Terms & Conditions
General Terms and Conditions
1. General -
All quotations are given orders accepted and goods supplied subject to the following terms and conditions and No addition Thereto or variation thereof shall be effective unless expressly agreed in writing by the Company No servant agent or Representative of the Company has any authority to vary these terms in any way.
2. Conditions & Warranties -
No condition of warranty is expressed or to be implied as to the suitability of the goods supplied by the Company for any particular purpose or for use under or in accordance with any specific conditions (irrespective of whether or not such purpose or conditions may be known or is made known to the Company) unless The Company other specifies in writing.
3. Quotations -
Unless previously withdrawn, quotations are open for acceptance within the period stated in them. Where no period is stated, the quotation shall be open for acceptance within thirty (30) days from the date it's given Unless withdrawn by the Company during that time. 4. DESCRIPTION - All specifications and particulars of weights, quantities and dimensions submitted with the Company's Quotations are approximate only, and the descriptions and illustrations contained in the Company's catalogues, price lists and other advertising material are intended merely for illustration and do not form part of any contract.
5. Prices & Charges -
(a) All orders are subject to prices prevailing on the date the order is dispatched, and are subject to amendment On or after acceptance without notice unless otherwise agreed in writing by the Company.
(b) Unless otherwise stated, all prices and charges are exclusive of Value Added Tax, delivery, packing and insurance Charges.
(c) Unless otherwise stated, all prices and charges are for goods available for collection at the Company's premises.
(d) Any extra costs incurred by the Company on account of delays, interruptions or suspension of work due to the Customer's instructions or absence of instructions will be added to the contract price and paid accordingly.
(e) All price lists and catalogues issued by the Company are subject to change without notice.
6. Terms of Payment -
(a) Unless otherwise stated, all accounts are strictly net and payable in full within thirty (30) days from the date of the invoice and no deductions or cash discounts will be allowed.
(b) In the event of non-payment of any invoice within the prescribed period, interest shall accrue to the Company At the rate of 2% per calendar month (or proportionately for any lesser period) from the due date of payment Until payment in full is received to the Company. The customer shall be liable for any costs or expenses legal Or otherwise incurred by the Company as a result of non-payment or delayed payment of an invoice
7. Terms of Payment (Overseas Customers) -
Overseas customers must pay for all goods ordered from the Company In sterling by irrevocable confirmed letter of credit addressed to a paying banker in the United Kingdom nominated by the Company against delivery of the Company's invoices to the said banker. The Company reserves the right to present invoices Before dispatch of the goods ordered and shall be under no obligation to dispatch goods until payment has been made.
(a) Any time or date for delivery named by the Company is an estimate only and the Company shall not be liable for the consequences of any delay.
(b) Unless otherwise agreed, delivery of the goods will occur when the goods are made available for collection at the Company's premises.
(C) When requested by the customer, the Company will at the customer's expense and risk make such carriage insurance and freight shall be added to the invoice.
9. Loss or Damage in Transit -
No claim for damage in transit, shortage of delivery or loss of goods will be accepted by the company.
Unless such damage or shortage or loss is endorsed on the carrier's delivery note, or, if the goods have been delivered and the delivery Note endorsed as "not examined", a separate notice in writing is given to the carrier concerned and the Company within seven days Receipt of the goods. In the event of any claim for damage of transit, shortage of delivery or loss of goods properly made as aforesaid, The Company shall replace free of charge the goods damaged or lost or make up the shortage of goods supplied. Save as aforesaid the Company shall not be liable for any loss damage liability or expense whatsoever and howsoever arising from any loss or damage in transit Or shortage of delivery.
10. Delay in Delivery -
Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage delay or interruption of work in the establishment of the Company during the delivery period as a result of any act of God, war, strikes, lock-outs, or other trade disputes, riot civil commotion, fire, flood, legislation, breakdown, accident or any other cause whatsoever beyond the control of the Company.
11. Storage -
If by any reason of instruction or lack of instructions from the customer dispatch of the goods is delayed for seven (7) days after the Company has notified the customer that the goods are ready for delivery, or in the event of the customer failing to collect the goods within seven days after the customer has been notified that the goods are ready for collection, the goods ordered shall be stored by the Company At the customer's risk and the customer shall repay to the Company the cost of storing and insuring the goods. For the purposes of Condition 6 (Terms of Payment), the goods shall be invoiced to the Customer upon the expiry of the said 7 day period.
The customer must inspect the goods immediately on delivery thereof Or collection as the case may be unless within seven (7) days from such inspection to the Company of any matter or thing because of which the Customer alleges that the goods are not by the contract, the goods Shall be deemed to be in all respects following the contract and the customer Shall be bound to accept the payment for the same accordingly.
13. Defective Goods -
(a) Defective goods in respect of which a claim is made under the provisions Of Condition 12 hereof will be replaced by the Company, or if a replacement is not Practicable the Company will credit the value of the goods at the invoice price PROVIDED ALWAYS that defective goods are promptly returned to the Company, Carriage paid, unless otherwise agreed.
(b) In the case of goods supplied but not manufactured by the Company the Company's sole responsibility shall be to give the customer the same warranty in respect thereof As is given to the Company by the supplier PROVIDED ALWAYS that the Company Shall not be under any obligation to pay any liability or expense greater than the Amount the company shall recover from the supplier in respect thereof.
(c) The Company shall not be liable for any loss damage liability or expense whatsoever And howsoever arising from any defect of the goods supplied save as detailed in Condition7s 13 (a) and (b) above.
14. Force Majeure -
Every effort will be made by the Company to carry out its contract With the customer the performance of the contract is subject to cancellation by the Company or if such reasonable variation as the Company may consider appropriate As a result of the inability to secure labour, materials or supplies or as a result of any act Of God, war strike, lock-out or other labour disputes riot or civil commotion, fire, flood, Legislation, breakdown, accident or any other cause whatsoever beyond the Company's Control
15. Retention of Title on the Sale of Goods -
All goods are supplied to customers on The following terms:
(a) The ownership of goods delivered by the Company shall be transferred to the customer Only when all sums owed by the customer to the Company have been paid. Without prejudice to the foregoing, however, the customer shall assume the risk of loss or damage to the goods for the date of delivery.
(b) Should the customer fail to make any payment to the Company for goods supplied To it, the Company reserves the right to refuse to make any further deliveries irrespective Of which contract to which such further deliveries may relate, and to, rescind the contract or contracts with the customer but without prejudice to the Company's rights and remedies Respect of such non-payment including the Company's right to recover goods delivered but Unpaid for by this condition 15.
(c) Pending payment of the full price in respect thereof, the customer acknowledges that he has the goods solely as a bailee from the Company until the full price thereof is paid.
(d) Until such time is paid, the customer will store all the goods on his premises separately From its goods and those of any other person and in a manner which makes them readily identifiable as the goods of the Company and the customer hereby grants to the Company its servants or agents the right in default due to payment by the customer to Enter on the customer's premises to recover the goods.
(e) Should any goods delivered by the Company to the customer be converted into or shall be Incorporated in a new product by the customer such conversion or incorporation shall be deemed to have been effected on behalf of the Company and the Company shall have full legal and beneficial ownership of such new product (but without accepting or incurring any Responsibility or liability whatsoever in respect of such new products about any third Party) until payment in full shall be made by the customer to the Company In respect of the goods converted or incorporated as aforesaid.
(f) Notwithstanding the foregoing, if the customer shall sell any of the goods delivered by the Company (whether converted into or incorporated in new products or otherwise) in such A manner as to pass a third party a valid title therein, the customer shall hold the proceeds Of sale on trust for the Company; ALWAYS PROVIDED that nothing herein contained shall Constitute the customer as an agent of the Company for any such sub-sale And also provided that the customer shall not be entitled to sell such goods after the Appointment of a Receiver to its property or after it has been placed in liquidation, or, not Being a company, has committed an act of bankruptcy.
16. Cancellation -
The customer shall not be entitled to cancel any order (whether in whole or part) Unless the Company agrees in writing and only then subject to the customer indemnifying the Company in full against any costs expenses or losses incurred by the Company in respect of such cancelled order, all of which shall be paid to the Company upon cancellation.
17. Arbitration -
If at any time any question dispute or difference whatsoever shall arise between the Company and the customer upon or in connection with any contract between them which the parties shall have failed to resolve then either of them may refer to such question dispute or difference to Arbitration by a person to mutually agreed upon or failing agreement within fourteen days to some Person appointed by the President for the time being of the Law Society of England and Wales.
18. Legal Construction -
Unless otherwise agreed in writing, any contract between the Company and The customer will be governed by and construed by English Law.
19. Acceptance of Terms & Conditions -
The acceptance of the Company's quotation (or any party Thereof) or the acceptance of goods delivered by the Company shall be deemed to be acceptance of these terms and conditions of sale.