Terms And Condition for Trade Buyers

Definitions & Prior Information

1. Any reference within these terms to We, Us The Company, or Seller shall mean Ybrain Cyf (Ltd) trading under the name of Warrantyworks of Llandrillo, Denbighshire, United Kingdom (Registered Office) who sell or supply insurance products.
2. Any reference to you, the buyer, or purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall, in each circumstance, mean a trade buyer who purchases in the course of a trade or business, profession or vocation, it is agreed that such a buyer shall mean a trade buyer. Insurance Warranties and other Insurance Products shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form. All orders placed by Trade Buyers are non-cancelable nor subject to return by virtue of the Distance Selling Regulations.
3. Price shall mean the consideration due for purchase and shall exclude Insurance Premium Tax (IPT) unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of brochures and web site indications (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted or binding upon us until confirmed as accepted by the Company, subject to clause 5 below.
4. In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged by the Company by means of payments acceptance, invoice or statement. Order acknowledgement shall not amount to confirmation of order and the Company reserve the right to refuse any offer of purchase prior to written confirmation.

General

1. These conditions shall apply to all of the company's quotations and contracts, orders (including telephone & Internet orders) for the sale or supply of goods accepted by the Company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company.
2. Brochure descriptions, web site information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to inclusions, exclusions and cover type or otherwise) have been prepared by principal Insurers and are for guidance only and shall not form a description within the meaning of the Sale of Goods Act/Supply of Goods and Services Act (as amended). Buyers are therefore required to check current specification and cover provisions prior to order, as no liability shall be accepted by this Company for any claim arising there-from. Insurers also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary.
3. The Company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company unless notified of such error within five days of receipt of any document containing the said error.

Limitations Upon Liability

1. Advice given by agents or servants of this company or detailed within an Internet web site or during telephone/ Internet orders is based entirely upon information given by the purchaser and provided by the Insurer. No liability can therefore be accepted by the Company for incorrect advice given and all such advice should be checked by the purchaser prior to order. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put.
2. For trade buyers, the company is hereby excluded from any liability, however arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the products supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
3. Where products are incorrect, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of use, additional expenses incurred, overnight accommodation, recovery and repairs or other similar losses, are excluded and shall not be reclaimable from the Company. In additions the company shall accept no liability for death or personal injury unless caused directly by its own negligence.
4. The Company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the Company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
5. Where you are a trade buyer of insurance products or otherwise advising or dealing with insurance products for the benefit of your own customers, you may be required to have authorisation by the Financial Services Authority (FSA). In the event that you purchase insurance products from us without being authorized by the FSA (where you are required to be authorized), we accept no liability, however such liability arises, in respect of any claim or dispute which may arise. In all circumstances, as a trade buyer, you confirm, by placing an order or request for information or advice, that you are registered with the FSA (Financial Services Authority) to purchase insurance products on your clients' behalf. Any liability or claims arising by virtue of your failure to register with the FSA shall be the buyers and not the Companies.

Payment Terms

1. Quotations are given on the assumption that no variation in the price will be made by the Insurer and that the Government levies remain unaltered. In the event of such changes, the buyer shall be liable for the full cost thereof without notice from the Company. Buyers are hereby informed that calling down of smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale in order. The resultant additional cost shall be the buyers.
2. Unless otherwise stipulated within the sales invoice/order form, all accounts are strictly net and payable with order or otherwise in accordance with the terms of the trade buyer's credit account. Where default occurs in payment by the trade buyer, default interest shall become payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the maximum rate permissible the re-under or in accordance with the credit terms agreed or, where the buyer is a consumer, at 2% above the base rate of the Lloyds Bank PLC.

Title, Delivery and Performance of the Contract

1. Title or ownership within the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.
2. All times given for dispatch or delivery are approximate and time shall not be of the essence. The buyer agrees to allow 21 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. Where products ordered are unavailable from Insurers, the Company reserve the right to substitute such products for similar from a recognised Insurer registered to undertake business within the United Kingdom.
3. The buyer is required to notify the Company, in writing, of any shortage, misdelivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The Company will assist purchasers in making their claim.

Cancellation of Orders and Liability

1. Goods ordered by the Buyer shall not be capable of return or cancellation once order confirmation has been given by the Buyer. The Company reserve the right to refuse cover or supply products to any person, individual, or Company.
2. In respect of orders placed by means of distance communication within the European Community, such orders are not cancellable by virtue of the Distance Selling Regulations or otherwise.
3. The buyer shall indemnify the Company against all actions, claims, demands, penalties and cost brought by or incurred by third parties or this company in tort, contract, infringements of or alleged infringements of patents or registered designs or howsoever arising in connection with the products or their delivery or unloading or in connection with the Buyers use of the Companies Websites.
4. The buyer confirms that he shall comply with any or all rules relating to servicing and care of the insured vehicle concerned so as to ensure continuity of cover and that the said Buyer shall act in good faith when completing documentation.
5. The insurance products sold by the Company are not subject to the Distance Selling Regulations. In the event of a dispute or, in the opinion of the Company, another serious irregularity, the Company shall, within fourteen days of inception of the policy, consider a full refund of premium. Where the policyholder has filed a claim, any such refund shall be subject to a minimum cancellation fee of no less than 22% and, further, to any disbursements incurred by any party to the agreement, including assessor fees.

This agreement shall be interpreted in accordance with English and Welsh Law and industry custom and practice, and English and Welsh courts shall have sole jurisdiction in respect of any dispute arising therefrom. In respect of Internet sales, jurisdiction or the agreement shall be with English Law and it shall be deemed that any agreement is made in Wrexham, North Wales, irrespective of any rule of contract dictating otherwise.