Model Airplanes, Model Boats, Model Engineering Plans for Beginners to Experts

1. ACCEPTANCE OF ORDERS
All contracts of sale made by X List Plans (The Company) shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the party with whom the company is dealing (The Customer). All orders are accepted and fulfilled subject to these conditions of sale unless otherwise varied by agreement in writing.
2. PRICES
Goods are invoiced at the prices ruling at the time of ordering. Any listings on paper or electronic means will remain current until updates or revisions are issued either in printed or electronic form. The company reserves the right to modify prices.
3. DELIVERY
(a) Any time or date for delivery stated by the company shall be treated as an estimate only. Whilst every effort will be made to despatch goods on time no liability can be accepted by the Company for failure to deliver within the advertised times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.
(b) The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Company in writing within three business days of receipt of goods.
(c) The Customer shall be bound to accept the goods when they are ready for delivery by the Company and delivery shall be deemed to take place when the goods are delivered to the Customer at the nominated address for delivery or to a nominated carrier as the case may be whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the Customer.
(d) If the Company fails to deliver the goods for any reason other than any cause beyond the Company's reasonable control or the Customers fault, and the Company is accordingly liable to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods in question. Furthermore, The Company shall not be liable for loss of profit or other consequential loss and its liability (whether in contract or otherwise) shall in no case exceed the price of the article or articles in question.
(e) If for any reason the Customer cannot accept delivery of the goods at the time when the goods are due and ready for delivery the Company may either elect to store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
4. PAYMENT TERMS
Unless otherwise expressly stipulated by the Company, Credit Account invoices are due and payable in sterling 30 days from the date of the invoice.
If an invoice becomes overdue for payment the full outstanding account becomes overdue and payable. The Company reserves the right to charge interest on overdue amounts at 3% above National Westminster PLC base lending rate for the time being in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash.
5. PRODUCT SPECIFICATIONS, DIMENSIONS, ETC
Whilst the Company will make every endeavour to deliver the goods as they are advertised in the Catalogue or any other Company brochure actual dimensions, specifications and quantities may in certain circumstances vary from those so advertised. The Company reserves the right without prior notice to vary the dimensions, specification and quantities of any goods without any liability to the Customer arising directly or indirectly from any such variation.
6. PROPERTY AND TITLE
No property or title to goods shall pass from the Company to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash and the Customer shall indemnify the Company against any loss or damage to the goods prior the passing of property therein whilst in the Customers custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the goods, at the time when the Company has tendered delivery of the goods.
7. FORCE MAJEURE
In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
8. CANCELLATION
The Company reserves the right not to accept cancellation of orders. Where cancellation is accepted the Company reserves the right to indemnity from the Customer in full for costs incurred.
9. RETURNS
Items, undamaged, and fully marketable may be returned by prior agreement of the Company who reserve the right to make a handling/administration charge.
10. THE COMPANY'S LIABILITY
(a) The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
(b) The Company's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
(c) Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
11. HEALTH AND SAFETY AT WORK ACT 1974 AND CONSUMER PROTECTION ACT 1987
In compliance with the above legislation the Company confirms that the goods supplied by the Company do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.

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Last modified: November 29, 2007