Conditions of Sale
1. Acceptance Of Orders
(a) The Company is only prepared to supply goods subject to these conditions. All offers by the Company to supply goods shall be taken to be subject to these conditions, as shall all acceptances by the Company of orders placed with it (whether such acceptances be express or implied). No variation or modification of these conditions shall bind the Company unless agreed in writing by a duly authorised servant or agent on the Company. These conditions shall prevail over all other terms and conditions affecting any contract to which they apply.
(b) In the event of any dispute as to the terms on which goods have been supplied by the Company, the terms set out on the Company’s acceptance of order (or if none has been despatched the terms set out on the Company’s invoice) shall be conclusive evidence of the terms agreed between the parties.
(c) Orders are accepted on the basis that they will be supplied subject to availability.
2. Prices
(a) Prices, discounts and carriage terms are subject to variation by the Company without notice and all goods will be invoiced and paid for at prices current at the time of despatch from our warehouse unless quoted in writing as firm for acceptance within a specified period.
(b) Prices and other information contained in price lists and catalogues shall not form part of any contract or agreement.
3. Settlement Terms
(a) All invoices must be paid by the end of the month following the month in which the goods were delivered.
(b) The Company shall be entitled to charge interest at the rate of 1.5% per month on overdue amounts.
(c) In the event of the necessity of the involvement of a collection agency to recover outstanding monies owed by the customer, the Company will pass on any charges incurred to the customer.
4. Delivery
(a) Anytime or date for delivery named by the Company is an estimate only and the Company shall not be liable for any loss or damage or any consequential loss arising directly or indirectly from delay in delivery, however caused.
(b) The risk in goods contracted to be sold by the Company shall pass to the buyer upon delivery to the Buyer.
(c) Any damage or discrepancy must be notified to the Company in writing within seven days of delivery and if such notification is not given with seven days of delivery (time being the essence) then all liability on the part of the Company for such damage or discrepancy however caused and whether due to fault on the Company’s part or not shall cease.
5. Returned Goods
Goods should not be returned without first contacting the Sales Office. If the error is on our part we shall provide a replacement or credit note. If the error is that of the Customer and the products are resaleable, we may accept the goods for return but we will levy a 10% handling charge plus any carriage costs. Invoice number, delivery date and reason for the return must always be quoted.
6. Liability (suitability for purpose)
Owing to the wide variety of products supplied by the Company and the multiplicity of purposes for which they may be used and the fact that the Company has no control over the method or application of use, The Company excludes all conditions and warranties expressed or implied by statute as to the fitness of goods supplied or their suitability for any purpose. This condition shall remain effective not withstanding any technical advice given by the Company to assist the Customer. For the reasons above stated the Company can accept no liability for any loss or damage or consequential loss or damage arising out of the goods supplied by it, however caused.
7. Title.
The property in goods supplied by the Company shall not pass to the Purchaser until payment in full has been made by the Purchaser for all goods supplied by the Company up to the date of delivery of the goods in question. The goods shall be at the Purchasers risk from the time of delivery and shall until use or resale by the Purchaser by stored by him in a safe and suitable place, kept separate from all other goods and clearly identified as the property of the Company. The Purchaser shall be entitled to use/or resell the goods and in the event of resale (whether in their delivery state or as part of a building, structure, article or product) then until the passing of the property to the Purchaser the Company shall be entitled to the proceeds of resale in the hands of the Purchased or any Liquidator Receiver or Trustee in Bankruptcy of the Purchaser.
8. Carriage.
The Company shall not charge carriage on Deliveries of over £150 nett (UK mainland). Deliveries of less than this amount shall be charged at “part of” or full carriage costs.