a) These terms and conditions shall apply to all contracts for components manufactured, or work done by the Welditz Ltd, and purchased by any Customer (hereinafter referred to as the, “Client”).
b) These terms and conditions shall constitute the whole agreement between Welditz Ltd. and its’ Clients, and may not be modified, or varied unless specifically accepted by Welditz Ltd. in writing.
c) Each order received and accepted by Welditz Ltd. shall be deemed to be a separate Contract to which these conditions of sale shall apply.
a) Quotations are submitted by Welditz Ltd. upon Clients’ request but there is no obligation for either party until Welditz Ltd. accepts the Client’s order. Quotes are in Euro’s and exclusive of V.A.T.
b) Unless otherwise stated, the maximum validity of a quotation shall be 5 days, unless otherwise specified. Unit prices are subject to change. Please state quotation numbers in all correspondence.
c) The Client must examine the quotes to ensure that all the information is correct because errors may not be able to be rectified later.
d) The estimated lead time is EX works Donegal, and will be confirmed on placement of an order, if requested.
e) Please advise beforehand if flatness, specific dimensions, material grade, surface finish or otherwise are critical.
d) The material used in manufacture is supplied by Welditz Ltd.. Free Issue material supplied by a Client is processed at the Client’s risk.
e) Please advise on ordering if material certificates are required as they may not be able to be provided later.
f ) Any alterations, amendments or cancellations must be notified in writing by email.
g) If the profiled cut parts are required for a project that requires BS EN 1090-1 compliance (CE marking), you must specify this at the enquiry stage, so that the required procedures can be applied to meet the relevant legislation.
h) If the quantities change from the requested enquiry, the prices of all parts may change.
i ) If only certain parts are ordered after the initial enquiry, then the unit price may not stay the same.
j ) If you require your job sooner than the estimated lead time provided, then a surcharge will apply (based on our ability to produce the job sooner).
k) Welditz Ltd. reserves the right to increase the price of goods agreed to be sold, in proportion to any increase of costs to
Welditz Ltd. between the date of acceptance of the order, and the date of delivery, or where the increase is due to any act of default of the Client, including the cancellation, or rescheduling by the Client to any part of any order.
l) Welditz Ltd. reserves the right (without prejudice to any other remedy) to cancel any uncompleted order, or to suspend delivery in the event of any of the Client’s commitments with Welditz Ltd. not being met.
In the event of the cancellation by the Client of an order, whether a Purchase Order is received or an “approved go-ahead” submitted by email, the Client shall then be liable to a cancellation charge, and to make reasonable and fair compensation to Welditz Ltd. for any expenditure of money, materials and manpower incurred by Welditz Ltd. in the execution of the order against all contractual liability. Any cancellation must only be made by the written approval of Welditz Ltd.
a) Any delivery date quoted is only an estimate, and not of the essence. Welditz Ltd. will use its best endeavours to meet any delivery date that has been acknowledged. However, it accepts no liability, and responsibility for any delay in the delivery, or failure to deliver.
b) Delivery of the goods by a carrier for transmission to the Client, or the prior delivery of the goods to the stipulated place of delivery, shall constitute delivery to the Client. The risk therein shall, upon such delivery pass to the Client.
c) If the goods are not received by the Client within seven days from the date of the relevant invoice, Welditz Ltd. must be immediately informed.
d) Unless otherwise agreed in writing, Welditz Ltd. shall be entitled to make partial deliveries by instalments, and the terms and conditions herein contained shall apply to each partial delivery.
e) The Client shall not delay any requested delivery times stated in the contract without the prior written agreement of Welditz Ltd.
a) All prices and charges quoted by Welditz Ltd. are in Euro’s and exclusive of VAT, unless otherwise stated.
b) Payment for the goods or services is due within 30 days from the invoice date, unless otherwise agreed by prior arrangement. Welditz Ltd. having despatched the goods to the Client, and discovering payment has not been made (for instance if a cheque is dishonoured) then interest at 1.5% per month may be charged on any outstanding amount from said due date of payment until payment is made in full, such interest to accrue on a daily basis.
c) Welditz Ltd. goods that are found to be defective when returned to Welditz Ltd. within the warranty period, may be repaired, or replaced at Welditz Ltd. discretion. Welditz Ltd. Warranty covers parts, labour and return shipping.
d) Welditz Ltd. makes no warranty of fitness for a particular purpose unless otherwise agreed. Welditz Ltd. goods are not authorised for use as critical components in life support devices, or systems without the express written consent of the Managing Director of Welditz Ltd.
a) Notwithstanding that property in goods has not passed under clause 6 hereof: the risk of loss or damage to the goods shall pass to the Client on delivery.
Absolute property of the goods shall remain with Welditz Ltd. until:
a) Welditz Ltd. has received payment in full of the invoice, and any additional sums due under which the goods are supplied.
b) For these purposes, Welditz Ltd. has only received a payment when the amount of the payment is irrevocably credited to its account.
c) Subject to clause 6(a), Welditz Ltd. shall retain title to the goods where the goods have been attached to any other product not owned by Welditz Ltd. provided the goods are readily identifiable or separable from the resulting composite of mixed product.
d) If the Client (who shall in such case act on his own account and not a representative for Welditz Ltd.) sells the goods prior to making payment in full for them, then the beneficial entitlement of Welditz Ltd. therein shall attach to the proceeds of such sale, or to the claim for such proceeds.
e) The Client shall store any goods owned by Welditz Ltd. in such a way that they are clearly identifiable as the property of Welditz Ltd. and shall maintain records of them identifying to be the property of Welditz Ltd. The Client will allow Welditz Ltd. to inspect these records, and the goods themselves, upon request.
f) In the event of failure by the Client to pay any part of the price of the goods, in addition to any other remedies available to Welditz Ltd. under these terms and conditions or otherwise, Welditz Ltd. shall be entitled to repossess the goods. The Client will assist, and allow Welditz Ltd. to repossess the goods as aforesaid and to the purpose admit, or procure the admission of Welditz Ltd. or its employees and representatives, to the premises in which the goods are situated.
a) Goods incorrectly ordered (either as type, or as to quantity) by the Client will NOT be accepted for return by Welditz Ltd. unless prior approval to such return has been given by Welditz Ltd. Such approval is given at the sole discretion of Welditz Ltd. and if given, may be subject to a payment by the Client to cover the administration costs of Welditz Ltd.
b) In the case of any damage to goods in transit, the Client must notify Welditz Ltd. within 3 days after delivery.
c) Welditz Ltd. shall not be required to replace any Goods damaged in transit, and the Client shall be obliged to pay for them, if the
Client does not comply with this notification requirement under clause 8(b).
a) Welditz Ltd. warrants that all Welditz Ltd. manufactured goods produced will be free from defects in materials and workmanship for a period of twelve months after delivery hereby known as, (“The warranty period”).
The original invoice number from Welditz Ltd. under which the defective goods supplied must be quoted for this purpose. Welditz Ltd. may be willing to quote for, and agree to an extension to the 12-month period, but will do so only by strict negotiation.
b) The said warranty is contingent upon the proper installation by a suitably qualified and experienced engineer, and use of the goods by the Client, and does not cover any part of the goods which has been modified without the prior written consent of Welditz Ltd. or which has been subjected to unusual physical or electrical stress, or on which the original identification marks have been removed or altered. Nor will such warranty apply if repair or parts required as a result of causes other than ordinary authorised use including without limitation accident, hazard, misuse or failure of fluctuation of electric power, air conditioning, humidity control or other environmental conditions.
a) No liability will be accepted by Welditz Ltd. in respect of damage to, or shortage of goods. Welditz Ltd. shall also have no liability in respect of damage, or shortages caused by the acts, or omission of the Client, or of others by causes beyond the control of Welditz Ltd.
b) The liability of Welditz Ltd. to the Client in respect of defects in the goods shall only be limited to the obligations of replacements under the terms of Clause 9. Welditz Ltd. shall have no other liability whatsoever to the Client.
a) Welditz Ltd. reserves the right to reject any free issue material or products that we consider not suitable for use. (e.g. badly rusted or warped sheets).
b) Where free issue materials and products have been supplied, and the Client has decided not to proceed with the order or use, Welditz Ltd. shall at its discretion dispose of such items after a period of 12 months has elapsed without further instructions.
c) Where there are any material shortages to complete any order, then Welditz Ltd. shall notify the Client within 48 daytime working hours.
Unless it is expressly stated in the contract that any dimensional changes to repeat work contained in drawings held on the files of Welditz Ltd. or on other documents retained by Welditz Ltd. all orders will be processed to these original drawing dimensions. If dimensions are changed, then the Client will be responsible to submit the updated drawing revision prior to commencement of any order. Welditz Ltd. will use its best endeavours to notify the customer of any material alterations to any standard specifications relating to the work:
b) If in the contract Welditz Ltd. expressly guarantees the accuracy of any specification, dimensions or tolerances, then in the event of the goods or work after commissioning failing to achieve and comply with, Welditz shall thereafter be entitled to a reasonable period, and to reasonable facilities for checking the specification dimension and tolerances of the goods:
c) Welditz Ltd. is prepared to give advice and guidance to prospective users of its components, but cannot accept any liability in the event of any particular application proving unsuitable for the component recommended. All advice is given on the basis that Welditz Ltd. accepts no liability in this respect. Therefore it is for Clients and prospective Clients to satisfy themselves as to the suitability or fitness of the component for the intended purpose.
Welditz Ltd. shall not be under any liability of whatsoever kind for non performance in whole or in part of its obligations under the contract due to causes beyond control of either Welditz Ltd. or its suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, acts of the customer or a third party, failure or delay in transportation, acts of any Government or any agency, or subdivision thereof, Government regulations, judicial actions, labour disputes, strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, delay in delivery to Welditz Ltd., or its suppliers, or shortage of labour, fuel raw materials, or machinery or technical failure. In any such event Welditz Ltd. may, without liability, cancel or vary the terms of contract including, but not limited to, extending the time for performing the contract for a period of at least equal to the time lost by reason of such event.
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified on the invoice or such other addresses as that party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
The unenforceability or invalidity of any clause or sub-clause of these conditions will not affect the enforceability or validity of the remainder and if any of these conditions or any part of them is rendered void, voidable or unenforceable by any legislation to which it is subject, it will be void, voidable or unenforceable to that extent and no further.
These conditions shall be governed and construed by Irish law and the Irish courts shall have exclusive jurisdiction
The headings of these conditions are for convenience only, and shall have no effect on the interpretation thereof
