• Acceptance
• Prices
• Alterations
• Cancellations
• Return of Goods
• Financial Terms
• Delivery
• Damage or Loss in Transit
• Performance
• On Approval
• Limitations of Contract
• Title
• General Liability
• Legal Construction
• Assignment
• Patents and Trademarks

Acceptance

No order shall be binding upon the Seller unless it is confirmed by the Seller in writing. All quotations open for acceptance for the period stated thereon and if there is no period stated within 30 days from the date thereon. No alterations or variations of the terms & conditions of any order are binding on the Seller unless agreed prior thereto by the Seller in writing.

Prices

Prices or estimates quoted are strictly 'net cash' against delivery, collection or notification that the goods are awaiting collection or against invoice in respect of services and are exclusive of Value Added Tax or any other revenue charge. Postages, packing, carriage delivery or handling are chargeable as extras unless specifically included in the quotations or estimates. Unless otherwise agreed by the Seller in writing the Seller will pass on to the Customer any increase in costs involved in the provision of goods and/or services and such costs shall include increased costs of materials or labour and any increased cost resulting from a currency fluctuation and any increase in Value Added Tax or revenue charge.

Alterations

Alterations to any orders accepted by the Seller cannot be made without the Seller's consent in writing and any additional costs involved will be chargeable to the Customer.

Cancellations

Cancellation of any orders accepted by the Seller cannot be made without the Seller's consent in writing and in no circumstances can the Seller allow cancellation of orders for goods made or specifically adapted to Customers' requirements.

Return of Goods

Goods which have been supplied in accordance with the Customer's order, but which are subsequently returned, will only be credited if the Seller's agreement to the return has first been obtained and the price at which the goods will be credited has been agreed. The Seller reserves the right to make a charge where necessary to cover the Seller's costs in putting the goods so returned into a re-saleable condition.

Financial Terms

Payment shall be made by the Customer immediately upon receipt of the Seller's invoice and if the purchase price or part thereof is not paid for a period in excess of 30 days after date of invoice the Seller shall be entitled to charge and the Customer shall pay interest calculated at the rate of 2.25% per month upon the purchase price or any part of the purchase price which is outstanding.

Delivery

The Customer shall take delivery of the goods from the Seller's premises within seven days of being notified that the same are available thereon unless otherwise expressly agreed in writing and if the Seller agrees to deliver goods then they will be delivered to the main entrance of the customer's premises during the Seller's normal business hours. If the Customer is unable to collect or take delivery of the goods at the time when the same are ready for collection, the Seller shall store the goods and take all reasonable steps to prevent their deterioration until the Customer takes delivery and the Customer will be responsible for the Seller's costs including the insurance of so doing.

Damage or Loss in Transit

No liability is accepted by the Seller for damage or loss during transit unless the Seller's carriers and the Seller are notified in writing within seven days of the receipt of the goods and in any event the Seller's liability shall be limited to the repair or the replacement of the items damaged or lost.

Performance

Every effort will be made to execute orders within the period specified by the Customer but time shall not be of the essence and it is agreed that the Customer will not hold the Seller responsible for any direct or indirect loss which may arise if the delivery is delayed as a result of strikes, lock-outs, non-delivery of materials or parts by any other manufacturer or by unforeseen circumstances, for delays caused by carriers, nor for any delay caused by the Customer in approving drawings, final specifications, payment of any installments due, or extra work.

On Approval

When the Seller accepts 'on approval' orders it is only on the strict condition that the goods are on approval for 14 days and after the expiration of that time which runs from the date of delivery or collection the goods are deemed to have been purchased by the Customer and the Customer will be invoiced for the goods and shall pay in accordance with Clause 7.

Limitations of Contract

(i) Quotations for the supply of goods including the cost of fixing or erecting equipment, are based on the work being executed during ordinary working hours and overtime, if necessary, will be charged extra. The Seller must be kept indemnified by the Customer against all the loss or damage incurred during or arising out of any work on which the Seller's employees or sub-contractors may be or have been engaged. The Seller's quotations do not include the hire of cranes or lifting equipment, use of excavators, masons, bricklayers, electricians or plumbers and the like, and their materials, unless otherwise stated.
(ii) Unless otherwise agreed in writing installation of goods and/or the training of the Customer's staff to use or maintain the goods will be charged to the Customer.
(iii) The Seller accepts no liability whether in contract, tort or otherwise that the goods are suitable or appropriate for their use/location whether or not that use/location is known to the Seller.
(iv) The Seller reserves the right to vary the specification of any goods without prior notice.

Title

Until payment by the Customer of the whole of the monies payable in respect of the goods the property in the goods or any part of them will not pass to the Customer. Until the property has so passed the Customer shall hold the goods as bailee and will at its own expense keep the goods safe and insured against customary commercial risks and shall keep them separately stored and in a readily identifiable state. Until the property in the goods has so passed the Customer shall return the goods to the Seller on demand and the Seller shall without prejudice to any other rights of either party be entitled to go upon the property of the Customer and re-possess and remove its goods.

General Liability

The Seller's liability for any loss and/or damage either direct or indirect consequential or howsoever caused shall be limited at the Seller's discretion to:
(i) replace or repair the goods supplied, or
(ii) return of the purchase price and/or the price paid for the services less a fair sum representative of the good and proper use which the Buyer has enjoyed in the Goods until deterioration or substandard performance of the goods has superseded.
(iii) The re-supply of services.

Legal Construction

The contract shall in all respects be constructed and operated as an English contract and in conformity with English law.

Assignment

The contract of which the conditions form part is personal to the Customer who shall not assign the benefit thereof without the Seller's written consent.

Patents and Trademarks

(i) No warranty or representation is given by the Seller that the goods do not infringe any letters patent, trade marks, registered designs or other industrial rights.