These conditions apply to and are deemed to be incorporated in all orders, contracts, quotations and tenders for the supply and sale of goods or services by the Company. These conditions supersede any terms and conditions contained in any Customers order unless otherwise agreed in writing by the Company.
Quotations are made upon the basis of materials and labour prevailing at the date thereof and are open for acceptance for a period of thirty days from the date of quotation. Should a quotation not be accepted within thirty days the quotation may be subject to alteration to take account of increases in costs. In addition the quotation may be withdrawn at any time prior to acceptance in writing. Stenographical errors or clerical errors, if any, are subject to subsequent correction.
Orders placed will be charged at prices current at the time of delivery.
All prices quoted are exclusive of Value Added Tax at the prevailing rate.
Credit accounts can only be opened at the Company's discretion and subject to satisfactory references being given otherwise remittances must be sent with orders.
Where a credit account has been opened goods shall be paid for by the last day of the month following the month in which the goods were invoiced to the Customer or he is notified that they are available for delivery.
The Company reserves the right to set a maximum amount of credit allowable upon each account and to withdraw credit facilities without explanation. In the event of non payment in accordance with the credit terms the whole of the price for all goods sold by the Company to the Customer whether under this or any other contract, shall immediately become due and payable and the Company reserves the right at its option, to cancel or postpone the further performance of its obligations whether under this or any other contract, without prejudice to any other right or remedy available to the Customer. The Company reserves the right to charge the Customer interest at the rate of 2 % per annum above U.K. clearing bank base lending rate from time to time until payment is made in full.
Illustrations, descriptions, weights and technical data in any of the Company's catalogues, price lists and statements (written or oral) made by any representative of the Company are provided to give customers an approximate picture and description only and do not form the basis of any contractual liability. No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
Designs of goods are subject to alteration ,without notice.
All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Company can accept no liability as to their suitability for any purpose other than that specified in writing by the Customer at or prior to the time of sale.
The Company undertakes at its option to replace or refund the purchase price of any goods sold or supplied in the following circumstances only:
The Company's liability under this clause shall be accepted by the Customer in lieu of any warranty or condition whether expressed or implied by law.
The Company undertakes to provide services with reasonable skill and care. If defects due to a failure to exercise such skill and care occur within 12 months of the completion of the supply, the Company undertakes to remedy the defects.
Special tests or tests in the presence of the Customer or his representative will be charged to the Customer unless otherwise agreed in writing.
In the event of delay on the Customer's part or his representative's part, in attending such tests, after 7 days notice of the place and time of such tests, the tests will proceed in the Customer's absence and shall be deemed to have been carried out in the Customer's presence.
Dates quoted for delivery are approximate only and in this respect time shall not be of the essence of the contract. It shall suffice for the Company to deliver within a reasonable time of the date of delivery quoted, regard being had to all the surrounding circumstances.
Where the Company offers delivery to a site nominated by the Customer, then its obligation shall be to deliver as near to the site as a safe hard road permits. The Customer shall provide free of charge any labour or machinery required for the purpose of unloading, loading or stacking.
In the event of any goods or any packing or container being delivered and deposited, whether on the public highway or elsewhere the Customer shall be responsible for all steps which need to be taken for the protection of persons or property in relation to such goods, packing or container, and shall indemnify the Company in respect of all or any costs, claims, losses or expenses which the Company may incur as a result of such delivery.
The Company cannot accept liability for any direct or indirect loss arising from delays caused by fire, flood, loss or delay in transit, strike, lockout or from any other cause beyond the Company's reasonable control.
The Company reserves the right to charge the Customer for all costs incurred on cancelled orders.
Goods must be examined forthwith on delivery.
The Company shall replace any goods damaged or lost in transit to the place of delivery provided such damage or loss is reported to the Company within 3 working days of such delivery. No other liability shall be accepted by the Company in respect of any such damage or loss.
Any rejection of the goods on any other grounds must be communicated to the Company within 10 working days.
Carriage charges will be invoiced to the Customer at rates which shall be determined by the Company from time to time unless specifically excluded in writing. When part deliveries are made on the Customer's instruction the same conditions apply as for whole and complete deliveries.
Special conditions apply for overseas contracts.
The contract between the Company and the Customer for the supply of goods or services which includes these conditions shall be governed and construed and shall take effect in accordance with the laws of England.