CONDITIONS OF SALE
- Basis of Sale
- These standard terms govern all contracts for the sales of the Company’s goods of the supply of its services.
- No variation to these terms shall be binding unless agreed in writing by the Company
- The Company’s employees or agents are not authorised to make any representation concerning the goods of services unless confirmed by the Company in writing.
- Orders
- No order shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company’s authorised representatives.
- The Buyer shall be responsible for the accuracy of the terms of any order placed with the Company.
- No order which has been accepted by the Company may be cancelled by the Buyer except with the written agreement of the Company and on terms that the Company shall be fully indemnified against any loss incurred as a result of the cancellation.
- Price and Payment
- The price of the goods or services shall be the Company’s quoted price. All quoted prices are only valid for 30 days after which time they may be altered by the Company by giving notice to the Buyer.
- The Company shall be entitled to invoice the Buyer for the price of the goods or services at any time after delivery of the goods or the completion of the services.
- Payment for goods or services will be due in accordance with the terms agreed whether as part of the Buyer’s application for credit or as part of the acceptance by the Buyer of the Company’s quotation.
- If the Buyer fails to make payment by the due date, then the Company shall be entitled to:
- Suspend any further deliveries to the Buyer and/or cease to supply the services and
- Charge the Buyer interest at the rate of 4% per annum above National Westminster Bank base rate, on any outstanding monies due to the Company until payment is made in full.
- Delivery
- Delivery dates quoted are the Company’s best estimates and the Company shall not be liable for any delay in delivery whatever the reason.
- In the Buyer fails to take delivery of the goods or fails to give the Company adequate delivery instructions then the Company may arrange to store the goods and charge the Buyer for the reasonable costs of such storage.
- Risk and Property
- Risk of damage to or loss of goods shall pass to the Buyer when the goods leave the Company’s premises. The Buyer should arrange insurance against such risks.
- Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions the property in the goods shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price agreed.
- Until such time as the property in the goods passes to the Buyer they shall be held by the Buyer as agent for the Company. They will be stored in the Buyer’s premises separately from those of the Buyer and third parties so as to make them readily identifiable as the Company’s goods.
- Until such time as the property in the goods passes to the Buyer they may be used or resold in the ordinary course of the Buyer’s business, but the proceeds of the sale shall be held by the Buyer as agent for the Company and shall be kept separate from any monies the Buyer or third parties and made readily identifiable as the Company’s monies.
- Until such time as the property in the goods passes to the Buyer the Company shall be entitled at any time to require the Buyer to deliver up the goods to the Company and if the Buyer fails to do so forthwith the Company shall be entitled to enter upon any premises of the Buyer or and third party where the goods are stored and repossess the goods.
- Warranties and Liability
- Subject to the conditions set out below the Company warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of delivery.
- The above warranty is given by the Company subject to the following conditions:
- The company shall be under no liability in respect of any defect in the goods arising from any drawing design or specification supplied by the Buyer.
- The Company shall be under no liability in respect of any defect arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow the Company’s instructions (whether oral or in writing) misuse or alteration or repair of the goods without the Company’s approval.
- Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified to the Company in writing within 14 days from the date of delivery
- Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Company in accordance with these conditions the Company shall be entitled to replace the goods (or the part in question) free of charge or at the Company’s sole discretion refund to the Buyer the price of the goods (or a proportionate part of the price) but the Company shall have no further liability to the Buyer.
- Where the buyer indicates no preference or gives no instructions to the contrary the Company’s agent, using his experience and with regards to the interest of safety, will install the goods in positions decided by him. Should any alteration to these positions be requested by the Buyer at a subsequent time then all attributable costs will be ay the Buyer’s expense.
- No responsibility can be accepted for re-decoration or re-building work of any adjacent or attached materials, including brickwork, timber, plaster, external rendering, roofs or floors which may be exposed or disturbed during the installation. All finishing work to the surrounds of the installation are at the Buyer’s costs.
- General
- This contract shall be governed by the Law of England. Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
