Terms & Conditions
CONDITIONS OF SALE
All goods supplied by us are sold upon the following conditions. The placing of an order for any such goods or the acceptance of our quotation or tender or of delivery of goods includes acceptance of the following conditions. Unless expressly agreed by us in writing any other terms or conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotation or tender all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance or other descriptive matter or precontractual statements are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of produce and the point and date of delivery.
All prices quoted are subject to market labour and other fluctuations. The Company reserves the right to increase the price quoted for the Goods if the Customer orders less than the number or amount of Goods on which the quotation was based or if the costs of raw materials or labour increases by more than 2 percent.
The Company reserves the right at any time prior to delivery of the Goods to adjust the price to take account of any increase in the cost of raw material, freight, labour or services, war risk, insurance rate, any charge, tax, duty, levy impost on the Goods or any currency fluctuations affecting the cost of imported materials. Unless otherwise agreed by the Seller in writing all prices shall be deemed to be exclusive of Value Added Tax which shall be payable in addition by the Buyer at the rate prevailing the tax point of transportation of the Goods to the destination requested by the Buyer.
- TERMS OF PAYMENT
Accounts are due for payment no later than the last day of the month following the date of invoice.
The Buyer shall not be entitled to withhold payment of any amounts payable to the Company by reason of any dispute or claim of the Buyer, goods shall remain liable to pay the full invoice of all other Goods delivered or available for delivery. The Company reserves the right to charge interest at 4 per cent above National Westminster Bank Plc base rate from time to time in force on all overdue accounts, such interest being deemed to accrue on a day-to-day basis from the due date for payment. The Company reserves the right at any time at its discretion to demand security for payment before continuing with or delivering goods in satisfaction of any order notwithstanding subsisting agreement to provide credit to the buyer.
- CANCELLATION OF ORDERS
The Company may in its sole discretion accept or reject the cancellation of any order once such order has been accepted by the Company. The Company will in no circumstances accept the cancellation of an order for goods which are to be specifically made or obtained once such has been accepted by the Company nor will any allowance be made in respect of such goods where they are subsequently returned.
No cancellation of the whole or any part of the order by the buyer is permitted except where expressly agreed by a Director or the Company in writing. In the event of such agreed cancellation the Buyer shall indemnify the Company fully against all expenses incurred up to the time of such cancellation in addition to such other remedies as the Company may have.
- DELIVERY DATES
Delivery dates are estimates only and time of delivery is not of the essence of the Contract. The Company shall not be liable for any loss whatsoever or howsoever arising caused by the non-delivery or by the failure to make Goods ready for collection on the due date. Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
- DELAYS IN DELIVERY
The Company shall not be liable for any failure to deliver the Goods arising from circumstances outside it’s control including but not limited to acts of God, war, riot, explosion, abnormal weather conditions, fire flood, strikes, lockouts, Government action or regulations (U.K. or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.
It is your responsibility to determine that the Goods are sufficient and suitable for the purpose to which they are to be put. We cannot accept any responsibility either in respect of the installation of goods or as to the ultimate performance of any product in which the goods may be installed. We shall in no way be liable for any direct or inconsequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the Goods are used.
- QUANTITIES SUPPLIED
Quotations are based on prices applicable to quantities specified. In the event of orders being placed for lesser quantities the Company shall be entitled to adjust the price of the Goods as ordered to take account of the variation in quantity.
The ownership of the Goods sold by the Company to the Buyer shall remain with the Company until the Buyer has paid the price for those goods. For the purpose of these terms all liquidated sums owed by the buyer to the Company on any account or grounds whatsoever shall be deemed to form part of the sold price.
In the event that the Company provide estimates of quantities or measurements on the basis of drawings and/or Bills of Quantities and for specifications submitted by the buyer the Company shall exercise reasonable care in so doing but the Company accepts no liability for inaccuracies in the estimates or calculations.
- FAILURE TO COMPLY
If any provisions of this contract shall be void or unenforceable in whole or part the remaining provisions and the remainder of the provision affected shall remain in full force and effect.
- CONTRACT SHALL BE GOVERNED
The Contract shall be governed by the construed in accordance with English Law and all disputes arising in connection with the Contract shall be submitted to the jurisdiction of English Courts.
- INDEMNIFY BUYER
The Buyer shall indemnify the Company in respect of any loss, injury, expense or claim of whatsoever nature and howsoever arising out of the Contract or the Goods, or their storage, installation, use, operation or maintenance save to the extent that the same is caused by the negligence of the Company, its servants or agents including the Company’s subcontractors.
The Company shall not be liable for any loss or damage of the Buyer’s goods while in store at the Companies premises, or in transit to or from Buyer’s premises.