Quotations are made and goods supplied on the basis of the following conditions, which shall be deemed to be incorporated in every contract made pursuant to such quotation or order for the supply of goods
a) Any variation of these conditions shall only be binding if agreed by a partner in writing. Any stipulation or conditions on a customer’s order form shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by a partner in writing when acknowledging the order in question
b) These terms and conditions shall apply to all trading between us and the customer. Acceptance by us of the customer’s order is conditional upon acceptance by the customer of the following conditions which override all other terms or conditions inconsistent therewith express, implied or otherwise
Quotations may be withdrawn at any time before receipt of the customer’s acceptance and shall be deemed to be withdrawn if acceptance is not received within 30 days from the date of the quotation
2. Defective Goods
Any goods supplied will be replaced free of charge or in our absolute discretion. the purchase price refunded if we are satisfied that they were defective in material or workmanship upon delivery and provided notice of the defect was given to us within 2 days of delivery and the goods are returned to our premises carriage paid provided that we accept no liability in regard to the cost of taking out, refixing or making good other materials The above obligation is undertaken in lieu of all the terms, conditions or warranties express or implied whether of statute or otherwise which are hereby expressly excluded and no liability is accepted by us for loss or damage of any kind direct or indirect whether arising by reason of our negligence or otherwise. Our total liability hereunder for all and any loss arising whether directly or indirectly from whatever reason shall be limited to the contract price for the goods.
a) Delivery dates are estimates only and the time of delivery shall not be of the essence of the contract, We shall not in any event be liable to compensate the customer in damages or otherwise for any non-delivery or late delivery of goods or for any loss consequential or otherwise arising therefrom.
b) If the customer wishes to claim that there is any shortage on delivery of any goods delivered or that the same had been damaged in transit he shall give notice in writing to us and to any carrier by whom the goods were delivered within 24 hours after the delivery is made, failing which the goods shall be deemed to have been delivered undamaged and in accordance with the delivery documents.
1. Force Majeure
Deliveries may be totally or partially suspended by the company during any period in which the company may be prevented or hindered from manufacturing, supplying or delivering the goods as a result of acts of God, fire accidents, war, strikes, lockouts or other contingencies beyond the company’s control whether of the same nature as the foregoing or not. Any goods the delivery of which has been totally or partially suspended shall be accepted by the customer at the rate of delivery specified in the order but commencing as soon as the company is no longer prevented or hindered from manufacturing supplying and delivering the goods.
2. Title & Risk
a) The goods shall be at risk of the customer as from the time when they are ready for delivering,
b) The property in the goods shall not pass to the customer but shall remain vested in us until all sums owing from the customer to us on whatsoever grounds shall have been paid, and until such time the customer shall hold the goods on trust for us. Such sums shall not be treated as paid until all cheques, bills or other instruments of payment given to us by the customer have been met or honoured in accordance with their terms.
c) The customer shall if so required store, mark or designate all goods revered to in sub-clause (b) hereof so as clearly to show that they are our property.
d) If the customer shall default in the punctual payment of any such sums due to us we shall be entitled forthwith to repossess any goods which remain our property and the customer shall for that purpose afford us access to and we shall be entitled to enter any premises in occupation of the customer or to which he had access and where the goods may then be situate
d) The customer shall not pledge or allow any lien or charge to arise over the goods or the documents of title thereto and shall not deal with them otherwise than in the ordinary course of the customer’s business.
e) in the event of any sale or disposition of the goods by the customer the customer shall hold on trust for us.
-if the goods have not been mixed with or incorporated in or attached to other goods or land or buildings, the whole of the proceeds of the sale or disposition.
– if the goods have been mixed with or incorporated in other goods or have become attached to land or buildings, so much of the proceeds of the sale as is equal to the price of the goods under this agreement.
3. Inspection of Goods
The customer shall inspect the goods immediately on delivery thereof and shall within 5 working days from such delivery give notice to us of any matter or thing by reason whereof the customer may allege that the goods are not in accordance with the order. If the customer shall fail to give such notice the goods deemed to be in all respects in accordance with the order of the customer and shall be deemed to have been accepted by the customer.
a) The customer is responsible for the suitability of the goods and materials ordered
b) The goods are supplied by us on the basis that they conform to written terms and to any description contained in this document. No other representations, terms, conditions or variations or any sort whatsoever whether written or oral alleged to have been made or entered into by us or any servant or agent of ours shall be of any force or effect.
a) Unless the sale is for cash or other credit terms have been expressly agreed all accounts are due for payment on the last day of the month following that in which goods are delivered.
b) We reserve the right to refuse to execute any order if the arrangements for payment or the customer’s credit are not satisfactory to us. In the case of nonpayment of any account when due or incase there shall be any fault or refusal on the part of the customer to take due delivery of any goods or materials or in the case of death, incapacity, bankruptcy or insolvency of the customer or when the customer is a limited company in the case of liquidation or the appointment of a receiver then the purchase price of all goods invoiced and/or delivered by us to the customer to date shall immediately become due and payable from the customer to us and in addition we are to have the right to cancel every order made with the customer or to suspend or continue delivery of goods and materials at our option without prejudice to our right to recover any loss sustained. Interest at the rate of 5% per annum above bank base rate shall be payable in respect of all sums outstanding.
c) The customer shall not be entitled to withhold payment of any amount payable under the agreement to us by reason of any dispute or claim by the customer in connection with the agreement nor shall the customer be entitled to set off against any amount payable under the agreement to us any amount which is not then due and payable by us or for which we dispute liability.
a) Our quotations and prices are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of goods as at the same time of delivery by such amount as may be necessary to cover any increase sustained by us after the date of the quotation or order in any direct or indirect costs obtaining, handling or supplying the goods.
b) Our quotations are based on priced applicable to the quantity specified and in the event of orders being placed for lesser quantities, we shall be entitled to adjust the price of goods as ordered to take account of the variation in quantity
Goods ordered as specials from manufacturers (not stock items) cannot be returned to us for credit under any circumstances Stock items which are to be returned for credit must be returned within 3 days of purchase in pristine condition and a 20% handling charge will be made. The cost of the return shall be undertaken by the customer.
All quotations and offer prices are exclusive of Value Added Tax. VAT will be added to all invoices at the rate applying at the appropriate tax point.