1) General
All quotations are given and all orders accepted on these terms and shall override and exclude any other terms stipulated or incorporated or referred to by the buyer, whether in the order or in any negotiations, and any course of dealing established with the Seller and Buyer. All orders hereafter made by the Buyer shall be deemed to be made subject to these terms.
2) The Goods
All descriptions and illustrations contained in the Seller’s catalogue, price lists and advertisements or otherwise communicated to the Buyer are intended merely to present a general idea of the Goods described therein, nothing contained in any of them shall form part of the contract.
3) Prices
Our prices are net, in pound sterling and do not include VAT.
If despatch of the goods is delayed at the Buyer’s request or through lack of adequate instructions from the Buyer, the Seller reserves the right to increase the price of the goods to that ruling at the date of despatch and to claim for loss, storage and expenses incurred as a consequence of such a delay.
4) Cancellation
The Buyer may not cancel or return the order without the consent of the Seller. However, if the cancellation or return of the order is approved the Buyer will be subject to paying an administration charge of 15% or a minimum charge of £20.00 whichever is greater plus payment of all delivery/collection charges where applicable.
5) Payment
Our payment terms are notified to our clients at the time of requesting a quotation.
6) Delivery
a) All delivery dates are estimates only and the time of delivery shall not be the essence of the contract.
b) All deliveries are made are tailgate, kerbside during normal office hours unless previously arranged.
c) The Buyer shall be responsible for providing adequate labour and facilities at delivery points for unloading goods ordered by him and shall keep the Seller indemnified against all claims however arising from such unloading operations.
d) The Seller shall not be liable for any loss of any kind to the Buyer arising from damage to the Goods occurring after the risk has passed to the Buyer however caused, nor shall any liability of the Buyer to the Seller be diminished by reason of such loss.
7) Installation
When installation of whatever nature is to be undertaken by the Seller the contract price is based entirely on such written information and particulars as are supplied by the Buyer to the Seller at the time of quotation and any additional labour, materials or expenditure whatsoever found subsequently to be necessary which was not apparent from the information or particulars so provided shall be the subject of a reasonable additional charge.
8) Property in Goods
Risk of loss or damage to the Goods shall pass to the Buyer from the time of delivery.
The property in the goods (both legal and equitable) shall not pass to the Buyer until the purchase price has been paid in full. The Buyer shall only be at liberty to resell the goods purchased from the Seller to a third party prior to the passing of title on the understanding that if it does resell the goods then it will hold on trust for the Seller so much of the proceeds of sale received by it under contract which include any of the goods hereby sold either in their original or altered state as are necessary to discharge payment in full to the Seller.
The Seller shall be entitled at any time after payment for the goods has become due to retake possession of the goods and remove them to the Seller’s premises and the Buyer shall be deemed irrevocably to have granted authority to the Seller to enter upon the Buyer’s premises by its servant or other agents and to retake possession of the goods and to remove them there from.
9) Inspection of Goods
The Buyer shall inspect the Goods immediately on delivery thereof and shall within three days from such delivery give notice in writing to the Seller of any matter or thing by reason whereof the Buyer may allege that the Goods are not in accordance with the order. If the Buyer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be deemed to have accepted the Goods accordingly. The Buyer will have no claim unless such notice is given.
10) Indemnity
The Buyer shall fully indemnify the Seller from and against all loss, damage, demands, claims, actions and proceedings which are or may be incurred by the Seller or threatened, demanded, brought or made against the Seller by any person, firm, Company, government or other authority with all costs and expenses incurred thereto in respect of
i. consequential loss, loss of profits or production, damage to property or injury or loss to any person
ii. any alleged or proved infringement of any patent, trademark or copyright arising by reason of the manufacture or supply of any goods to the Seller’s instructions.
11) Proper Law
The Contract shall be governed by and construed in accordance with English Law.