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THOS. WINNARD AND SONS LIMITED

Mangham Road, Barbot Hall Industrial Estate, Rotherham, South Yorkshire, England S62 6EF

Registered in England company number 396394 VAT number GB 172 6702 63

PRICING

Pricing information is supplied for guidance only, we will send a confirmation order by return confirming price and availability.

TERMS OF USE

This web site has been designed to allow registered account users to identify and order the Winnard range of products online. Depending upon the account status we reserve the right to restrict certain information within the site. All usernames and passwords are created for use by the registered account holder only. By entering this site you agree not divulge this information to any third party. Access login and site navigation will be monitored to ensure conformity. Any infringement of this condition will result in access termination and possible account closer.

COPYRIGHT

The reproduction, copying, downloading, storage, recording, broadcasting, retransmission and distribution of any of the images or digital data shown on this site is not permitted without prior written consent of Thos. Winnard & Sons Ltd. The user does not receive any, and Thos. Winnard & Sons Ltd retains all, ownership rights. All images are copyrighted and may not be copied, even if modified or merged with other data or software. The user shall not alter or remove any copyright notice or proprietary legend contained in or on the information. Thos. Winnard & Sons Ltd make all reasonable efforts to ensure that information contained in our site is as accurate as possible. However, the information provided "as is" without warranty of any kind, either expressed or implied, arising by law or otherwise, including but not limited to warranties of effectiveness, completeness, accuracy, or fitness for a particular purpose. Thos. Winnard & Sons Ltd shall have neither liability nor responsibility to any person or organisation with respect to any loss or damage arising from use of the information on this site. Copyright Thos. Winnard & Sons Ltd. 2011

DISCLAIMER

All photographs in this website are illustrated to aid product identification. The product supplied may not be of the same manufacture as that of the corresponding image and therefore may be slightly different in appearance. Our product is not made exclusively by us or indeed by any other single manufacturer and the fact that an image may appear to be from a certain source does not constitute a guarantee that it will be the product we do supply. All Original Equipment Manufacturers part numbers and names are used for reference and identification purposes only and in no case does it imply that the parts offered are Original Equipment.

CONDITIONS OF SALE

1.

Definitions

1.1

Buyer means the person who buys or agrees to buy the goods from the Seller.

1.2

Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.3

Delivery Date means the date specified by the Seller when the goods are to be delivered.

1.4

Goods means the articles which the Buyer agrees to buy from the Seller.

1.5

Price means the price for the Goods excluding carriage, packing, insurance and VAT.

1.6

Seller Thos. Winnard and Sons Limited of Mangham Road, Barbot Hall Industrial Estate, Rotherham S62 6EF.

2.

Conditions applicable

2.1

These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

2.2

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions.

2.4

Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3.

The Price and payment

3.1

The Price shall be the Sellers quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Sellers invoice.

3.2

Payment of the Price and VAT shall be due within 30 days of the date of the invoice.

3.3

Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Royal Bank of Scotland Plcs base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

4.

The Goods

4.1

The quantity and description of the Goods shall be as set out in the Sellers quotation.

4.2

The Sellers catalogue does not constitute a specification or description of the Goods and is an illustrative guide only. The Seller shall be under no liability for variances between the catalogue description and Goods supplied.

4.3

Thos Winnard & Sons Ltd cannot accept any damages or consequential costs arising from fitting the incorrect part. It is the fitters responsibility to ensure that the correct part has been supplied.

4.4

Original Equpiment Manufacturers part numbers and Names are given for reference purposes only. In no case does Thos. Winnard & Sons Ltd imply that the parts offered are O.E.M. Every effort is made to ensure that the information in this catalogue is correct however Thos. Winnard & Sons Ltd cannot be held responsible for any errors inadvertently made.

5.

Warranties and liability

5.1

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other Warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

5.2

All goods are guaranteed for 12 months or 24 000 miles (40 000Kms) from date of fitment.

5.3

The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach of contract by the Seller.

5.4

In the event of any breach of contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of the Goods.

6.

Delivery of the Goods
In the case of Goods not collected delivery of the Goods shall be made to the Buyers address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.

Acceptance of the Goods

7.1

The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.

7.2

After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

8.

Title and risk

8.1

The goods shall be at the Buyers risk as from delivery.

8.2

In spite of delivery having been made properly then the goods shall not pass from the Seller until:

8.2.1

The Buyer shall have paid the prices plus VAT in full; and

8.2.2

No other sums whatever shall be due from the Buyer to the Seller.

9.

Remedies of Buyer

9.1

Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

9.2

Where the buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respects of those Goods.

9.3

The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

10.

Proper law of contract
This contract is subject to the law of England and Wales.