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Terms & Conditions Of Sale

1. Unless otherwise expressly agreed in writing by the Seller (WTL plc) no goods or services shall be supplied by the Seller to the Buyer except in accordance with these conditions, which supersede any earlier sets of conditions appearing in the Seller’s catalogues or elsewhere. The conditions shall constitute the entire terms and conditions of the contract between the Buyer and the Seller and, in the event of any conflict, these conditions stipulated incorporated or referred to by the Buyer whether in the order or in any negotiations or otherwise.

2. The seller’s employees or agents are not authorised to make any representations concerning the goods or services unless confirmed by the seller in writing. In entering into the contract, the buyer acknowledges that it does not rely on any such representations, which are not so confirmed. Any advice or recommendation given by the seller or its employees or agents to the buyer or its employees or agents as to the storage, application or use of the goods or services which is not confirmed in writing by the seller is followed or acted upon entirely at the buyer’s own risk, and accordingly the seller shall not be liable for any such advice or recommendation which is not so confirmed.

3. Prices quoted by the Seller to the Buyer will be valid for seven days from the date of the quote, or as otherwise specified on the quote. WTL Plc reserves the right to increase prices, packaging and specifications without prior notification. In the event that the goods or services specified on a quotation are unavailable, the Seller may supply alternative goods or services of a similar or equivalent nature as may be agreed with the Buyer and in the absence of such agreement, may cancel without penalty the Seller’s obligation to deliver such of the goods or services as are unavailable. VAT is to be added to prices quoted for mainland UK and Northern Ireland.

4. Any time or date named by the Seller for delivery of any goods or services is given as a forecast in the light of prevailing conditions and is given and intended as an estimate only. If notwithstanding the Seller’s best endeavours the Seller fails to despatch or deliver the goods or services by such time or date, such failure shall not constitute a breach of the contract and the Seller shall not be liable to the Buyer to make good any damage or loss whatsoever whether arising directly or indirectly out of any delay in delivery. In the event that for any reason the Seller is unable to supply any goods or services on or at the time or date named for delivery, such time or date shall be postponed for a reasonable time.

5. Where the goods or services are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.

6. The Buyer shall inspect the goods or services immediately upon delivery thereof to him and shall: i. on goods or services delivered outside England and Wales within 14 days or, ii. on all goods or services delivered within England and Wales within 7 days carry out such inspection and give notice in writing to the Seller of any matter, thing, defect or shortage by reason of which he alleges that the goods or services are not in accordance with the contract.

7. Save in respect of death or personal injury arising from the negligence of the Seller its servants or agents, the Seller shall not be liable for any claim or claims for direct or indirect consequential or incidental injury, loss or damage made by the Buyer against the Seller whether in contract or tort (including negligence on the part of the Seller its servants or agents) arising out of or in connection with any defects in the goods or services or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of contract or breach of a fundamental term thereof) of the Seller its servants or agents in the performance of this contract. If the Seller is found to be liable or admits liability the liability should be limited to the value of the invoice to which the claim relates.

8. The Buyer accepts that the person acknowledging receipt of goods or services from the Seller is a customer, employee or agent and the signature on the appointed carriage delivery note or completion papers is legal proof of delivery of the goods or services.

9. In the event that the Buyer fails for any reason to accept delivery of the goods or services, the Seller shall be entitled to store the goods or withhold the services until the actual delivery date and the Buyer shall be liable to the Seller for the reasonable costs of storage and insurance.

10. No order that has been accepted by the seller can be cancelled. Goods may not be returned by the Buyer to the Seller without prior written agreement. Any such goods must be returned accompanied by a goods returns note stating the Sellers advice note number and invoice number on which the goods were originally supplied. Where a handling charge or restocking charge applies this will be notified by the Seller to the Buyer in writing prior to return of the goods.

11. All accounts are payable on demand. In the absence of demand, payment in full for the goods or services supplied shall be made by the Buyer to the Seller on or before the 28th day following the date of the invoice, or as expressly stated under payment terms on the invoice, or as agreed otherwise in writing. Furthermore, the Seller shall be entitled to charge interest at the rate of 4% above Bank of England base rate, per month upon all overdue balances. The Seller shall also be entitled to charge such reasonable costs as it may incur in recovering any overdue balances.

12. The time within which the Buyer is to pay for the goods or services shall be of the essence of this contract and in the event that the Buyer shall fail to make payment by the due date, all sums due to the Seller from the Buyer under this or any other contract for the supply of goods or services shall forthwith become due and payable to the Seller.

13. The risk in respect of all goods or services sold under this contract shall pass to the Buyer upon receipt of the goods or services from the Seller.

14. Title in the goods or services shall not pass until the purchase price of the goods or services has been paid or satisfied in full under this or any other contract, if by cheque then only on clearance, notwithstanding the delivery of the same and the passing of risk therein. The Buyer shall store the goods in such a way that they can readily be identified as being the Seller’s property.

15. The Seller retains a general lien on any of the Buyer’s equipment or other goods or services in the Seller’s possession for any unpaid balance the Buyer may owe to the Seller.

16. The Seller shall not be liable in respect of conditions or warranties whether expressed or implied, that have not been confirmed by them in writing. The Seller shall not be liable in respect of consequential loss.

17. During the term of this agreement and should the agreement terminate, for a period of twelve months from the date of the last order, neither party will employ or solicit for employment any member of the others personnel connected with the performance of this agreement.

18. This contract shall be governed by English Law and the parties hereto shall submit to the sole jurisdiction of the English Courts.