These conditions of sale shall apply to all transactions made between the Company, brief details of which appear overleaf, and any Purchaser (the Purchaser or Customer) of the Company’s products (the Goods). The Purchaser agrees that these conditions take preference over any document from the Purchaser.
2. Unfair Contract Terms
The Company has drawn up these conditions of sale in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. Unless the Purchaser informs the Company in writing to the contrary before any contract is made he will be deemed to have accepted that these conditions are fair and reasonable.
3. Formation of Contract
No binding contract shall be created unless the Purchaser confirms his acceptance of any quotation in writing or in the event that the Company delivers against a customers order without such written acceptance then it is assumed the Purchaser accepts these terms.
4. Variation of Contract
No alteration to these conditions will be accepted by the Company unless confirmed in writing by a Director of the Company.
5. Delivery and Quotes
The Company gives delivery dates in good faith with the information available at the time but they must be regarded as best estimates only and are not part of the Contract. The Company will make every endeavor to meet delivery requirements but accepts no responsibility whatsoever for any failure from whatever cause. Delivery costs are normally included in the price but for small deliveries under £350.00 in value the Company reserves the right to charge delivery at cost. On orders below 200m2 we reserve the right to vary the quantity supplied by plus or minus 20% and on orders above 200m2 by plus or minus 10%.
The Companies will only accept requests for proof of delivery up to 30 days after the actual date of delivery.
Goods are supplied by the Company in accordance with the description in the quote or in the absence of any such quote to the Purchasers order. Where a sample of a product is made available to a customer prior to the delivery of an order the Purchaser must carry out the relevant tests to confirm the suitability of the Product.
7. Acceptance and Fulfillment
a) The Purchaser must notify the Company within 3 days of delivery of any shortages, defects, and quality problems.
The Purchaser must afford the Company an opportunity to inspect the goods within reasonable time and before any use is made of them.
b) Non delivery must be notified within 7 days of dispatch. A clear signature on a carriers delivery note will be deemed as a sign of acceptance of both the quantity of goods delivered and that they have been received undamaged. If signed “clear” no after claims will be accepted.
c) If the goods supplied are not in accordance with the order then the Purchasers sole remedy shall be limited to the Company either replacing or crediting all or part of the goods.
d) The Company’s sole liability to the buyer, for whatever reason shall not exceed the value of the goods and the Company is under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Purchaser or liability to third parties incurred by the Purchaser.
e) All warranties and conditions whether implied by statute or otherwise are excluded from this Contract providing that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of a buyer dealing as a customer.
8. All invoices are subject to V.A.T. at the appropriate rate.
9. Terms of Payment
Payment of the goods is due 30 days following the end of the month of delivery unless otherwise agreed in writing by the Company. The Company reserves the right to vary the quoted price of the goods in the event of currency variations particularly for an official devaluation. The company reserves the right to refuse credit at any time and demand payment of any outstanding monies. The Company also reserves the right to charge interest on any outstanding amounts at 4% over Barclays Bank PLC base lending rate. Any order is subject to the Company being satisfied with the customers credit – worthiness and the Company has the right to refuse delivery until satisfactory payments have been made.
ALL GOODS REMAIN THE PROPERTY OF THE COMPANY UNTIL PAYMENT IS MADE IN FULL. The goods are at the risk of the customer from the time of their delivery to the customer (or its agent). Any goods in the customers premises must be fully insured until payment has been made.
11. In the event that the Purchaser fails to pay for goods for any reason or it enters into liquidation or has a receiving order made against it or a receiver or administrator appointed to it, then the company shall be entitled and is hereby granted an irrevocable licence to enter the Purchasers premises to take immediate possession of all the Company’s goods.
12. Legal Construction
1). Any dispute relating to the supply of goods by the Company shall be judged under English Law.
2). If the Purchaser should cancel, countermand or give notice of withdrawal from an order which has been placed he shall be obliged to repay the Company including an appropriate profit.