Terms and Conditions

Definition and construction

“The Seller” shall mean Wagtech International Limited, any associated company or subsidiary thereof or any duly appointed agent. These conditions shall be deemed to be incorporated in any contract between the Purchaser and the Seller and shall be construed in accordance with the provisions of English Law prevailing at, on or after the day any order has been accepted by the Seller. Any disputes which may arise in relation to a contract shall be referred to a single arbitrator (who shall act as an expert and not as an arbitrator) in accordance with the Arbitration Act 1950 or any statutory modification on re-enactment thereof for the time being in force: the decisions of such arbitrator shall be final and binding upon the parties to the contract in dispute and his fees shall be borne by the party who appointed him.

1 Acceptance: All orders received shall be understood to be placed in accordance with these Terms and Conditions of Business. In accepting proprietary goods delivered by the Seller the
Purchaser shall be deemed to accept the Manufacturers Terms and Conditions of Business as if
the Purchaser had been dealing directly with the Manufacturer in addition to the conditions contained herein so far as applicable. Any other terms of business are excluded and no variation of these terms and conditions shall bind the seller unless made in writing and signed by a Director of the company with whom the order is placed.

2 Goods on Approval: Where the Seller has agreed with the Purchaser to supply goods to the Purchaser for the Purchaser’s approval prior to acceptance then if the Purchaser decides he does not require the goods he must return them at his own expense to the Seller in good order and condition within 30 days of receipt failing which the Purchaser shall be deemed to have accepted the goods within the Terms and Conditions hereof and shall be bound to pay for the same accordingly.

3 Prices: All quoted prices are ex-warehouse unless expressly specified to the contrary and are subject to alteration without notice. The Seller reserves the right to invoice goods at prices prevailing at the date of despatch plus value added tax (if appropriate) at the appropriate rate.

4 Quotations: All quotations are subject to confirmation. The right is reserved to correct any errors or omission and to re-quote at prices prevailing at the date of despatch in accordance with Section 3 hereof. A quotation expressed to be for a fixed price remains open for acceptance by the Purchaser within the period stated in the quotation or, if no period is stated, within 30 days of the date of the quotation irrespective of when the quotation is received by the Purchaser.

5 Delivery: Whilst every effort is made to adhere to delivery dates, no liability whatsoever can be
accepted for lateness of non-delivery howsoever arising. Deliveries offered ex-stock are subject to
goods being unsold at the date of receipt of the Purchasers order. The seller reserves the right to
charge for delivery unless otherwise agreed and stated in writing in respect of individual transactions. Liability for any loss or damage in transit howsoever caused is not under any circumstances admitted to the Seller.

6 Delay: Whilst every effort will be made to adhere to delivery dates, delay or failure to maintain a delivery date shall not entitle the Purchaser to rescind or cancel any order or withhold any payment that may be due.

7 Minimum Order Value: The minimum order value for payment in advance or account is £250.00. Any order below this value is subject to a £50 administration fee. The mimum order value for payment by letter of credit is £1000.00.

8 Cancellation: The Seller shall be under no obligation to accept amendment, cancellation or rescission of any order or any part thereof, but may nevertheless agree in writing to such amendment, cancellation or rescission upon whatever terms and conditions it chooses to impose.

9 Returned Goods: Items correctly supplied against an order but subsequently returned as no longer required or cancelled too late to halt delivery, at the discretion of the Seller may be returned, at the Purchasers expense, for credit providing the goods are in an unused condition and in the original packing. A restocking charge will be levied for this service. Before returning any goods to our warehouse, approval for such action must be first obtained from an identified member of our sales/customer service staff who will take down details in event of our agreeing to the return, you will then be given a unique goods return number. This goods return number must
accompany any goods returned and be included in any paperwork sent to us. If you omit to include this number the returned goods will not be accepted by the seller and will be returned to you at your expense. All returned goods must include all accessories e.g. AC/DC adaptors. Once approval for the return has been given, the goods must be received by the seller within 3 weeks.

10 Warranty: Goods are only guaranteed to the extent of the guarantee (if any) given to the Seller by the actual manufacturers, all other conditions, statements and warranties, express or implied, statutory or otherwise on the part of the Seller are hereby excluded.

11 Title:
(a) The title in goods sold to the Purchaser by the Seller shall not pass to the Purchaser until all sums due to the Seller from the Purchaser (whether in respect of those goods or otherwise) have been paid to the Seller. If the Purchaser defaults in paying any such sum the Seller shall be entitled to take such action against the Purchaser as it may be entitled in law or in equity without further reference to the Purchaser. (b) The Purchaser shall have the right before title in the goods has passed, to resell the goods or any part thereof but shall pay to the Seller the proceeds of sale
or such part thereof as may be necessary to pay all sums due to the Seller from the Purchaser and until such payment shall hold the proceeds of sale on trust for the Seller. (c) Notwithstanding subclause (a) of this clause, the goods shall be at the Purchaser’s risk from the time they are delivered to the Purchaser.

12 Dangerous chemicals and poisons: Chemicals should be handled and used only by trained personnel or under appropriate supervision. No responsibility or liability whatsoever is accepted for any loss arising out of the storage, use or handling of chemicals howsoever caused. The sale of poisons is regulated by the Pharmacy and Poisons Act 1933, the Poisons List and the Poison Rules and amending legislation from time to time laid or made by any competent authority.

13 Orders: No order can be accepted unless all necessary arrangements have been made to the
satisfaction of the Seller regarding import and export licenses and for the provision of payment.

14 Terms of payment:
(a) Prices are strictly net and unless other terms have been arranged and agreed in writing by the Seller no deductions can be allowed. The right is reserved (i) to request a remittance with an order, (ii) where new accounts are involved, either to request two trade and Banker’s references or to issue Pro-Forma invoices and (iii) to charge interest on any balance from time to time outstanding and due to the seller at 5% per annum over and above the Base Rate from time to time charged by Clydesdale Bank Plc. For purchasers enjoying a trading account with the Seller, payment must be received by the Seller within 30 days of the invoice date. If payment has not been received by this time the Seller reserves, in addition to the rights above, the right to suspend further supplies of goods until the overdue amount is cleared. (b) Orders from Purchasers outside the United Kingdom must be covered by an Irrevocable Letter of Credit to cover the purchase price, shipping and other additional costs or charges confirmed by a London
Clearing Bank (or a London Merchant Bank subject to the prior written approval of such bank by the Seller) unless other arrangements have been made and agreed in writing. Letters of Credit should allow for part payments and shipments and in the case of orders including chemicals should permit deck or special stowage.

15 Delivery and delay: All orders for overseas shipment are accepted in accordance with the conditions herein before contained, it being understood and agreed that delivery time is the Seller’s estimate of the time by which it can have the necessary goods packed and ready for dispatch. The Seller cannot accept any responsibility for delays in despatch caused through non-availability of shipping space and/or other causes beyond its control.

16 Damage and/or Loss in transit and Insurance: (a) the Seller accepts no responsibility for goods
shipped uninsured and shall not be obliged to claim in respect of damage or loss where, at the
Purchaser’s request, insurance arrangements have been made other than the Seller’s own open cover with it’s insurers for the time being. (b) Unless the Seller is specifically instructed otherwise,
goods will be insured only against loss or damage in transit for the C.I.F value plus 10%. (c) All claims under the Seller’s insurance must be notified in writing to the Seller within 45 days from
point of discharge.

17 Import Licenses: Where applicable, the Purchaser’s order must specify the number, date of expiry and value of the Import License. It shall be the Purchaser’s responsibility to obtain all necessary Import Licenses.

18 Bank Charges, Special Documentation, Fees and Duties: All consular and bank charges, import
and customs duties and any taxes arising from or by virtue of the contract and its settlement are the liability of the Purchaser unless specifically agreed in writing by the Seller.

Website Terms and Conditions

By using the Wagtech website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Wagtech’s relationship with you in relation to this website.

The term ‘Wagtech’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is: 10, St Ann Street, Salisbury Wiltshire, SP1 2DN. Our company registration number is: 02296299, registered in England and Wales. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without Wagtech’s prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

If you have any queries, then please contact us:

Wagtech International Ltd (HQ)
Wagtech Court
Station Road
Thatcham
Berkshire
RG19 4HZ

Tel: +44 (0) 1635 872929
Fax: +44(0) 1635 862898
Email: info@wagtech.co.uk