All goods supplied by us are sold only upon the following conditions. The placing of an order for any such goods, or the acceptance of our quotation or tender or of delivery of the goods, includes acceptance of the following conditions. Unless expressly agreed by us in writing, any other terms or conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotation or tender, all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance or other descriptive matter or precontractural statements are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of produce and the point and date of delivery. All prices are subject to alteration without notice.
Recommendations, technical data or advice relating to goods supplied by us to their use are given in good faith, but without liability for any loss, damage or injury arising directly or indirectly from any errors or omissions therein.
All offers are made without engagement and no liability is accepted for loss, damage or delaycaused by Government order, war, civil commotion, accident, fire, strikes or delay in obtaining materials of any other cause beyond our reasonable control.
We do not accept liability in respect of failure to deliver or perform or delay in delivering or performing under an Order or Contract due to any cause outside our reasonable control including but not limited to causes arising from the acts or omissions of the purchaser.
Unless previously withdrawn, our quotation is open for acceptance within the period stated therein or, when no period is so stated, within 30 days after its date, and is subject to written confirmation by us at the time of acceptance. All goods are offered subject to their being available upon receipt of order.
We reserve the right to choose the method of transport, to charge for deliveries and to charge you with all manufacturers’ carriage charges. On delivery, the Buyer shall insure the goods to the full value against all risks until the title passes to the Buyer.
Any times quoted for delivery are to date from receipt by us of your written order and all necessary information to enable us to put the work in hand. While all reasonable steps are taken to deliver goods within the delivery period, no responsibility is accepted by us for failure to do so. We reserve the right to deliver in more than one shipment at our discretion.
Unless you give us written notice within 7 days from the date of delivery that the goods are not in conformity with the contract, you are deemed to have accepted the goods.
Notwithstanding delivery, all goods supplied by us will remain our absolute property until you pay in full for them and for all other goods previously supplied by us. You will store the goods in such a way that they are readily identifiable as our property, but you may , as trustees for us, sell them to a third party in the normal course of your business. Upon any sale by you of the goods (either alone or with other items) all rights which you have against the buyer shall automatically vest in us. We shall be entitled, immediately after giving notice of our intention to repossess, to enter upon any premises with such transport as may be necessary and repossess any goods to which we have title under this Clause.
Any shortage or damage must be clearly stated upon the driver’s Delivery Sheet and a written statement of the facts received at our office within 3 days after the date of delivery, otherwise no claim will be entertained. The package and contents should be retained for examination.
Written notice of any non-delivery must be received at our office within 7 days after the date of invoice. Time is of the essence of this clause.
Our liability in respect of any claim accepted under this Clause is limited to making up the shortage or replacing any goods proved to have been damaged or lost in transit to the point of delivery, and we accept no liability for any loss or damage suffered by you, whether direct or consequential and howsoever arising.
Payment in full without retention or set-off shall be due not later than 30 days after date of invoice, with any deposits made being non-refundable. If you do not comply punctually with these terms of payment, we reserve the right to charge you interest on any amount overdue at the rate of 8% above the Lloyds TSB Bank base rate current for the time being, and without notice to suspend further deliveries until all arrears (including interest) have been paid and, furthermore, where payment of account is overdue by 7 days, all services will be suspended until payment is received and cleared in full. To the extent that any provision herein may be rendered void by prevailing mandatory National or Regional Legislation or Treaty, such provision shall be deemed deleted and these Conditions of Sale shall remain effective to the extent permitted. In the event of any conflict between these conditions of Sale and any stated by others, these Conditions of Sale shall prevail.
Unless fitted by one of our engineers, it is your responsibility to determine that the goods are sufficient and suitable for the purpose to which they are to be put. We cannot accept any responsibility either in respect of the installation of any goods or as to the ultimate performance of any product in which the goods may be installed, unless installed by ourselves. We shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the goods are used.
All goods supplied by us are manufactured by others. Accordingly, we shall pass on to you the benefit of the warranty, if any, given by the manufacturer of the goods, unless fitted by a third party. Our liability under this Clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and we shall not be under any liability, whether in contract, tort or otherwise, in respect of any defects in goods delivered or for any injury, damage or loss resulting from such defects or from anything done or omitted in connection with the goods or from any work done in connection therewith.
In no circumstances may goods supplied against a firm order be returned without our prior written consent and the receipt of your advice note stating the reason for the return and the date and number of our invoice. All goods returned must be securely packed and, unless we arrange collection, consigned carriage paid. If we collect we reserve the right to make a handling charge, and the issue of our collection note will not bind us to issue any credit in respect of the goods. We reserve the right to make a 20% handling charge of goods returned against orders correctly executed, and against orders cancelled following acceptance.
We may, without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if:-
a) you fail to make payment on the due date under this or any other contract between us;
b) you purport to cancel or suspend, or commit any breach of, this or any other contact between us;
c) you become insolvent or make any composition with your creditors or have a receiver appointed of all or any part of your undertaking or assets or go into liquidation (save for the purposes of amalgamation or reconstruction) and we shall be entitled to recover from you all our loss including any loss of profit or loss on re-sale.
Any failure by us to enforce any or all of these Conditions shall not be construed as a waiver of any of our rights hereunder.