PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

1. INTERPRETATIONS

1.1. In the following conditions of sale, the words shall have the following meanings:-
 
“Account Customer” means any Customer which is so designated by the Company, and, are subject to these terms and conditions, which the Company may have authorised to purchase Goods on credit terms and “Customer Account” shall be construed accordingly.

“Customer” means any person, firm, business or company who agrees to purchase Goods from the Company.

“Company” means Wizardprice Limited, whose principal place of business is at Maple Business Park, 1 Bennett Street, Ardwick, Manchester M125AQ and references to Wizardtradeprice shall mean the same as Wizardprice Limited.

"Conditions" means the terms and conditions set out in this document and in the Formal Order Confirmation. No other terms will be accepted as taking precedence.

“Contract” means any contract between the Company and the Customer for the sale of any Goods.

“Goods” means any goods (including computer software, which shall be deemed to be goods in any event) or materials which the Company agrees to provide to the Customer.

“Delivery Address” means the address in the United Kingdom for the delivery of Goods as specified by the Customer to the Company’s website or in the account application form for the Customer’s Customer Account or such other address as may be agreed in writing between the Company and the Customer. Where the Customer is not an Account Customer and paying by a credit card or debit card, the Delivery Address shall be the address at which the card is registered for the first purchase, an thereafter as may be agreed  between the Company and the Customer.

“Order Acknowledgement” means that the Company acknowledges the existance of the order but has not formally confirmed it.

“Formal Order Confirmation” means the communication sent by the Company to the Customer accepting the Customer’s order.

“Privacy and Security Policy” means privacy and security policy which is available upon request and as may be amended by the Company from time-to-time.

“Website Terms of Use” means the terms for the use of the Company’s website which are published from time to time by the Company.

1.2. In these Conditions:

1.2.1. references to any statute or statutory provision shall, unless these Conditions otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

1.2.2. the headings will not affect the construction of these Conditions.

2. APPLICATION OF CONDITIONS

2.1. The Company will only transact business with Customers who are entering into a Contract in the course of their respective businesses. The Company will not transact any business with consumers. By placing an order with the Company, the Customer hereby warrants and represents that they are entering into a Contract in the course of their respective businesses
2.2. These Conditions may be amended from time to time and shall take effect from the date that the notification of any change is made on the Company’s website. Prior notification of changes will not necessarily be given.
2.3. These Conditions apply to all Contracts for the sale of Goods entered into by the Company, which, for the avoidance of doubt, shall include and are limited to, contracts concluded by Formal Order Confirmations.
2.4. By placing an order with the Company the Customer agrees to deal with the Company on these Conditions to the exclusion of all other terms, conditions or warranties contained in or referred to in the Customer’s order or correspondence or elsewhere or implied by trade, custom, practice or course of dealing.
2.5. Any Goods displayed at a price by the Company does not constitute an offer. The Company reserves the right to withdraw or revise a price at any time prior to issuing a Formal Order Confirmation.
2.6. The Company will not transact business with any natural person who is less than 18 years old.
2.7. No Contract for the purchase of Goods from the Company by the Customer shall be made, save as follows:
2.7.1. In the case of a Customer with a Company Account, the Contract shall be deemed made upon dispatch of the Company’s Formal Order Confirmation to the Customer; and
2.7.2. In all other cases, the Contract shall be deemed made upon and only upon the Company having received payment in full, in cleared funds, following dispatch of the Company’s Formal Order Confirmation to the Customer.
2.8. Where any orders are placed using the Company’s website, the Customer shall comply with the Company’s Website Terms of Use.
2.9. The Company will only accept orders from Customers located in the United Kingdom.
2.10. For the purposes of these Conditions and any Contract, the Company is entitled to treat as conclusive any representation from a person who is or appears to be an employee, representative or agent of the Customer who in the Company’s reasonable opinion appears to have the requisite authority.
2.11. The Company reserves the right to refuse to make any Contract with any Account Customer or to refuse to make or complete delivery of any Goods to any Account Customer if it has reason to believe that there is a reasonable prospect that the Account Customer will not be in a position to pay for the Goods in question.
2.12. Contracts may not be cancelled except with written consent from the Company (which it may refuse at its absolute discretion). If the Company agrees to any cancellation then it may impose a cancellation fee and a restocking fee.
2.13. The Company reserves the right to change a minimum order fee in relation to any Contract.

3. PRICING AND DESCRIPTION OF GOODS

3.1. All Goods are subject to availability and all prices are subject to alteration. If an order cannot be fulfilled for any reason following a Contract having been made, a full refund will be issued, back on to the Customer’s credit or debit card, or by cheque or the Customer’s Company Account will be re-paid or re-credited, as appropriate.
3.2. In the event of either an error in the Company’s published process or a price change for any Goods, the Customer will be informed by the Company as soon as possible and offered the option of either reconfirming the order at the correct price, or cancelling the order. If a confirmation is not received from the Customer within 2 working days of being informed of the error or price change, the order will automatically be cancelled. If the order is cancelled automatically or if the Customer cancels the order under this Clause 3.2, a full refund or credit of any sum that the Customer has paid or that has been debited from the Customer’s credit or debit card or the Customer’s Company Account will be re-paid or recredited, as appropriate.
3.3. In the circumstances set out in Clauses 3.1 and 3.2 above, the Company shall have no further liability to the Customer whatsoever under the Contract.
3.4. All prices advertised by the Company are subject to VAT. All payments shall be made in Sterling and a delivery charge will be made for the goods which will vary according to the shipping method requested, the weight and volume of the goods ordered and the Customer’s geographical location.
3.5. The cost of pallets and returnable containers may be charged to the Customer in addition to the price of the Goods but full credit will be given to the Customer for the same provided they are promptly returned undamaged to the Company.

4. PAYMENT

4.1. Payments are accepted by credit and debit card. Payments taken via this method from Customers without a Company Account are taken at the point of receipt of the Customer’s order, not when the Goods are despatched. Where a credit card is used, the Company reserves the right to charge an additional fee. Payments may also be accepted by electronic funds transfer or by cheque by prior arrangement in writing between the Company and the Customer.
4.2. For Customers without a Company Account, Goods will not be dispatched until cleared funds have been received by the Company and payment shall not be effective until such full cleared funds have been received.
4.3. The obligation upon the Customer to make any payment shall be of the essence and is a fundamental term of these Conditions, breach of which shall entitle the Company to terminate any Contract immediately.
4.4. For Customers with a Company Account, the Company’s invoices must be paid, in full, strictly within 20 days of the invoice date but the Company reserves the right to seek cleared funds in advance under any Contract. Invoices will normally be issued on the day Goods are despatched and may be issued electronically.
4.5. Advance payment may be required for new Customers for a Company Account, pending credit applications and or references and/or in any other circumstances where the Company (in its entire discretion) deems this appropriate.
4.6. Under the Late Payment of Commercial Debts Regulations 2002 the Company reserves the right to exercise its statutory right to charge interest and an administration charge on all invoices overdue from Customers.

5. DELIVERIES

5.1. Delivery times quoted by the Company are estimates only. They are based on the availability of the Goods, normal processing time and delivery times as available by the relevant couriers used.
5.2. Whilst the Company strives to ensure that all Goods are delivered to the Delivery Address in accordance with estimates, it shall not be liable for any loss or damage suffered by the Customer even through reasonable or unavoidable delay in delivery or for Goods delivered on any day different to that which may be requested by the Customer. Goods may be delivered in several consignments  and the Company will endeavour to inform the Customer as soon as possible if this is the case.
5.3. Orders placed before 2.00pm Monday to Friday (excluding a Bank or public holiday) will be processed that day and will be delivered as per the agreed delivery option, provided no additional security checks are required and providing that all stock items are available.
5.4. The Company may make deliveries in advance of any estimated delivery date.
5.5. The Company will only deliver to addresses located in the United Kingdom.
5.6. The Company reserves the right to refuse delivery to an address where it has any cause to doubt successful shipment of the order. In this case, the Customer shall provide an alternative address for delivery.
 5.7. Subject to any special offers from time to time in force, all deliveries will be subject to a delivery charge. Delivery shall be to suitable ground floor warehousing, stores or reception areas. The Company must be notified in advance if the Customer has any unusual delivery requirements as the Company reserves the right, in that case, to levy an additional delivery charge. Furthermore the Customer also confirms that it will bear the cost either to the carriers or to the Company of delays caused by queuing at the customers delivery address. 
5.8. If the Customer deliberately fails to take delivery if the Goods, then, without prejudice to any other rights or remedy available to the Customer, the Company may:-
5.8.1. store the Goods until the actual delivery is made and charge the Customer for reasonable costs of doing so, including insurance and storage; or,
5.8.2. sell the Goods at the best readily obtainable price (after deducting all reasonable storage and selling expenses) account to the Customer for any excess over the price the Customer agreed to pay for the Goods or charge the Customer for any shortfall below the price the Customer agreed to pay for the Goods plus a handling fee.
5.9. Further information on deliveries may be obtained by reviewing the Company’s Deliveries Policy by selecting them from the contact us section. The Deliveries Policy is incorporated into these Conditions by reference and shall be complied with by the Company and the Customer. In the case of any inconsistency between these Conditions and the Deliveries Policy, the terms of these Conditions shall prevail.

6. QUALITY

6.1. The Customer acknowledges that the Company may not the manufacturer of the Goods. The Customer acknowledges that in the case of it being an intermediate supplier of the Goods the Company may have no option to check the Goods for obvious signs of damage and does not in any way inspect the quality or condition of the Goods themselves.
6.2. The Customer acknowledges that the manufacturer of the Goods typically provides warranty assurances directly for the benefit of end users of the Goods.
6.3. The Customer acknowledges that the Company does not hold itself out as having any particular expertise in relation to the actual Goods and that any information provided by the Company in relation to the Goods is merely passed
on by the Company from the manufacturer of the Goods without liability.
6.4. The Company does not sell Goods on an approval basis and the Customer agrees that it relies entirely on its own skill and judgement in evaluating the suitability and fitness of the Goods for its purpose.
6.5. The Customer acknowledges that the prices charged by the Company for the Goods are based strictly on the acknowledgements set out in Clauses 6.1 to 6.4 and based on those acknowledgements:
6.5.1. use its reasonable endeavours to transfer to the Customer the benefit of any warranty or guarantee given to the Company; and
6.5.2. comply with its returns policy as set out in Clause 8;
6.6. The Company may change the specification of Goods, prior to delivery, where there is no material adverse effect on quality or performance or to comply with applicable safety or other statutory requirements.
6.7. The Customer agrees that the Company will not (subject to Clauses 6.5 and 9.1) be responsible for or give any warranties in relation to the quality or suitability of the Goods and that provided the Company complies with the provisions of Clause
6.5 the Company will (subject to Clause 9.2) have no further liability (in contract, tort (including but not limited to negligence) or otherwise) for any quality or suitability claims in relation to the Goods.

7. RETURNS

7.1. The Company does not supply goods on a “trial basis” and Customers are responsible for verifying suitability and compatibility of Goods BEFORE purchasing.
7.2. Further information on returns may be obtained by reviewing the Company’s Returns Policy selected from the contact us section. The Returns Policy is incorporated into these Conditions by reference and shall be complied with by the Company and the Customer. In the case of any inconsistency between these Conditions and the Returns Policy, the terms of these Conditions shall prevail.
7.3. The Customer shall ensure that:
7.3.1. all RMA claims are validly made:
7.3.2. no Goods returned to the Company contain any viruses;
7.3.3. all serial numbers of Goods are recorded and that proper records are kept to enable Goods to be traced and that the Company is allowed reasonable access to such records.

8. RISK AND TITLE

8.1. The Goods are at the Customer’s risk from the time of delivery.
8.2. Title to the Goods will pass to the Customer once payment has been received, in full, by the Company. In the event that Goods are passed or sold to a third party by the Customer, the Company’s title rights remain protected, until such time full payment has been received by the Company. This condition merely reserves the title on such Goods for the benefit of the Company, it does not impose a charge on the Goods.
8.3. Payment referred to in Clause 8.2 includes payment of the Goods as well as all other sums which are or which become due to the Company from the Customer, on any account.
8.4. The Company shall be entitled to recover payment for the Goods even though title of any of the Goods has not passed from the Company.
8.5. Until title has passed to the Customer, the Customer must:
8.5.1. store the Goods (at no cost to the Company) separately from all other goods and Goods of any third party in such a way that they are readily identifiable as the Company’s property.
8.5.2. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. At the Company’s request, the Customer agrees to produce the relevant policy of insurance to the Company.
8.5.3. hold the proceeds of the insurance referred to in Clause 8.5.2 on trust for the Company and not mix them with any other money, nor pay the proceeds into a bank account that is overdrawn.
8.6. The Customer’s right to possession of the Goods will terminate if:-
8.6.1. the Customer has a bankruptcy order made against them or makes an
arrangement or composition with their creditors or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal) or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a received and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for their winding up or for the granting of an administration order in respect of them, or any proceedings are commenced relating to their insolvency or possible insolvency; or
8.6.2. The Customer suffers or allows any execution, whether legal or
equitable, to be levied on their property or obtained against them or they
are unable to pay their debts within the meaning of Section 123 of the
Insolvency Act 1986 or they cease to trade; or
8.6.3. The Customer encumbers in any way charges of the Goods which are
the subject of these Conditions.

9. LIMITATION OF LIABILITY

9.1. All warranties, conditions and other terms implied by statute or common law
(except for the conditions implied by Section 12 of the Sale of Goods Act 1979
but subject always to the provisions of clause 12.2) are, to the fullest extent
permitted by law, excluded from the Contract.
9.2. Nothing in these Conditions exclude or limit the liability of the Company for
fraudulent misrepresentation or for any death or personal injury caused by the
Company's negligence.
9.3. THE CUSTOMER'S ATTENTION IS IN PARTICULAR DRAWN TO THE
PROVISIONS OF CLAUSES 9.4 AND 9.4.5
9.4. Subject to Clause 9.1 and 9.2, the Company will not be liable to the Customer
in contract, tort (including but not limited to negligence), misrepresentation or
otherwise for any:
9.4.1. economic loss of any kind (including but not limited to loss of use, profit,
anticipated profit, business, contracts, overhead recovery, machining
costs, revenue or anticipated savings);
9.4.2. any damage to the Customer's reputation or goodwill;
9.4.3. any product recall or business interruption costs;
9.4.4. any loss arising from any downtime of the Company’s information
technology systems; or
9.4.5. any other special, indirect or consequential loss or damage (even if the
Company has been advised of such loss or damage) arising out of or in
connection with the Contract.
9.5. Subject to the provisions of Clauses 9.1, 9.2 and 9.4, the Company's total
liability in contract, tort (including but not limited to negligence), misrepresentation
or otherwise arising out of or in connection with this Contract will be limited to the
Contract price.
9.6. The provisions of this Clause 9 shall survive the termination or expiry (for
whatever reason) of this Contract.
9.7. THE PRICES CHARGED FOR THE GOODS ARE BASED STRICTLY ON THE
UNDERSTANDING OF ACCEPTANCE BY THE CUSTOMER OF THE
PROVISIONS IN THE CONTRACT FOR THE LIMITATION OF THE
COMPANY'S LIABILITY. SHOULD THE CUSTOMER REQUIRE THE COMPANY
TO ACCEPT ADDITIONAL LIABILITY THIS MAY BE DISCUSSED BETWEEN
THE PARTIES AND THE PRICE INCREASED ACCORDINGLY.

10. ERRORS & OMISSIONS

10.1. Whilst the Company makes every effort to ensure all prices and descriptions
quoted by it are precise and accurate, on occasions where an error may occur,
the Company is entitled to rescind any Contract, notwithstanding that is may have
already accepted the Customer’s order. The Company’s liability will then be
limited to the return of any money the Customer has paid relating to that order.

11. DATA PROTECTION AND PRIVACY AND SECURITY POLICY

11.1. The Company will take all reasonable precautions to keep the details of orders
and payments secure. The Company will adhere to the principles of the Data
Protection Act 1988 to uphold our Customer’s privacy and protect the personal
data provided by the Customer.
11.2. The Customer accepts and acknowledges that it has read the Company’s Privacy
and Security Policy, which shall apply to all dealings between the Company and
the Customer.

12. GENERAL

12.1. The Customer will not without the prior written consent of the Company assign or
transfer any Contract or any part of it to any other person.
12.2. Each right or remedy of the Company under these Conditions is without prejudice
to any other right or remedy which the Company may have under these
Conditions or otherwise.
12.3. The Company reserves the right to set-off for Account Customers, so that monies
owed to the Company by the Account Customer can be off-set against any
monies owed by the Company to the Account Customer.
12.4. Any notice or other document to be served under the Contract must be in writing
and may be delivered or sent by prepaid first class post or facsimile transmission.
Any notice or document shall be deemed served, if delivered at the time of
delivery, if posted, 48 hours after posting and if sent by facsimile transmission, at
the time of transmission (provided that a valid transmission report can be
produced).
12.5. If any provision of the Contract is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void,
unenforceable or unreasonable it will, to the extent of such illegality, invalidity,
voidness, unenforceability or unreasonableness, be deemed severable and the
remaining provisions of the Contract and the remainder of such provision shall
continue in full force and effect.
12.6. Failure or delay by either party in exercising any right or remedy provided by the
Contract or by law will not be construed as a waiver of such right or remedy or a
waiver of any other right or remedy.
12.7. Any waiver by either party of any breach of, or any default under, any provision of
the Contract by the other party will not be deemed a waiver of any subsequent
breach or default and will in no way affect the other terms of the Contract.
12.8. A person who is not a party to the Contract will have no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of the Contract. This clause
12.8 does not affect any right or remedy of any person which exists or is available
otherwise than pursuant to that act.
12.9. The Customer agrees that it will have no remedy in respect of any untrue
statement innocently or negligently made by or on behalf of the Company prior to
the Contract upon which the Customer relied in entering into the Contract whether
such statement was made orally or in writing.
12.10. The Contract will be governed by English law and the parties submit to the
exclusive jurisdiction of the English courts.