Terms of use

Any description given by us of the goods is given by way of identification only and the use of such description shall not constitute the contract a sale by description. Davanwood UK reserves the right to change, vary, improve or modify any description or goods/products and or services without notice.
Any quotation, if not previously withdrawn, will be held firm for any order made pursuant to it within 30 days of its date. Subject to this, all orders are accepted for execution at prices current at the date of dispatch subject to change without notice by us.
Listed prices are subject to change or withdrawal without notice by Davanwood UK. No discounts will apply other than those set out in our standard price list.
Terms of payment are strictly nett "cleared funds" with order unless a credit account has been approved with us.
Where a credit account has been established with us, payment must be made within the agreed credit terms.
We reserve the right at our discretion to refuse to establish a credit account for any "BUYER", to refuse credit to any "Buyer" notwithstanding that a credit account may have already have been established and to withdraw established credit account facilities without notice or reason.
Without prejudice to our other rights, interest at three per cent per calendar month (charged on a daily basis) shall be payable for any payment(s) which are more than 30 days overdue until actual payment is received of cleared funds.
Davanwood UK reserves the right to charge any "BUYER" for bank charges incurred as a result of the "BUYERS" funds being unavailable and to additionally charge an administration fee not exceeding £50 + vat to cover company time and costs incurred
These Conditions shall apply to all contracts for the purchase of Goods by the Buyer from Davanwood UK to the exclusion of all other terms and conditions. English law applies at all times, including any terms or conditions which the Seller may purport to apply under any sales offer or similar document.
Despatch or delivery of the Goods by the Seller to the Buyer shall be deemed conclusive evidence of the Seller's acceptance of these Conditions.
Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Davanwood UK
The relaxation and or waiver by us of these conditions on any occasion shall act merely as a waiver on that occasion and shall not affect our right to enforce any of these conditions on any subsequent occasion in the future.
Any variation of these conditions must be confirmed in writing by us and will not otherwise be valid. No order shall be deemed to have been accepted by us unless it is accepted by us in writing on headed paper.

Errors

No contract shall be invalidated because of printing or clerical errors.

Deliveries

Any time or date quoted by us for delivery is given and intended as an estimate only, whilst every effort will be made to meet all estimates of delivery.
For delivery, we shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.
Non-delivery within 3 days of the date of dispatch must be reported immediately in writing to us on your headed paper.

Cancellation of goods or services

In the event of cancellation of this order we reserve the right without prejudice to charge up to 100% for stock held by us pending shipment, and up to 100% for the remaining balance(s). We may also impose a back charge for part cancellation if the reduction reported immediately in writing to us.

Inspection and reciept of goods

When the Buyer examines the goods before delivery is effected, he shall have no further right to inspect upon arrival other than to notify us of any loss or damage in transit.
When goods are delivered to the Buyer without previous examination by him, he shall inspect them immediately on arrival and shall inform us immediately upon such inspection give us written notice of any matter by reason of which he may allege that that the goods are not in accordance with the contract.
If the Buyer shall fail to give such notice the goods shall be deemed in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for them accordingly, see also out shipping, receipt and returns policy which also forms part of our terms and conditions.

Markings and numbers

The Buyer shall not remove, alter or otherwise interfere with the marks or numbers on any goods supplied by us.

Passing of ownership and risk

Not withstanding delivery to the buyer, the company shall be legally and beneficially entitled to the ownership of the goods until payment of all debts owed by the buyer to the company.
Until such payment, and subject to the following provisions, the buyer holds the goods as guardian of the company and owes to the company the normal fiduciary obligations of a bailee by way of custody in respect of the goods and or services.
In so far as the buyer shall, or shall purport to, offer for sale and sell the goods, it shall do so only at the best obtainable price in the ordinary course of its business as principal and not as agent for the company.
The company shall, by reason of the said relationship of bailment between the buyer (as bailee) and itself (as bailor), be and remain legally and beneficially entitled to the proceeds of sale and the buyer shall pay such proceeds of sale into a separate account or, otherwise, shall ensure that all the proceeds of sale are kept by or on behalf of the buyer in a separate and identifiable form. The proceeds shall not be paid into an overdrawn bank account. Upon receipt of the proceeds of sale, the buyer shall discharge the debt due to the company and shall not use or deal with the proceeds of sale in anyway whatsoever until such debt has been discharged.
The company retains ownership in the goods delivered as against the buyer until the full purchase price and/or all debts owed to the Company have been paid. If any of the goods is incorporated in or used as material for other goods before payment to the company, the property in the whole of those goods shall be and remain with the company until payment shall have been received or the other goods have been sold and all the company's rights under this agreement in the material shall extend to those other goods. The company's right to the material and/or the other goods is recognised in this agreement and it is the intention of both parties that ownership of that material and/or goods shall vest in the company.

Default

Notwithstanding delivery and solely for the purposes of securing payment of all outstanding invoices due to the Seller by Buyer in the event of Buyer entering into liquidation, having a winding-up order made against it or having appointed a receiver of its assets, income or any parts thereof, the goods sold there under shall remain the absolute property of Davanwood UK until payment of all amounts invoiced by Davanwood UK to the Buyer and outstanding from time to time or until the goods are resold to Buyer whichever is the earlier.
Where Buyer uses the goods in the manufacture of other products, the absolute property in such products shall pass to Seller from the time when the goods are so used until payments of all amounts invoiced by Seller to Buyer and outstanding from time to time or until the products are sold by the Buyer whichever is the earlier, but all risk in such products shall be borne by Buyer. Buyer agrees to store such goods and products in such a way that they are readily identifiable as the property of Seller. In the circumstances defined in this condition.
Davanwood shall be entitled immediately after giving notice of its intention to reposes, to enter upon the premises of Buyer or his agents and customers with such transport as may be necessary and reposes any goods or products to which it has title there under.
Nothing in this condition shall confer any right upon Buyer to return the goods sold hereunder or to refuse or delay payment therefore, unless otherwise agreed.

Defective goods

If any goods are or become faulty or defective by reason only of the use of defective material or faulty workmanship within a period of 30 days from the date of delivery, we will (at our option) either refund the price of such goods or replace or repair such goods provided that the Buyer shall have notified us in writing of the fault or defect in the goods and shall have returned the faulty or defective goods to us for inspection and or testing within the period of 30 days from date of delivery. Such liability is in place of any other conditions or warranties, are, to the extent permitted by law, hereby expressly excluded to the intent that save as provided above, we shall have no liability to the Buyer or to any third party in respect of any loss of or defect in the goods supplied or in respect of any personal injury or damage or loss of any kind, directly or indirectly attributable to faults in such goods, and the Buyer agree and will indemnify us against any such claims.

Lien

In the event of the Buyer's insolvency we shall be entitled (in addition to any lien arising by law) to a general lien on all the Buyer's goods in our possession (although the same or some of them may have been paid for) for any money due either in respect of such goods or in respect of any general or particular balance of other money due from the Buyer to us, whether under the same or any other order.

Termination of liability

We shall be relieved of all liability for obligation incurred to the Buyer whenever, and to the extent to which, the fulfillment of such obligation is prevented, frustrated or impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any Government department, Council or any other duly constituted authority or by reason of any strikes, combination of workmen, lockouts, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond our control.

Law

These conditions and the contract and all matters pertaining thereto shall be governed by English Law, and the English Courts shall have jurisdiction in relation there to.