Terms & Conditions
1. The Contract
All quotations are given and orders accepted by the company subject to these terms and conditions. Any provision, stipulation or condition in the customer’s order form or elsewhere which conflicts with or in any way qualifies or negates any of these terms and conditions shall have no effect and these terms and conditions shall prevail.
No portion of these terms and conditions shall be invalid or varied unless evidenced in writing under the signature of a director of the company.
A quotation given by the company is not an offer and the company shall not be bound until the customer’s order has been accepted in writing. The company reserves the right to withdraw any quotation without previous notice.
Cancellations of a customer’s order will be accepted only at the company’s discretion.
Made to order products (i.e. those involving any element of machining, conversion or processing) are non-cancellable and any payments made non-refundable once production has commenced.
Notice of cancellation can only be considered if received in writing within 2 days from date of order.
The company reserves the right in the event of any cancellation to charge for all costs incurred prior to and/or resulting from such cancellation, in addition to such other remedies as it may have.
All prices quoted are provisional only and are based upon costs to the company at the date of the quotation. If the cost to the company of goods, labour, transport or any other costs increase directly or indirectly, the company reserves the right without notice to make a corresponding increase in the contract price. Unless otherwise stated in writing, all prices are exclusive of VAT and delivery. When a delivered price is quoted it only covers delivery of goods on normal working days and during normal working hours. All deliveries made at the customer’s request on public holidays, Saturday afternoons or Sundays, or outside normal working hours, will be subject to an extra charge.
Accounts are due for payment no later than the last day of the month following the date of invoice. Goods subject to a settlement discount are indicated on the invoice. This discount will only be allowed where payment is received on or before the due date. The company shall be entitled to set against any sums due to it monies owed by the company to the customer.
Credit may be allowed on such terms and conditions as the company shall at its absolute discretion from time to time prescribe. The company reserves the right to refuse to accept orders on credit at any time and without giving any reason. In the event of non-payment in accordance with credit terms, the whole of the price of the goods delivered shall immediately become due and payable and the company reserves the right to withhold, suspend or cancel outstanding deliveries.
The customer shall not be entitled to withhold payment of any amount payable to the company by reason of any dispute or claim of the customer and in the case of any short delivery or delivery of damaged goods, shall remain liable to pay the full invoice price of all other goods delivered or available for delivery.
Returnable packaging for example wooden pallets, crates and metal cages, which have been charged for will be credited when returned in good condition by the customer, carriage paid, to the source of supply i.e. the manufacturer’s factory for direct goods or the company for ex stock items.
The company reserves the right to charge interest at 4% per annum above Lloyds Bank plc base rate from time to time in force on all overdue accounts, such interest being deemed to accrue on a day to day basis from the due date for payment.
Any delivery date or time given by the company in good faith is an estimate only and the company shall not be liable for any loss, damage or expense suffered by the customer or any other party by reason of any alleged delay in delivery.
Goods collected by the customer from the company’s premises shall be deemed to be delivered when they have been loaded to the customer’s vehicle or are otherwise in the customer’s possession. Goods transported by the company shall be deemed to be delivered when they are ready to be unloaded on the site specified by the customer. The customer shall be liable for any subsequent loss of damage to the goods however caused.
The company does not undertake to deliver or collect any load over roads, or ground which it considers unsuitable and accepts no responsibility for damage to roads, driveways or paved areas save where such damage is occasioned by proved negligence of a company servant. All necessary labour and equipment required to unload materials promptly shall be supplied by the customer and the responsibility of the company’s drivers is limited to handing goods off the vehicle.
When delivery is refused by the customer or is delayed, suspended or made by instalments at the request of the customer or where the company is unable to deliver the goods due to circumstances beyond its reasonable control, the company on giving notification of readiness to deliver shall be entitled to treat the contract as fulfilled and shall then place the goods into store. Delivery will be deemed to have taken place for invoicing payment and passing or risk. The cost of storage and insurance of the goods shall be for the customer’s account. The costs of abortive delivery will be charged to the customer.
The company will not be liable for any claim for non-delivery of goods unless informed in writing by the customer on or before the 7th day after the date of despatch, as notified to the customer by the company. Goods shall be accepted by the customer’s representative as soon as they have been unloaded and in the presence of the carrier. Any claim for shortage or damage or that goods supplied are not in accordance with the quotation or contract, shall not be accepted by the company unless recorded on the delivery note and confirmed in writing to the company and also in the case of shortage or damage to the carrier within two days of delivery.
The Company reserves the right to refuse to accept the return of goods and where returns are accepted we reserve the right to charge a restocking fee.
8. Title and Risks
Until payment has been made in full, goods delivered shall remain the property of the company and the customer shall not pledge, charge or otherwise encumber them. Until the receipt by the company of such payment, the customer shall hold the goods as a bailee for the company and shall be required to store the goods safely and mark them in such a way that they are readily identifiable as the property of the company. The customer may sell such goods in the ordinary course of its business provided that until such time as the customer has paid the company for the goods in full the proceeds of same shall belong to the company to whom the customer shall account on demand and the said proceeds shall be kept in a separate identifiable account.
From the time of delivery until such a time as title shall pass pursuant to the terms herein the buyer shall comprehensively insure and keep insured the goods to their full invoiced value. In the event of a claim being made on such insurance the proceeds of such insurance shall stand in place of the goods in respect of which the claim was made and the customer shall pay such proceeds into a separate bank account which shall be held to the order of the company and the buyer shall account to the company for such proceeds. The company reserve the right in its absolute discretion at any time to revoke the customer’s power of sale forthwith by notice in writing and shall thereupon be entitled to enter upon any site or premises for the purpose of removing its goods.
No representation or warranty is given as to the suitability or effectiveness of the goods for any particular purpose and the customer shall satisfy himself in this respect and shall be totally responsible therefore. Notwithstanding that a sample of the goods has been exhibited to and inspected by the buyer, it is hereby declared that such sample was so exhibited and inspected solely to enable the customer to see the substance and general character of the goods and not so as to constitute a sale by description. The customer must rely on his own inspection.
The company shall not be liable for any personal injury (including death) however caused arising from the supply of goods except insofar as the result of the company’s negligence.
The company agrees that if any defect caused by failure, design, manufacture, materials or workmanship of the particular goods, but not by abnormal use, misuse or neglect is discovered, it may in its absolute discretion either repair the goods at its own expense, replace the goods or refund the purchase price provided that:
The defect is discovered during the period of 12 months commencing with the date of delivery.
The customer informs the company of the defect within 3 working days of discovering it and gives reasonable opportunity for the company to examine the relevant goods.
The customer returns the goods to the company and reinstated them at his own expense,
The company’s liability shall in any event be limited to the contract price and shall not in any circumstances extend to consequential loss or damage however arising. The company shall not be liable for any loss, damage or fault which is caused directly or indirectly by force majeure, exceptionally inclement weather, trade disputes or any other factor or circumstances (including the act or default of a third party) beyond the control of the company.