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 Unless previously withdrawn, our quotation is open for acceptance within the period stated therein or, when no period is so stated, within 30 days after its date, and is subject to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
(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.