terms and conditions
Terms & Conditions of Sale
Formation of Contract
- All quotations and orders made or accepted by the Company shall be deemed to incorporate these terms and conditions together with any special conditions stated on or annexed to our quotation
- No variation of or addition to, or substitution for, such terms and conditions shall be binding on the Company unless expressly accepted by the Company in writing.
- Quotations are made subject to fluctuations in price.
- The Company reserves the right to withdraw quotations at any time before acceptance.
- Verbal, telephoned or telegraphic orders must be confirmed by the customer in writing, otherwise the Company accepts no responsibility for errors or subsequent misunderstandings.
Prices are based on the Company’s current price levels which in turn are based on the current rate of pound sterling and any relevant foreign currency unit. If, owing to the alterations in costs of materials, in wage rates or in taxes, duties, levies or other expenses or in the rate of exchange caused by any devaluation/revaluation of either currency, the price level of the relevant goods is revised, the prices chargeable shall be those ruling at the time of despatch.
- Terms of Payment
- Unless otherwise stated, all accounts are nett and due for payment at the end of the month following delivery.
- Invoices raised within the first 6 months of acceptance of the trading account must be paid within 30 days of the date of the invoice.
- Non account customers are required to pay 50% on placement of order and the balance on completion of the work.
3.3 The Company reserves the right to charge interest at the rate of 4% per annum above the base rate from time to time of Barclays bank plc.
4 Time for Delivery
Time for delivery shall not be the essence of the contract. Whilst the Company will do its utmost to keep any despatch or delivery time, the Company accepts no liability or damage, consequential loss or any expense incurred resulting from delay howsoever the same shall be caused.
5.1 Notwithstanding delivery and passing of risk in the goods or services, or any other provisions of this Conditions, the property in the goods supplied pursuant to this contract shall not pass to the customer until the Company has received cash or cleared funds payment in full of the price of the goods and services and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
5.2 The Company reserves the right to repossess any goods sold hereunder to the Buyer in respect of which payment is overdue, and for this purpose the buyer hereunder grants any irrevocable right and licence through its servants and agents to enter upon all and any premises on which such goods may be located.
5.3 Each delivery may be considered as a separate contract and the failure of any goods or services in a particular delivery shall not vitiate the contract as to the remainder.
The customer shall be responsible for off loading and shall indemnify the Company against liability whatsoever arising there from or related thereto.
- Shortages, Damages or Loss in Transit.
Any claim for alleged shortages or damage however arising will considered only if –
- Receipt of goods note has been for as ‘ Not examined’ , ‘damaged’ , ‘ incomplete or to that effect.
- A written complaint is made to the Company and to its carriers (where applicable) within three days of receipt of the goods.
- The Company is given an opportunity to inspect.
- The Buyer shall prove to the Company’s satisfaction identification of the goods in question.
Any claim for goods lost in transit will be considered only if a written complaint is made to the Company and to the carriers within 21 days of despatch by rail or ten days if despatched by road.
- Guarantee and General Liabilities
7.1 Goods are not tested and sold fit for any particular purpose. In no circumstance s whatsoever shall the Company‘s liability (in contract, tort or otherwise) to the Buyer arising out of, or in connection with this contract or the goods or services supplied hereunder exceed the invoice price of the of the particular piece(s) concerned. Notice of any claims arising out of or in connection with this contract must be given to the Company in writing within seven days from the date when the goods or services are collected , handed over or delivered. Failing which all such claims shall be deemed to be waived and absolutely barred. The Company shall be under no liability to whatsoever unless the buyer can prove to the Company’s satisfaction, identification of the goods complained of. Goods are guaranteed for 12months from delivery. Guarantee claims will only be considered if the goods are returned intact to The Company. Any costs incurred by The Company in collecting goods or travelling to any location will be borne by the Buyer. Guarantee claims will only be considered if the goods have been used in accordance with the manufacturer’s instructions. Any work carried out under Guarantee on any vehicle will only be considered if the vehicle is returned to The Company.
7.2 When the Company is asked for advice as to the suitability of any product, Such advice will be given to the best of our ability and in good faith, but such advice is given only to the express condition that the Company is exempt from liability for failure in performance.
7.3 The Company shall not be liable for any consequential loss, injury, or damage of any nature whatsoever arising out of this contract or in connection with any goods or services sold there under, save in the event of death or personal injury caused by the Company’s negligence.
- Force Majeur
The Company shall be entitled to cancel or rescind any contract without liability for any loss or damage resulting therefrom if performance of its obligations under the contract is in any way affected by war, riot, restraint of Government, strike, lockout, dispute with workpeople, shortened hours of labour, fire, accident, non availability of materials, stoppage or interference with transport, compliance with government requirements, or any cause which the Company has no power to avert.
- Cancellation or Suspension
No cancellation, suspension or variation of this contract requested by the Buyer shall be valid unless agreed with by the Company in writing and such agreement will only be given subject to adequate compensation for expenses incurred in connection with the contract and for loss of profit.
In addition to the above compensation, the Company may impose a cancellation charge at its discretion.
If the Company is asked to store goods, or if the Company has to store goods because of the fault of the customer after the goods are ready for despatch, the customer shall pay storage and all other charges. The storage will be at the customer’s risk and will not entitle the customer to postpone payment of any sums due to the Company.
The Company reserves the right to suspend the supply of goods at any time.
- Returning of Goods
In the event of the Buyer wishing to return goods for any reason whatsoever, permission for such returns must first be obtained from the Company in writing.
Where the goods have been correctly supplied, and the Company has agreed to accept their return, a handling charge will be made up to 33 1/3% of the original cost at the Company’s discretion.
- Law Applicable
These terms and any contract between the parties shall in all respects be construed and have effect according to English Law.
Receipt of a quotation, signing of the delivery note or receipt of an invoice from the Company will deemed to be acceptance of these terms and conditions. 1/4/2011