writing.
6. RETURNS
Goods may only be returned with the prior written consent of the Company. No goods will be accepted for return after 10 days from date of dispatch.
7. RISK AND TITLE
Risk shall pass to the purchaser when the goods are delivered. Ownership of the goods shall not pass to the purchaser until the goods have been paid in full. Until the Company has received full payment for the goods the purchaser shall hold the goods as bailee of the Company. The purchaser irrevocably gives the Company (or its agents) leave without the necessity of giving notice to enter any premises occupied by the purchaser to search for, and remove, any of the goods held as bailee of the Company without in any way being liable to the purchaser or any other person or company claiming through the purchaser.
8. CLAIMS
(a) Subject to the Trade Practices Act 1974 the company agrees to replace, repair, or make good at its option any defect in the goods supplied. The purchaser shall notify the Company in writing of any defect within 14 days of delivery of the goods.
(b) The liability of the Company under the Trade Practices Act 1974, the Sale of Goods Act 1985 and at common law in connection with the supply of goods is hereby limited to the liability of the company described in the above sub-clause (a), except (i) to the extent that the remedies of the under the Trade Practices Act apply to a contract for the sale of goods of a kind ordinarily acquired for personal, domestic or household use or consumption, or (ii) if the limitation described in sub-clause (a) is not fair and reasonable, or (iii) of the Company’s liability related to a breach of warranty or condition implied by section 69 of the Trade Practices Act.