Terms & conditions
These terms apply to WASP IPU Ltd.
Legal information disclaimer
Credit
1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com)
No advice
2.1 Our website contains general legal information.
2.2 The legal information is not advice and should not be treated as such.
No warranties
3.1 The legal information on our website is provided without any representations or warranties, express or implied.
3.2 Without limiting the scope of Section 3.1, we do not warrant or represent that the legal information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
No supplier-client relationship
4.1 No supplier (WASP IPU Ltd)-client relationship shall be created through the use of our website.
Interactive features
5.1 Our website includes interactive features that allow users to communicate with us.
5.2 You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
5.3 Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
Professional assistance and advice
6.1 You must not rely on the information on our website as an alternative to advice from your engine, generator, marine or similar equipment supplier or other professional services provider.
6.2 If you have any specific questions about any matter, you should consult your engine, generator, marine or similar equipment supplier or other professional services provider.
6.3 You should never delay seeking advice, disregard advice, or commence or discontinue any action because of information on our website.
Limits upon exclusions of liability
7.1 Nothing in N/A will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
Terms and conditions relating to this website
Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
Cookies
Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.
Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website
Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Restricted access
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
Registrations and authorisations
We are registered with Companies House. You can find the online version of the register at http://www.companieshouse.gov.uk
Our details
WASP IPU Ltd is a company registered in England and Wales
Registered address is Faulkner House, Victoria Street, St Albans, AL1 3SE
VAT reference number GB468170375
You can contact us by email sales@wasp.co.uk
WASP IPU Ltd, conditions of supply
General
1. These terms and conditions of supply (hereinafter referred to as the Conditions) form part of any agreement for the sale of products and related services (hereinafter referred to as the Products’) by WASP IPU Ltd (hereinafter referred to as WASP’) to the purchaser of the Products.
2. Unless expressly agreed in writing by WASP these Conditions will prevail over any conflicting terms and conditions purportedly applying to this agreement.
3. Placement of orders with or acceptance of the Products from WASP constitutes acceptance of these Conditions.
4. The Conditions shall be governed by English Law and any disputes relating to these Conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
Payment
1. Payment for the Products is due on the date of invoice.
2. If payment is not made within thirty days of the due date interest will be charged on the amount unpaid at the rate of 5% per month from the due date, unless otherwise agreed in writing by WASP.
3. All prices are exclusive of value added tax or other tax applicable to the Products and shall be added to the invoice at the current rate.
4. Payment shall be made in Pounds Sterling (GBP).
Quotations specification and variation
1. All prices quoted are based on the specification relating to the Products or if such specification is supplied to WASP by the purchaser then on the purchaser’s specification.
2. In the event of any significant variation in the specification either given by the purchaser or being necessitated by an inability of the Products to perform their original purpose WASP reserves the right to modify the price quoted and the purchaser agrees to pay such modified price.
Warranty
1. The Products supplied by WASP are warranted to be reasonably fit for the purpose for which they were purchased insofar as they are in compliance with the specification agreed with the purchaser. A return-to-base for any product is required (at the purchasers’ expense) for inspection prior to a warranty claim. Any claim must be made within 30 days of supply (the invoice date).
2. If the Products are not as warranted above WASP shall repair or, at its option, replace the Products on the following basis;
(a) The period of warranty shall be twelve months from the date of delivery of the Products and
(b) Products shall not have been subject to misuse, neglect or modification or used outside the parameters given in the specification.
3. All other warranties and all conditions or representations expressed or implied by statute or at common law are hereby excluded and WASP shall not be liable to the purchaser for any direct indirect or consequential losses arising.
Returns (not under warranty)
1. Should the purchaser return goods to WASP for credit or replacement for reasons other than warranty, a full inspection of the products must be actioned at the products original manufacturing plant.
2. WASP reserve the right to charge a 25% restocking fee for any returned products which are not subject to the warranty conditions as above.
3. Returned goods must be in their original packaging and must be returned undamaged. Initial inspection at WASP’s UK offices will precede full inspection at the original manufacturing site.
4. Credit, part credit or replacement is at the decision of the quality control and inspection department of WASP.
5. WASP reserve the right to issue or not issue a credit, part credit or replacement.
6. Shipping costs from the original invoice are not subject to refund or credit.
Order cancellation
1. Once an Order has been accepted by WASP, the purchaser may not cancel all or part of the order unless agreed by WASP in writing.
2. If WASP do separately and in writing, agree to a purchaser cancellation of part or all of an order, a minimum of 50% of the cancellation value will immediately be payable by the purchaser to WASP.
3. WASP may, at its discretion, cancel an order. If ever needed, it will do so in writing to the purchaser; however this will only occur in extreme circumstances and with communication between the customer and WASP.
Pricing
1. WASP will issue quotes to the purchaser to confirm pricing before orders.
2. After receipt of an order, WASP will issue a sales order confirmation to confirm the terms of the order. This includes the item, quantity, and price as well as lead time.
3. WASP may, in some extreme cases, need to change the terms of this order confirmation should there be external influences on price, lead time, or similar. Any such changes will be made in writing by WASP to the customer at the earliest possible opportunity.
4. Shipping pricing will be offered at the time of order confirmation, and WASP will endeavour to adhere to this pricing. however as lead times can be several weeks or months, WASP reserve the right to modify the shipping/carriage price, type, incoterms etc should the nominated courier change their terms to WASP. WASP will write to the purchaser in advance to give notification of any changes.
Returns payment
1. Credit notes will be issues for returns or warranty, a statement of account is available on request.
2. Payment/credit shall be made in Pounds Sterling (GBP).
Rights and ownership
Ownership of and all rights to the Products shall remain with WASP until payment in full has been made for such Products.
Default
In the event of non-payment or other default by the purchaser WASP shall be entitled at its sole option to pursue full payment and or return of the products and additionally to recover damages for any losses incurred. WASP shall also be entitled to suspend all further deliveries of the products, or parts thereof, notwithstanding that partial payment may have been made.
Confidential information
The purchaser warrants that it has all necessary rights to any information it makes available to-WASP either as part of the specification for the products or subsequently as necessary for execution of the contract.
Unavoidable delay or non-fulfilment
WASP will not be liable for delay or non-fulfilment of the contract due to circumstances beyond its control, including, but not limited to, acts of God, war, terrorist action, fire, non-delivery by suppliers, industrial action or actions by British or foreign governments.
Waiver of rights
Failure of WASP to exercise any of its rights herein shall not constitute a waiver of such rights and will not preclude the subsequent exercising of those rights.
Export regulations
Where the Products are destined for export from the United Kingdom the purchaser agrees to abide by all laws and regulations applicable to such export and any subsequent re-export.
Copyright and patents
WASP gives no warranty that the Products do not infringe any copyright or patent of any third party and specifically excludes all liability for any direct indirect or consequential losses arising there from.
Limitation of liability
In any event of WASP being liable for any breach of contract or of the Conditions its total liability shall not exceed the value of the Products the subject of the contract.