Terms and Conditions
1. Contract
These conditions shall prevail over any terms offered by the Company unless the Customer makes specific written provision to the buyer waving specific clauses.
2. Price
All prices are quoted exclusive of Value Added Tax which will be charged at the appropriate rate. The selling price is quoted exclusive of carriage, either to or from the Company's warehouse unless written arrangement is made.
The Company reserves the right to vary the price of the goods if the costs of raw materials or other services vary from the contract date and in any event orders will be invoiced at the price ruling at the date of dispatch.
3. Payment
Prices quoted are payable before delivery. If requested, and subject to satisfactory credit rating, bank and trade references, the Company may agree that an account can be given. Payments against accounts become due in full not later than thirty days from invoice date. Unless otherwise agreed in writing the Customer shall pay the Company interest on all accounts at the rate of 4% per month above the current base rate of Barclays Bank Plc from the day that payment was due until payment is made in full.
Not withstanding any agreement for credit or in the course of dealing on credit terms the Company may at any time and without giving notice or reason revoke such agreement or terms without penalty.
Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Services the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
The title to all goods sold by the Company will remain vested in the Company until full payment has been made. At anytime at the Company's discretion the Company may use its retention of title to recover goods not paid for in full from a Customer or a third party. Should the goods not be available the Company may claim other goods of a similar value. On behalf of the Company its servants or agents may enter upon the Customer premises for the purpose of repossessing the goods or goods to the same value as. If any money value difference is left after the Company has recuperated the amount outstanding the balance will be returned less costs.
Should default be made by the Customer in paying any sum due under order or contract the Company at its option shall be entitled either to suspend supplies until default is made good or treat such default as a repudiation of the contract in which case the Customer (without prejudice to any right which the company may have to the return of any goods or the payment of any compensation or damages by the Customer) pay the Company reasonable charges incurred in the course of any part performance of the contract by the Company.
If the Company owes any amount to the Customer in respect of any purchases whatsoever contra account transactions will not be accepted without prior written agreement.
If the Customer is a limited Company or other legal entity claiming limited liability and the Customer is unable to pay for goods and or services supplied for any reason whatsoever, including insolvency, the directors or partners shall also become jointly and severally liable for the debt.
4. Delivery & Inspection Of Goods
All delivery costs unless otherwise stated in writing are payable by the Customer. The Company shall bare no liability due to losses or failed deliveries.
The Company shall deliver to the address as supplied by the Customer. The Customer must have deemed to have granted authority to accept delivery to any person who accepts delivery at the address. It is the expressed duty of the Customer to inspect the goods upon receipt.
Risk will pass to the Customer at delivery. In all cases the Customer will sign a delivery note which will be conclusive evidence that the goods have been delivered in their required condition.
If the customer represents any of the goods to be defective then such goods shall not form the subject of any claim work done by the Customer or for any loss damage or expense arising directly or indirectly from such defect but if such goods are returned to the Company within 48 hours after delivery of the goods and are so found by the Company to be defective then such defective goods will be replaced as originally ordered. This clause shall not apply where the goods in question are damaged as a result of misuse, accident or the negligence of the Customer.
5. Retention Of Title
The goods remain sole property of the Company until such time as all the monies owed are paid in full. In the event of the Customer being unable or refusing to pay any outstanding debts the Company or its agents shall be authorised to enter the Customer premises where the goods are thought to be stored for the purpose of repossessing them.
The goods shall be held by the Customer as bailee of the Company until such time as the Company is paid in full. In the event of the sales of goods by the Customer as bailee of the Company it shall hold the proceeds of sale in a separate and identifiable form. The Customer shall forthwith upon receipt of such proceeds of sale pay to the Company such money received from the sale of the goods towards settlement of any outstanding sum due to the Company and shall not make any other such proceeds of sale of the goods.
6. Limitation of liability
If the Company carries out any work at the request of the Customer the Company's liability for any failure or breach of contract will be limited to the invoice cost of the work.
7. Cancellation
Orders placed with the Company cannot be cancelled except with the Company's written consent and on terms which will indemnify the Company against any damage or consequential loss.
8. Force Majeure
In event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by either an act of god, outbreak of war, either general or local riot or other civil commotion, strike, lockout, act or decree of any government or any other act, matter or thing beyond our reasonable control.
Non-delivery or non-performance by the Company's suppliers or damage, loss or destruction of the whole or part of the goods or work, the Company may at its option suspend performance or cancel its obligation under the contract without liability for any damage or consequential loss resulting there from such suspension or cancellation being without prejudice to the Company's right to recover all sums owing to it in respect of consignments delivered, or collected and costs incurred to date.
9. Assignment
The contract shall not be assigned by the Customer to any third party without the prior consent of the Company.
10. General
The Contract shall be governed by and construed in accordance with English law and all disputes arising with the contract shall be submitted to the jurisdiction of the English courts.
Terms subject to change without notice.
