terms & conditions
TERMS AND CONDITIONS OF SALE
By ordering any goods from the Seller, the Buyer will be deemed to accept that these conditions take precedence over any other conditions on or in any letter, order form, acceptance form, receipt or the like received by the Seller in connection with the goods so ordered and that no such other conditions will form part of the contract between the Seller and the Buyer, unless specifically agreed in writing.
1. Quotation
All quotations and tenders are given by the Seller on condition that the Seller shall not be bound until it has communicated its written acceptance of the Buyers order. The Seller reserves the right to charge for any unforeseen and additional work that may be required once work has commenced.
2. Cost Variation
Except where a price is stated to be ‘fixed’ by the Seller on its written acceptance of the buyer’s order any price quoted by the Seller or comprised in the order or contact is provisional only and the actual price to be paid by the Buyer shall be the Seller’s price ruling at the date of dispatch.
All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such prices plus VAT.
3. Payment
Goods invoiced shall be paid for by either pro-forma or on collection of satisfactory goods, as agreed with the Seller. Buyers who have agreed Credit Accounts with the Seller will pay no later than 30 days from date of invoice. If terms of payment are not complied with, the Seller shall have the right to charge interest of 5% for every month or part of a month between the due date of payment and final settlement.
If the buyer does not have a credit account with the Seller, a deposit will be required before work commences. Amount to be discussed with Buyer. Final payment will be required on completion of work.
4. Buyers Default and Remedies
A) If any of the events specified in sub 4B below occurs, the Seller may (without prejudice without any other rights against the Buyer), by giving the Buyer written notice
I. Treat the unpaid purchase price of all goods delivered by the Seller to the Buyer as being immediately due and payable; and or
II. Suspend delivery of any such good ordered by the Buyer; and or
III. Treat any or all contracts between the Buyer and the Seller as being repudiated and claim damages (including without limitation the right to sue for the price of any delivered goods specifically manufactured for the buyer).
B) The Sellers rights under 4A will arise:
I. If the Buyer fails to pay any amount when it is due under any contract with the Seller; or
II. If the Buyer is in breach of any contract between the Buyer and the Seller; or
III. If the Buyer passes a resolution or has a petition presented for its winding up or the making of an administration order against it, or has a receiver appointed over the whole or any part of its assets (being and individual) has a bankruptcy order presented against him (or suffers any similar proceedings under the law of any jurisdiction in which it or he is resident) or enters into any composition or arrangements with its creditors.
5. Delivery
a) If no time for deliver is specified in the contract, the Buyer shall be bound to accept the goods when they are ready for delivery by the Seller.
b) The risk in goods shall pass to the Buyer when the goods are delivered to the Buyer, or in accordance with his instructions. Any compliant of short delivery or of damaged goods in transit must be notified within 24 hours of receipt of goods and confirmed in writing at that time by the Buyer to the Seller and any complaint of failure to delivery goods invoiced must be so notified within ten days of the date of the invoice.
c) Each delivery will constitute a separate contract and any failure or defect in any one delivery will not vitiate the contract as to the remaining deliveries.
d) Any time or date for delivery named by the Seller is an estimate only and the Seller shall not accept liability for any loss or damage or any consequential loss arising directly or indirectly from delay in deliver however caused.
6. Ownership
The Seller and the Buyer expressly agree that until the Seller has been paid in full (including any interest charged) for any goods supplied by the Seller to the Buyer:
a) the Seller remains the legal owner of the goods;
b) the Seller may recover the goods (excluding any goods ownership of which has already passed to the Buyer) from the Buyer at any time and for that purpose, the Seller, its servants and agents may enter upon any land or building upon which the goods are situated. If the Seller resells any of the goods received, the Seller gave give the Buyer credit for nay sums received by the Seller in excess of the sums due from the Buyer to the Seller;
c) the Buyer will store the goods in such a way that they will remain clearly identifiably as the Sellers goods;
d) the Buyer may dispose of the goods in the ordinary course of its business as principle (but any warranties, conditions, or representations given or made by the Buyer to any third party shall not be binding on the Seller who shall be indemnified by the Buyer with respect thereto) and may pass good title in the goods to a third party being a bona fide purchaser for value without notice of the Sellers rights.
e) if the Buyer incorporates the goods into other products (with the addition of its goods or those of others) or uses such goods as materials for other products (with or without such additions) legal ownership of those other products is upon such incorporation or use and by that event transferred to the Seller and the provisions of sub clauses (b) and (d) shall apply mutatis matandis to those other products in place of the goods.
7. Disposal Before Payment
If the goods or any part thereof, whether or not incorporated into other products or used as material for other products, are resold by the Buyer before he has made full payment to the Seller as aforesaid, the Buyer shall hold upon trust for the Seller from the proceeds of such resale such sum as shall be equal to the amount then owing to the Seller in respect of the goods provided that if the Buyer has not received the proceeds of such resale in the full the seller shall be subjugated (without the need for further documentation) to the Buyers rights against its customer to the extent of any balance still remaining due to the Seller in respect of the goods. Nothing contained herein shall affect any other rights the Seller may have against the Buyers customer.
8. Warranties
A) the seller warrants that the goods are of satisfactory quality and that they comply with any description or specification supplied by the seller;
B) the Seller gives no warranty that the goods are suitable for any particular purpose or for use under any specific conditions, unless the Buyer has given full details of the purpose or conditions and the Seller has expressly warranted the goods suitability in writing;
C) save as stated, the Seller accepts all liability under any warranty express or implied, statutory or otherwise.
D) If the Buyer alleges any goods fail to comply with the warranty given, it shall return the goods to the Seller, which, after it has had a reasonable time to investigate and examine the goods, may:
I. Replace the goods or:
II. Accept return of the goods and credit the Buyer with the purchase price; or
III. Make the buyer an allowance representing the difference between the value of the goods at the time of the complaint by the Buyer and the value they would have had if they had been in accordance with the contract, providing the Buyer pays the balance not in dispute in accordance with normal terms.
E) goods shall not be returned without prior agreement between the Buyer and the Seller. No claim can be entertained after the goods or any part thereof have been processed in any way.
9. Limitation of the Seller Liability
A) except as otherwise expressly mentioned in these conditions, the Seller shall have no liability of any kind to the Buyer in respect of any loss or damage (whether direct indirect or consequential) suffered by the Buyer whether in contract or negligent or otherwise howsoever, other than for death or personal injury to the extent that it is caused by the negligence of the Seller, its employees or its agents.
B) no forbearance or indulgence by the Seller whether in respect of these conditions or otherwise shall be anyway affect or prejudice the rights of the Seller against the Buyer or be taken as a wavier of any of these conditions.
10. Force Majeure, etc
The performance of all contracts is subject to variation or cancellation by the Seller owing to any act of God, war, strikes, governmental regulations or orders, national emergencies, lockouts, fire, flood, drought, tempest or any other cause (whether or not of a like nature) beyond the control of the Seller or owing to any inability by the Seller to procure materials or articles required for the performance of the contract and the Seller shall not be held responsible for any inability to deliver caused by such contingency.
11. Governing Law
The Law of England shall govern the validity construction and performance of any contract to which these conditions apply.
12. Data Protection Act 1998
The Buyer acknowledges that the Seller may make a search with a credit reference agency and keep a record of that search on computer or in manual records and may share that information with other businesses. The Seller may also make enquiries about the principles and directors with credit reference agencies.
By ordering any goods from the Seller, the Buyer will be deemed to accept that these conditions take precedence over any other conditions on or in any letter, order form, acceptance form, receipt or the like received by the Seller in connection with the goods so ordered and that no such other conditions will form part of the contract between the Seller and the Buyer, unless specifically agreed in writing.
1. Quotation
All quotations and tenders are given by the Seller on condition that the Seller shall not be bound until it has communicated its written acceptance of the Buyers order. The Seller reserves the right to charge for any unforeseen and additional work that may be required once work has commenced.
2. Cost Variation
Except where a price is stated to be ‘fixed’ by the Seller on its written acceptance of the buyer’s order any price quoted by the Seller or comprised in the order or contact is provisional only and the actual price to be paid by the Buyer shall be the Seller’s price ruling at the date of dispatch.
All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such prices plus VAT.
3. Payment
Goods invoiced shall be paid for by either pro-forma or on collection of satisfactory goods, as agreed with the Seller. Buyers who have agreed Credit Accounts with the Seller will pay no later than 30 days from date of invoice. If terms of payment are not complied with, the Seller shall have the right to charge interest of 5% for every month or part of a month between the due date of payment and final settlement.
If the buyer does not have a credit account with the Seller, a deposit will be required before work commences. Amount to be discussed with Buyer. Final payment will be required on completion of work.
4. Buyers Default and Remedies
A) If any of the events specified in sub 4B below occurs, the Seller may (without prejudice without any other rights against the Buyer), by giving the Buyer written notice
I. Treat the unpaid purchase price of all goods delivered by the Seller to the Buyer as being immediately due and payable; and or
II. Suspend delivery of any such good ordered by the Buyer; and or
III. Treat any or all contracts between the Buyer and the Seller as being repudiated and claim damages (including without limitation the right to sue for the price of any delivered goods specifically manufactured for the buyer).
B) The Sellers rights under 4A will arise:
I. If the Buyer fails to pay any amount when it is due under any contract with the Seller; or
II. If the Buyer is in breach of any contract between the Buyer and the Seller; or
III. If the Buyer passes a resolution or has a petition presented for its winding up or the making of an administration order against it, or has a receiver appointed over the whole or any part of its assets (being and individual) has a bankruptcy order presented against him (or suffers any similar proceedings under the law of any jurisdiction in which it or he is resident) or enters into any composition or arrangements with its creditors.
5. Delivery
a) If no time for deliver is specified in the contract, the Buyer shall be bound to accept the goods when they are ready for delivery by the Seller.
b) The risk in goods shall pass to the Buyer when the goods are delivered to the Buyer, or in accordance with his instructions. Any compliant of short delivery or of damaged goods in transit must be notified within 24 hours of receipt of goods and confirmed in writing at that time by the Buyer to the Seller and any complaint of failure to delivery goods invoiced must be so notified within ten days of the date of the invoice.
c) Each delivery will constitute a separate contract and any failure or defect in any one delivery will not vitiate the contract as to the remaining deliveries.
d) Any time or date for delivery named by the Seller is an estimate only and the Seller shall not accept liability for any loss or damage or any consequential loss arising directly or indirectly from delay in deliver however caused.
6. Ownership
The Seller and the Buyer expressly agree that until the Seller has been paid in full (including any interest charged) for any goods supplied by the Seller to the Buyer:
a) the Seller remains the legal owner of the goods;
b) the Seller may recover the goods (excluding any goods ownership of which has already passed to the Buyer) from the Buyer at any time and for that purpose, the Seller, its servants and agents may enter upon any land or building upon which the goods are situated. If the Seller resells any of the goods received, the Seller gave give the Buyer credit for nay sums received by the Seller in excess of the sums due from the Buyer to the Seller;
c) the Buyer will store the goods in such a way that they will remain clearly identifiably as the Sellers goods;
d) the Buyer may dispose of the goods in the ordinary course of its business as principle (but any warranties, conditions, or representations given or made by the Buyer to any third party shall not be binding on the Seller who shall be indemnified by the Buyer with respect thereto) and may pass good title in the goods to a third party being a bona fide purchaser for value without notice of the Sellers rights.
e) if the Buyer incorporates the goods into other products (with the addition of its goods or those of others) or uses such goods as materials for other products (with or without such additions) legal ownership of those other products is upon such incorporation or use and by that event transferred to the Seller and the provisions of sub clauses (b) and (d) shall apply mutatis matandis to those other products in place of the goods.
7. Disposal Before Payment
If the goods or any part thereof, whether or not incorporated into other products or used as material for other products, are resold by the Buyer before he has made full payment to the Seller as aforesaid, the Buyer shall hold upon trust for the Seller from the proceeds of such resale such sum as shall be equal to the amount then owing to the Seller in respect of the goods provided that if the Buyer has not received the proceeds of such resale in the full the seller shall be subjugated (without the need for further documentation) to the Buyers rights against its customer to the extent of any balance still remaining due to the Seller in respect of the goods. Nothing contained herein shall affect any other rights the Seller may have against the Buyers customer.
8. Warranties
A) the seller warrants that the goods are of satisfactory quality and that they comply with any description or specification supplied by the seller;
B) the Seller gives no warranty that the goods are suitable for any particular purpose or for use under any specific conditions, unless the Buyer has given full details of the purpose or conditions and the Seller has expressly warranted the goods suitability in writing;
C) save as stated, the Seller accepts all liability under any warranty express or implied, statutory or otherwise.
D) If the Buyer alleges any goods fail to comply with the warranty given, it shall return the goods to the Seller, which, after it has had a reasonable time to investigate and examine the goods, may:
I. Replace the goods or:
II. Accept return of the goods and credit the Buyer with the purchase price; or
III. Make the buyer an allowance representing the difference between the value of the goods at the time of the complaint by the Buyer and the value they would have had if they had been in accordance with the contract, providing the Buyer pays the balance not in dispute in accordance with normal terms.
E) goods shall not be returned without prior agreement between the Buyer and the Seller. No claim can be entertained after the goods or any part thereof have been processed in any way.
9. Limitation of the Seller Liability
A) except as otherwise expressly mentioned in these conditions, the Seller shall have no liability of any kind to the Buyer in respect of any loss or damage (whether direct indirect or consequential) suffered by the Buyer whether in contract or negligent or otherwise howsoever, other than for death or personal injury to the extent that it is caused by the negligence of the Seller, its employees or its agents.
B) no forbearance or indulgence by the Seller whether in respect of these conditions or otherwise shall be anyway affect or prejudice the rights of the Seller against the Buyer or be taken as a wavier of any of these conditions.
10. Force Majeure, etc
The performance of all contracts is subject to variation or cancellation by the Seller owing to any act of God, war, strikes, governmental regulations or orders, national emergencies, lockouts, fire, flood, drought, tempest or any other cause (whether or not of a like nature) beyond the control of the Seller or owing to any inability by the Seller to procure materials or articles required for the performance of the contract and the Seller shall not be held responsible for any inability to deliver caused by such contingency.
11. Governing Law
The Law of England shall govern the validity construction and performance of any contract to which these conditions apply.
12. Data Protection Act 1998
The Buyer acknowledges that the Seller may make a search with a credit reference agency and keep a record of that search on computer or in manual records and may share that information with other businesses. The Seller may also make enquiries about the principles and directors with credit reference agencies.
