Conditions of Sale and Business Arrangements
- Application of Conditions
Unless otherwise agreed in writing by us these conditions of sale and business, arrangements (which supersede any earlier sets of conditions) shall apply to all
contracts between us and our customers and shall override any terms stipulated, incorporated or referred to by the customers.
- Representations etc
We shall not be bound by any oral condition, warranty; guarantee or representation made or purported to be made on our behalf unless the same is in writing.
- Catalogues, Price Lists etc
All descriptions and illustrations contained in any of our advertising or sales literature are intended for information only and accordingly none of such particulars
shall form part of any contract between us and a customer.
- Prices and specification
We shall be entitled to invoice goods at the prices ruling at the date of despatch and we shall charge Value added tax at the rate prescribed at the date of
invoicing, and any other tax or duty based on or related to the supply of goods or services or turnover (whether or not included in any quotation or invoice for
which we may be liable in respect of any contract. Sizes, capacities and colours are descriptive only but are accurate within the normal standards applicable
within the industry.
- Passing of Risk
The risk in the goods contracted to be sold by us shall pass to the customer when the goods are delivered to the customer or in accordance with the
customers' instructions.
- Passing of Property
Notwithstanding the preceding clause, the property in and title to the goods contracted to be sold by us shall only pass when payment in full has been made for
such goods.
- Terms of Payment
Payment of the price or any other sum payable to us by a customer shall be paid thirty days after the invoice date unless otherwise agreed. If payment terms are
not adhered to we reserve the right not to supply goods or carry out repairs of equipment subject to warranty.
- Complaints Following Delivery
Subject as aforesaid, the customer shall immediately on their arrival unpack and inspect the goods and shall within 3 working days of delivery give notice in
writing to us of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract. If the customer shall fail to give such
notice we shall be entitled to assume that the goods are in all respects in accordance with the contract and the customer shall be bound to accept and pay for
the same accordingly. If the customer shall make any complaint within the time stipulated we shall, after we have had reasonable time to investigate the same be
entitled at our option;
(a) To replace the goods (if defective) or
(b) To accept the return of the goods (if defective) and credit the customer with the price thereof.
- Consequential Loss
We shall only be liable for damage or loss or damage to property caused by or arising from or attributed directly or indirectly to any goods supplied or work
done by us to the extent of the cost of replacing such property.
- Insolvency
If the customer, being an individual, shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make
any composition or arrangement with his creditors or, being a company, shall enter into liquidation, have a winding up order made against it, or have appointed
a receiver of its assets income or any part thereof we shall be entitled forthwith to determine any contract then subsisting by giving written notice to the customers
last known address. Any of such goods then in the possession of the customer (if not paid in full) shall forthwith be returned to us or (at our option) made
available for collection by us and we shall have the right to enter on the premises of the customer to collect such goods.
- Force Majeure
If the performance of any contract between us and a customer shall be rendered impossible or affected in consequence of any inability to secure labour
materials or supplies, act of Government, war, riot or civil commotion, strike, lock-out, fire, flood, drought, or other causes (whether or not similar in kind to all or
any of the foregoing) beyond our control, we shall be entitled (without prejudice to of our other rights against the customer) by notice in
writing to rescind the contract or to elect to impose such variation in the contract as may in our opinion be necessary.
- Legal Costs
We reserve the right to charge any legal or other costs incurred collecting outstanding accounts.
- Effect of Headings
The headings in these, Conditions of sale and business arrangements, are included for convenience only and shall not in any way affect their interpretation.
- Any sample goods delivered to a customer shall be returned by the customer to our premises within fourteen days of delivery. Otherwise the goods will be
charged to the customer at the prices ruling at the date of original despatch.
- The company will not accept the return of any goods not stocked by ourselves that have been ordered on behalf of customers unless they are found to be of
defective quality.