Privacy & Terms

These conditions shall govern the contract to the exclusion of any other terms or conditions. · The parties hereto are Weschenfelders, a Company registered in England and the Buyer. · No variation to these terms and conditions is valid unless agreed prior to the contract in writing and signed by a director of Weschenfelders· The contract shall be governed by the laws of England.

ORDERS

Orders are only accepted from persons 18 or over regardless of payment method.
Sales on our website shall be subject to the jurisdiction of the English Courts and governed by English Law.· No order shall be deemed accepted by Weschenfelders until such acceptance is confirmed in writing by Weschenfelders· The buyer shall be responsible for the accuracy and product compatibility of an order, and for giving Weschenfelders any information necessary to fulfil the order.· Orders are accepted at the price given at the date of order. Any quote that is out of date must be reconfirmed prior to an order being accepted. · Weschenfelders reserves the right to refuse an order.

Weschenfelders reserves the right to vary prices at short notice. Any price changes will be notified to the Buyer as soon as is reasonably possible. · No order accepted by Weschenfelders may be cancelled by the buyer except with the agreement in writing of Weschenfelders and on terms that the buyer shall indemnify Weschenfelders against all loss, costs and expenses incurred by Weschenfelders as a result of cancellation.

Any order placed shall be deemed evidence of the buyers acceptance of these conditions.

Weschenfelders accepts no responsibility for any information published on 3rd party web sites, even if they may be accessible via an external link.

Please ensure you know the products and specification of the items you are buying, as we do not warrant the suitability or compatibility of goods for a particular purpose.

Goods are not sold on a trial basis.

No cancellation of any order, in full or in part, is acceptable unless a director of Weschenfelders agrees to the cancellation in writing. The Buyer will give a full indemnity to Weschenfelders.

PRICE

All prices quoted are inclusive of taxes, unless otherwise stated.

All goods are supplied subject to the terms and conditions of warranties and licences of the original developers and manufacturers.

Weschenfelders makes no warranty as to the suitability or otherwise of the products supplied. Weschenfelders accept no responsibility for any damage or loss, arising directly or indirectly, from the use of any product supplied by them, including any loss arising by reason of any failure of the goods to comply with the specifications provided by the Buyer.

Furthermore Weschenfelders will not be liable in Contract or in Tort for any damage arising directly or indirectly out of the supply from Weschenfelders of the goods or of the packages by which the goods are delivered. · Where goods are to be delivered in instalments, each delivery shall be a separate contract and failure by Weschenfelders to deliver or any claim by the buyer in respect of any instalment shall not entitle the buyer to repudiate the contract as a whole.

SHIPPING

Weschenfelders will accept no responsibility for any loss or damage in transit. Any loss must be notified to Weschenfelders within 48 hours with notification also being given to the couriers.

Delivery dates are given in good faith but are not guaranteed, and Weschenfelders will not be liable for any loss or damage occasioned by failure to deliver on the specified date. Any failure to delivery on the specified date shall not be deemed to be a breech of the Contract. · Any refusal of the Buyer to accept delivery (either part or whole) shall permit Weschenfelders to consider the Contract as repudiated by the Buyer and to decline to make any further deliveries without prejudice to Weschenfelders right to recover damages for breach of contract. · Weschenfelders reserves the right to make deferred or partial deliveries. In the event of failure to accept any delivery the balance remaining undelivered shall be invoiced with payment becoming due immediately and storage costs charged to the Buyer, the goods being held at the Buyers risk.

PAYMENT

Where credit is given, payment is to be made strictly in accordance with the terms agreed in writing, and within 30 days of delivery.

If a cash discount is given VAT is calculated on the discounted price.

All shipping charges are charged as extra, regardless of invoice value.

Interest at 2.5% per month (or part thereof) will be payable by the Buyer to Weschenfelders on any overdue payments.· The rendering of payments by the Buyer at the stipulated time shall not be affected by the existence of any defect, whether or not such defect is the subject of a claim.

Any bank or other charges (including, but not exclusively, transfer charges, costs of cheques not being honoured etc.) are the responsibility of the Buyer.

If the Buyer shall fail to make any payment when it becomes due or shall enter into composition or arrangement with its creditors, or if being an incorporated company it shall have a Receiver appointed or shall pass a resolution for winding up or a Court shall make an Order to that effect or if not being an incorporated company it shall have a Receiving Order made against it or if there shall be any breach by the Buyer of any of the Terms and Conditions hereof, Weschenfelders may, without prejudice to its other rights and remedies defer or cancel any further deliveries.

We reserve the right to impose an administration charge of £25 should any payment not be honoured by the buyers bank.

TITLE

Title of the goods shall only pass to the Buyer upon cleared payment to Weschenfelders.· Should the Buyer remain in default of any payment for which the Buyer is liable to Weschenfelders. Weschenfelders reserve the right to decline to make any further deliveries irrespective of which Contract with the Buyer they spring from, and to rescind the Contract in question without judicial interposition, all this without prejudicing Weschenfelders right to full compensation and without prejudicing Weschenfelders right to take back at once from the Buyer goods which by virtue of this clause are still Weschenfelders property.

The Buyer shall store all goods delivered by Weschenfelders but for which payment has not been made, in such a way as to be clearly separate and identifiable from the Buyers other goods and products and the Buyer hereby grants to Weschenfelders, its servants or agents the right to enter on to the Buyers premises for the purposes of recovering such goods at any time until payment has cleared.

Notwithstanding the above, if the Buyer shall sell any goods delivered in such a manner as to pass to a third party a valid title to the goods, the Buyer will hold the proceeds of such sale upon trust for Weschenfelders; providing that nothing herein shall constitute the Buyer being the agent of Weschenfelders for the purposes of any sub-sale and also providing that the Buyer shall not be entitled to sell such goods after the appointment of a Receiver to its property, or it has been placed in liquidation, or, not being a company, has committed an act of bankruptcy.

The Buyer shall assume the risk of loss from the date of delivery and must rely upon its own insurance from that date.· Any goods supplied to the Buyer, which are subject to restrictions or provisions imposed by manufacturers licence conditions are supplied to the Buyer by Weschenfelders subject to any licence agreement. · Until property passes, the buyer shall hold goods as Weschenfelders fiduciary agent and bailee. The buyer shall be entitled to re-sell or use the goods in the ordinary course of business, but shall account to Weschenfelders for the proceeds of sale, including insurance proceeds, and keep all suck proceeds separate from any other monies. Otherwise the buyer shall keep the goods separately stored, protected, insured and identified as Weschenfelders property, and Weschenfelders shall be entitled to repossess them at any time and for that purpose to enter on any premises where they are stored of offered for sale.

If the buyer makes any voluntary arrangement with its creditors, becomes subject to an administration order, becomes bankrupt, or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or if an encumbrance takes possession, or a receiver is appointed, of any of the property of assets of the buyer, or it the buyer takes or suffers any similar action in consequence of a debt, or it the buyer ceases, or threatens to cease, to carry on business, Weschenfelders may cancel or suspend the contract without liability to the buyer.

DEFECTIVE GOODS

Weschenfelders reserves the right at their sole discretion to decide whether any goods are defective. Defective goods will be replaced or rectified by Weschenfelders as originally ordered. If this is not practicable Weschenfelders will credit the value of the goods at the invoice price provided. Any claim for defective goods must be made within 7 days of delivery. All transport charges arising hereunder are the responsibility of the Buyer. Any defects discovered in any delivery shall not entitle the Buyer to rescind the remainder of the contract.

Returns may only be made after a valid returns authorisation number has been provided by Weschenfelders. This number must be displayed on the outside of any packaging. Weschenfelders will not accept delivery of any goods returned without this.

The seller reserves the right to charge a re-stocking fee of 20% for any items received by us which later prove to be non-defective.· All goods returned should be complete with all drivers, manuals/documentation and accessories.· In line with other Computer resellers we do not accept returns of software packages unless the software is unopened and the software seals are intact.

INSTALLATION, MAINTENANCE & SUPPORT

If the quotation specifically includes installation of the goods, then the Company will endeavour to do so as soon as practicable after delivery but does not accept liability for delay in installing the goods, unless specifically agreed in writing by the Company.

We will undertake commercially reasonable efforts to provide technical assistance under this agreement, but do not guarantee that all problems will be solved or that any item will be error free.

FORCE MAJEURE

Weschenfelders will attempt to deliver at the rate and in the time scales specified in the Contract, notwithstanding anything to the contrary expressed or implied in this Contract. Weschenfelders shall not be liable for any loss or damage which may be sustained by the Buyer through failure on the part of Weschenfelders to deliver at the rate or within the time specified in this Contract, for any loss or damage incurred by reason of act of God, war, riots, fires, strikes, lockouts, cessation of labour, trade disputes, breakdowns, accidents of any kind or any other cause whatsoever beyond the control of Weschenfelders. Weschenfelders shall be entitled to recover all