| CONDITIONS OF SALE
1 General. All goods supplied by us are sold only
upon the following conditions. The placing of an order for any such
goods, or the acceptance of our quotation or tender or of delivery
of the goods, includes acceptance of the following conditions.
Unless expressly agreed to us in writing, any other terms or
conditions (including any which may be contained in your order) are
excluded. Unless expressly incorporated in our quotation or tender,
all descriptions, illustrations, drawings, dimensions, weights,
measures, specifications, standards of performance or other
descriptive matter or precontractual statements are approximate only
and shall not form part of the contract. Our record of any order
placed by you verbally shall be conclusive as to the type and
quantity of produce and the point and date of delivery.
2 Validity. Unless previously withdrawn, our
quotation is open for acceptance within the period stated therein
or, when no period is so stated, within 30 days after its date, and
is subject to written confirmation by us at the time of acceptance.
All goods are offered subject to their being available upon receipt
of order.
3 Delivery. Unless otherwise specified, the price
quoted includes delivery to any premises specified by you within our
van delivery area full details of which are available on request.
The risk in all goods passes to you when they first enter those
premises or are placed in store under Clause 5. We reserve the right
to choose the method of transport, to charge you with all
manufacturers Carriage charges for special items.
4. Delivery Times. Any times quoted for delivery
are to date from receipt by us of your written order and all
necessary information to enable us to put the work in hand.
5. Delay in Delivery. If we do not receive
sufficient forwarding instructions within 14 days after notification
that the goods are ready for despatch, you will either take delivery
or arrange for storage. Otherwise we shall be entitled to arrange
storage on your behalf and at your risk, either at our own works
(making a charge of 1.5% of the invoice value of the goods per
month) or elsewhere: we shall also be entitled to payment as if the
goods had been duly delivered. All charges for storage, insurance or
demurrage will be payable by you.
6. Acceptance. Unless you give us written notice
within 7 days from the date of delivery that the goods are not in
conformity with the contract, you are deemed to have accepted the
goods.
7. Passing of Property. Notwithstanding delivery
all goods supplied by us will remain our absolute property until you
pay in full for them and for all other goods previously supplied by
us. You will store the goods in such a way that they are readily
identifiable as our property, but you may, as trustees for us, sell
them to a third party in the normal course of our business. Upon any
sale by you of the goods (either alone or with other items) all
rights which you have against the buyer shall automatically vest in
us. We shall be entitled immediately after giving notice of our
intention to repossess to enter upon any premises with such
transport as may be necessary and repossess any goods to which we
have title under this Clause.
8. Loss or Damage in Transit. Any shortage or
damage must be clearly stated upon the driver's Delivery Sheet and a
written statement of the facts received at our branch and by the
Carrier (if not ourselves) within 3 days after the date of delivery,
otherwise no claim will be entertained. The package and contents
should be retained for examination.
Written notice of any non-delivery must be received at our branch
within 7 days after the date of invoice. Time is of the essence of
this clause. Our liability in respect of any claim accepted under
this Clause is limited to making up the shortage or replacing any
goods proved to have been damaged or lost in transit to the point of
delivery, and we accept no liability for any loss or damage suffered
by you, whether direct or consequential and howeverso arising.
9. Packing Etc. Crates, cases, pallets, stillages or skids or other
returnable packaging are not included in the quoted price, and will
be charged at current rates. You will however, be credited with the
amount charged when it is returned to us in good condition within 14
days of the date of our invoice. Cable drums will be charged in
accordance with in makers' drum schedules.
10 Prices. All goods are sold subject to the
prices and any relevant discounts ruling at the time of delivery.
Our prices, discount rates and Conditions of Sale may be altered at
any time without notice. All discounts and prices are calculated
upon a 'whole order' or 'majority of the order' basis. If, when
placing your order you select only certain items or reduced
quantities are specified, we must reserve the right to review the
discounts and prices at which such orders are accepted.
11. Payment. Payment in full without retention or
set-off shall be due no later than the end of the month following
that in which the goods were delivered or on earlier demand. If you
do not comply punctually with these terms of payment we reserve the
right to charge you interest on any amount overdue at the rate of 2%
over the National Westminster Bank PLC base rate current for the
time being, and without notice to suspend further deliveries until
all arrears (including interest) have been paid and, at our option,
to rescind and subsisting contract with you as to all or any parts
of future deliveries but without prejudice to any rights already
occurred to us under such contracts.
12. Performance. It is your responsibility to
determine that the goods are sufficient and suitable for the purpose
to which they are to be put. We cannot accept any responsibility
either in respect of the installation of any goods or as to the
ultimate performance of any product in which the goods may be
installed. We shall in no way be liable for any direct or
consequential damage, loss or expense arising from any defect or
inefficiency caused by the manner in which the goods are used.
13. Defects after delivery. All goods supplied by
us are manufactured by others. Accordingly, we shall pass on to you
the benefit of the warranty, if any, given by the manufacturer of
the goods. Our liability under this Clause shall be in lieu of any
warranty or condition implied by law as to the quality or fitness
for any particular purpose of the goods, and we shall not be under
any liability whether in contract, tort or otherwise. In respect any
defects in goods delivered or for any injury, damage or loss
resulting from such defects or from anything done or omitted in
connection with the goods or from any work done in connection
therewith.
14. Return of goods. In no circumstances may
goods be returned without our prior consent. Goods can be returned
within 7 working days by E Mailing us. All goods must be securely
packed and unless we arrange collection, consigned carriage paid. We
reserve the right to make a handling charge on goods returned. A
restocking charge of 15% of the goods or £15 whichever is the
greater will apply to any orders returned.
15. Termination. We may, without prejudice to our
other rights and remedies determine the contract or any unfulfilled
part of it or withhold further deliveries or make partial deliveries
if:-
(a) you fail to make payment on the due date under this or any
contract between us.
(b) you purport to cancel or suspend, or commit any breach of, this
or any other contract between us.
(c) you become insolvent or make any composition with your creditors
or have a receiver appointed of all or any part of your undertaking
or assets or go in liquidation (save for the purposes of
amalgamation or reconstruction) and we shall be entitled to recover
from you all our loss including any loss of profit or loss on
re-sale.
16. Waiver. Any failure by us to enforce any or
all these Conditions shall not be construed as a waiver of any of
our rights hereunder. |