Acceptance by us of your order is conditional upon acceptance by you of the following conditions, which over-ride all other terms and conditions inconsistent herewith. No variation to these conditions shall be binding upon us unless accepted by us in writing.
(a) Prices charged will be those ruling at date of despatch.
(b) In the event of your cancelling a part of the order in accordance with the provisions of Condition 3 hereof we reserve the right to revise the price or prices quoted.
2. Orders and Quotations
When ordering please quote catalogue references, quantities, size and finish. Samples submitted or illustrations of descriptions given in catalogues, trade literature or quotations must be considered as showing type or class only without warranty as to substance, performance, colour, size or shape.
Quotations which comprise an invitation to treat may be withdrawn at any time before receipt of your offer to purchase and shall be deemed to be withdrawn if such is not received within 30 days from date of quotation.
Quotations are based upon prices applicable to quantities specified. In the event your order is for a lesser quantity, we shall be entitled to adjust the price of the goods as ordered to take account of the variation in quantity.
Where non stock items have been specifically ordered for you, no cancellation of the whole or any part of any such order is permitted except where expressly agreed by us. In the event of such agreed cancellation you shall indemnify us fully against all expenses incurred as a result of such cancellation. In any case in which we are required to place a deposit with a manufacturer or supplier in respect of your order then we may require you to reimburse us with this sum in the event of your cancellation of the order or any part thereof. Where cancellation involves goods designed, made or ordered specially for you then you will be liable for any costs incurred by us in respect of such cancellation. We shall accept any goods returned to us for credit by us only if the same are in good condition.
Where chargeable packages are returnable they will be credited if returned to us carriage paid and in good condition within 14 days. Identification should be attached to all packages. After a lapse of 30 days from date of invoice, no credit will be allowed.
5. Terms (Strictly Nett Cash)
(a) Credit accounts which are strictly due within 30 days following the month of delivery may be opened at our discretion and subject to satisfactory trade references and to the observance by the customer of the credit terms.
In the event of non-payment in accordance with the credit terms or if accounts exceed credit limits the whole price of goods delivered shall immediately become due and payable and we reserve the right to charge interest on overdue accounts at 2% per month.
(b) We reserve the right at any time to our sole discretion to demand security for payment before continuing with or delivery of goods in satisfaction of any orders notwithstanding any subsisting agreement to provide credit to you.
(c) You shall reimburse to us the entire cost of re-presenting any cheque or other instrument delivered to us in payment of any sum due.
(a) Although every effort will be made to keep delivery commitments, neither in the case of breakage in transit nor delay in delivery can we accept any responsibility or liability. Damage or shortages must be noted on the drivers delivery sheet and confirmed in writing within 3 days. We reserve the right to make an additional charge for delivery if not effected by our own transport.
(b) Breakages – goods received by carrier should be examined as soon as possible and a report of any damages or breakages should be sent to us within 3 days of receipt. Unless the above condition is adhered to neither the carriers nor ourselves will accept liability.
(c) Our liability for delivery ends when the goods leave the delivery vehicle. Drivers have instructions to deliver any items they can carry to site or ground floor entrance of a building, but extra labour should be provided by customers free of charge to assist our drivers to unload heavy or bulk loads. Orders are accepted on this understanding.
(d) Goods delivered by courier service – customers who provide a “safe leaving place” do so at their own risk.
Neither the courier service nor ourselves will accept responsibility for goods left without a signature at the designated “safe place” as requested by the customer.
(e) We reserve the right to deliver by instalments and to tender separate invoices in respect of each instalment. In the event of any goods or any packing or container being delivered and deposited whether on the public highway or elsewhere you shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection of persons or property in relation to such goods, packing or containers and shall indemnify us in respect of all or any costs, claims, losses or expenses which we may incur as a result of such a delivery.
(f) If you are not ordering from UK mainland please phone for cost of delivery before submitting payment.
7. Liability On Site
(a) When delivery to site necessitates a vehicle leaving a public road, the customer shall be liable for any resultant accident or damage and fully indemnify us in respect of all or any costs claims or expenses which we may incur. The price we have quoted covers delivery to the site or the ground floor entrances of the building. If the goods are required to be delivered into the building or to an upper or lower floor, express notice of that requirement must be given with the order, and arrangements made to have adequate and prompt assistance available at the time of actual deliver. If our driver has to return to the depot without completing delivery through lack of assistance, or if addition staff has to accompany the driver, an appropriate additional charge may be made.
(b) If delivery times are restricted by local traffic regulations, it is the responsibility of the buyer to advise us of the details of the restrictions and to have assistance available for unloading at the agreed time. If the delivery has to be made outside our normal hours of business, we reserve the right to make an extra charge.
(a) No representation or warranty is given as to the suitability or fitness of the goods for any or any particular purpose and you shall satisfy yourself in this respect and shall be totally responsible therefore.
(b) In the event that a defect is discovered in any article sold by us and reported to us in writing during the period of 3 days from the date of delivery of the goods which defect was caused by faulty design or manufacture we will at our option either repair that article at our own expense, replace the article or refund the purchase price of the article subject in all cases to the return of the article to us at your expense.
(c) Save as set out above all warranties or other terms implied by stature of otherwise will not apply to this order including but not limited to those implied by the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Consumer Protection Act 1987.
(d) We shall not be liable for any consequential or indirect loss suffered by you or any third party in relation to his order and you shall indemnify us in respect of any claim of any person in respect of any such consequential or indirect loss.
(e) The above clauses constitute our entire liability under this order, which in any event shall not exceed the contract price of this order save in respect of any liability for death or personal injury resulting from negligence.
(f) You shall indemnify us against any liability that we may incur as a result of a claim against us under the Consumer Protection Act 1987 in respect of the alleged defect in the goods.
(g) Where manufacturers of goods or materials have limited or excluded their liability in respect thereof including in respect of any consequential liability the same limitation or exclusion shall apply to our liability on the sale of those goods.
9. Force Majeure
We shall not be liable for any failure to deliver or delay in delivery of the goods arising from circumstances outside our control including but not limited to lock-outs, fire, accidents, defective materials, delays in receipt of raw materials, delays in receipt of raw materials or brought goods or components.
Requests for the return of goods must be made to the office and any credit agreed will be subject to a minimum 25% deduction for re-stocking. Drivers have orders not to accept goods without prior instructions. In no circumstances can we accept back goods which have been specially procured from works or made by us to special instructions or have deteriorated. Nothing in this clause shall oblige us to accept the return of goods and it will be entirely within our sole and absolute discretion as to whether or not the return of goods is to be accepted and under what circumstances.
11. Title and Risk
(a) Risk in the goods shall pass to you when the goods are delivered.
(b) The ownership of the goods shall remain with us until you have paid all liquidated sums owed by you to us whether in respect of this order or otherwise.
(c) The goods shall be stored separately from any other goods and identification marks or serial numbers on the goods shall not be interfered with.
(d) We may at any time recover and re-sell goods in which title shall not have passed to you. We by our servants and agents shall be entitled to access to your premises or those to which you have a right of access where the goods or some of the goods are stored or thought to be stored for the purpose of re-possession at any time.
(e) You are licensed to use or agree to sell the goods subject to the express conditions that:
(i) The entire proceeds of any sale or insurance proceeds received in respect of the goods are held in trust for us and not mixed with other monies or paid into an overdrawn bank account and shall at all times be identifiable as our money.
(ii) Notification of our claim to title of the goods is given to purchasers of the goods.
(iii) We are notified of any term in any contract for sale of the goods contrary to our interest in the title of the Goods.
12. Insolvency and Breach of Contract
We shall have the option (without prejudice to any other rights against you) to rescind the contract or to suspend deliveries and all sums payable to us shall become due and payable forthwith and we shall be entitled to exercise our right to recover goods under Clause 12d above on the following events:
(a) Should any sum owing by you to us be overdue.
(b) Should you be in breach of any term of the contract.
(c) If you being a company compound or enter into any composition or arrangement with your creditors or a proposal is made for a Voluntary Arrangement with your creditors: have a Petition presented for the appointment of an Administrator or for you winding up or an Administrator is appointed of a Winding Up Order made: have a Receiver or Manager or Administrative Receiver appointed over all or any part of your assets: are unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986: pass a resolution for your voluntary winding-up save for the purpose of amalgamation or reconstruction or enters Voluntary Liquidation; are removed for any reason from the Register of Companies
(d) If you are an individual and enter a Deed of Arrangement or make any assignment for the benefit of or enter into any arrangement voluntary or otherwise with your creditors either by composition or otherwise: make or have an application made for an Interim Order in connection with a proposal to creditors for a Voluntary Arrangement: have a petition presented for your bankruptcy or are made bankrupt.
(e) If we have bona fide doubts as to your solvency.