Terms & Conditions
- You shall make the order by telephone, facsimile, post, email or via our 'online shop'
- Where an order is made by telephone, We do not require written confirmation of such an order. If You do send written confirmation of an order please ensure that the order is endorsed 'Confirmation'. Failure to so endorse the confirmation may result in the order being duplicated. You will be responsible for settlement of the duplicated order in full. If the duplicated order is not required it will be subject to Our terms under clause6 'Returns' below.
- Payment is due at the time of submitting the order, however at our discretion, and subject to satisfactory references, we shall invoice you for the Goods on or soon after despatch. In this case payment is due 30 days from the date of the invoice (the 'Due Date').
- If You fail to make payment on the 'Due Date' We have the right to charge interest on all outstanding balances. calculated on a daily basis at the rate of 5% per annum above the current base lending rate of the Bank of England.
- Prices quoted either by telephone, facsimile, post or in our 'online shop' are exclusive of VAT are current at the. time of quotation.
- If any sum of money is due from You, the same maybe deducted from any sum then due or which at any time becomes due to You under this or any other Agreement between Us and You.
- Single invoices are rendered, we reserve the right to render a charge for additional copies.
Ownership of the Goods
- Ownership of the Goods delivered or to be delivered by Us will only transferred to You when You have paid cash or cleared funds in payment of all sums owing to Us in respect of the Goods.
- Until payment of the aforesaid You must store the Goods in such a way that they are clearly Our Property.
- Until ownership has passed to You We retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith upon Our request, to enter your premises or any third party where the Goods are being stored and repossess the Goods.
- Nevertheless You shall be entitled to sell the Goods either in their original state or incorporated into other products acting as Our agents but in these circumstances the title to the Goods shall remain with Us, and You shall remain fully accountable for the proceeds of the Sale thereof.
Despatch of Goods and Delivery
- We shall despatch Goods by First Class Post or by Carrier to UK based customers at extra cost (for Export see paragraph 5). Goods are normally despatched the next working day after receipt of order, or to Your requested despatch date or to correspond with our acknowledged lead time stated at time of order.
- Guaranteed next day delivery requirements may be available upon request at extra cost and should be agreed at the time of ordering.
- Time of delivery shall not be of essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall not be under no liability whatsoever for delay in delivery or the consequence thereof however caused and You herby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of late delivery of the Goods.
- We reserve the right to decline to supply certain Goods to certain countries/regions due to restrictions imposed on us by our suppliers and their governments. Please contact our Export department for details.
- Freight and insurance is charged extra at cost for all export orders please contact our Export department for a quotation.
- Other than Goods returned under Guarantee in accordance with clause 8 or for shortages or damage reasons, returns will require Our agreement (please call for RMA number) and in any event will only be accepted in original packaging and a 20% handling charge will apply with a minimum charge of £2.00.
- Software may not be returned in any circumstances other than under clause 8.5 in relation to defect in the media on which its software is supplied.
- If any shortages or damages to the Goods occurring in transit, you must notify us with in 7 days of the date of delivery, giving full details of any such shortages or damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith.
- In all cases were Goods are returned You must quote the delivery note number.
- Where we accept that there has been a shortage in Goods despatched or the Goods have been damaged in transit, We shall replace such Goods at previously invoiced price.
- Order cancellation can only be accepted after prior negotiation and agreement. On no account will cancellation be accepted for items ordered specially by Us on Your behalf.
Copyright and Patents
- Products offered may be the subject of patents, copyright, design, trade mark or other intellectual property rights. We make no representation or warranty as to whether You use of or dealing with Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, We do not grant nor purport to grant You a licence, permission or authority in respect of such rights and You acknowledge agree to satisfy Yourself in respect of such matters. We accept no liability for infringement of any such rights.
- Reproduction in part or whole of this web site without our prior written consent is strictly prohibited.
- Unless otherwise specified and subject to clauses 8.2 and 8.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of despatch(the 'Guarantee')
- The Guarantee above is given provided that:
- that you notify us in writing upon discovery by You that Goods are defective due to faulty materials or workmanship;
- the Goods in question to which the claim refers are returned to us within 12 months from the date of despatch suitably packed, carriage prepaid with proof of purchase (copy of delivery note or invoice) together with details of the defect.
- examination by Us of the Goods confirms that the defect has not been caused by misuse, neglect, incorrect storage, faulty installation, handling, alteration or accidental damage under test.
- We are not liable under this Guarantee for any defect:
- fair wear and tear, wilful damage, negligence, misuse, repair of the Goods without Our approval
- any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose:
- any use of the Goods in conjunction any other item were such item causes or gives rise to the alleged defect:
- any use of or dealing with the Goods which is not in accordance with the manufacturer's operating or user instructions or failure to service or maintain the Goods in accordance with the manufacturer's instructions.
- The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.
- Software programs are supplied by Us on the strict understanding that the licensor/supplier does not guarantee the contents to be free of errors, bugs or omissions
- Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at Our option for any Goods returned within the Guarantee period.
Limitation of Liability
- Subject to clauses 9.3 and 9.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether expressed or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular We make no representation or warranty , that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods.
- Subject to clauses 9.3 and 9.4 and to the Guarantee given in accordance with clause 9 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as a direct, indirect or consequential result of the Goods either not being satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss damage or expense and/or in respect or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.
- Clauses 9.1 and 9.2 do not apply where You deal as a Consumer in accordance with section 12 of the Unfair Contracts Terms Act 1977 and to the extent that that such exclusion is not permitted in accordance with the Provisions that Act. Your statutory rights remain unaffected by anything in these conditions.
- Nothing in these Conditions shall limit Our full liability in respect of death or personal injury caused by Our own negligence or under Part 1 of the Consumer Protection Act of 1987.
- We shall not be liable for incidental or consequential damages for breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
Data Protection Act
- Information provided to us will only be used to manage your account and for credit and security checks.
- Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated , electrical ratings represent safe working limits.
- We shall not be liable to You for any delay or failure to perform our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including(without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
- If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
- Warwick Test supplies operate a Quality Management System to BS EN ISO9001:2000
- We reserve the right to discontinue supply of any product, or make changes to product specifications without prior notice , as part of Our process of continuous process of service/product improvement. All images and information contained in this web site and any of Our other publications are correct to the best of Our knowledge and are for illustration only.
- This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentations made by either party?
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with it.