Terms & Conditions of Sale

1. The seller (West Point Machine Tools) agrees to sell to the buyer and the buyer agrees to buy the machinery specified for the sum referred to on our standard quotation.

2. Terms of payment shall be as described on the item page.

3. All dimensions, weights and dates for delivery of machines stated in any offer, acceptance, catalogue or circular are approximate only and are not binding as to details.

4. Times stated for delivery are bona fide estimates only and whilst the seller will use all reasonable endeavours to meet any such time stated for delivery they shall not be liable for any delay howsoever caused. The sellers shall be entitled to withhold delivery of any goods to the buyer where at the time of delivery payment is due to the seller in respect of any other goods or services supplied to the buyer under any contract whatsoever and such payment remains outstanding.

5. Orders are accepted on the condition that if before delivery such goods are destroyed or damaged beyond repair for causes not within the sellers control and cannot be replaced the seller may cancel the order.

6. Failure by the buyer to pay for goods on the due date shall entitle the seller:
(i) to cancel the balance, if any, of the contract under which the buyer has failed to pay for the goods and to recover from the buyer damages for any loss suffered by the seller as a result of such cancellation; and/or
(ii) to cancel any other contract or balance of any other contract which the seller may have with the buyer and to recover from the buyer damages for any loss suffered by the seller as a result of such cancellation.

7. The seller shall not be liable for any defect in the goods or for any injury or loss resulting from the goods or any defect therein or for the work done in connection therewith whether such liability is due to the negligence of any servant employee or agent of the seller or otherwise.

8. In the event that the seller shall be liable to repair or replace the goods in no circumstances shall the seller's liability extend beyond the cost of repairing or replacing the goods and inparticular the seller shall not be liable for any consequential loss whether in contract tort or otherwise.

9. Property in the goods sold shall not pass to the buyer until all sums outstanding from the buyer to the seller whether in respect of the particular goods or any other goods supplied by the seller to the buyer have been paid in full by the buyer.

10. Notwithstanding that the property in the goods may not have passed to the buyer the goods shall be at the risk of the buyer from the time that they are loaded onto the carrier's transport vehicle at the seller's works or other place of storage of the goods save where delivery to the buyer is expressly agreed in writing to be at the seller's risk in which case the goods shall be at the risk of the buyer from the moment of delivery to him.

11. Until the property in the goods shall have passed to the buyer:-
(i) the buyer shall remain in possession of the goods as bailee for the seller;
(ii) the buyer shall at all times store the goods in such manner as to show clearly that they are the property of the seller;
(iii) the buyer agrees not to part with possession of the goods save with the consent in writing of the seller. In the event that such consent shall not have been obtained the full proceeds of any sub-sale shall belong to the seller to whom the buyer shall account on demand.
(iv) In the event of default in payment by the buyer on the due date for payment the commission of an act of bankruptcy by the buyer, the presentation of a petition for winding-up the buyer company or resolution of that company for voluntary winding up, or appointment of a Receiver in relation to the buyer. The seller shall be entitled at any time to enter upon any premises where the goods are kept and to remove the goods therefrom.
(v) Nothing herein contained shall constitute the buyer the agent of the seller for the purpose of any sub-sale of goods.