1 Quotations and Prices
We reserve the right
to revise quoted prices and charges in the event of any change in our costs
and/or prevailing conditions between the date of quotation and the date of
despatch, and in the event of any relevant devaluation or revaluation of any
currency. 2 Payment
Where goods are delivered in the United Kingdom payment will be strictly
nett monthly account to approved accounts. Should goods be ready but
awaiting forwarding instructions these shall be deemed to be delivered for
the purpose of accounting and charged up accordingly, payment being due as
our standard payment terms. We reserve the right to charge interest on
overdue accounts at the rate of 2.5% above Lloyds Bank base rate.
3 Delivery
(a) Where the contract provides
for a single delivery or where delivery is to be made in instalments, such
single delivery or each instalment delivery, as the case may be, will be
delivered to and accepted by you immediately we tender the goods for
delivery in accordance with the contract. Where contracts provide for
deferred deliveries all the deliveries shall (unless the contract provides
otherwise) be accepted within two months of the specified first delivery or
availability date.
(b) In the event of you or your customer failing to
accept any delivery or deliveries tendered in accordance with your order
within seven days of notification by us that the goods are ready for
despatch, you shall also be liable thereforward for all expenses incurred by
us in handling and storing the goods which are ready for delivery in
pursuance of this order. All such goods will be held at customer’s risk from
that date.
(c) Without prejudice to (b) hereof, if after fourteen days
from the expiry of the seven days period mentioned in (b) you have still
failed to accept delivery of the goods we will be free to resell or
otherwise dispose of the goods without prejudice to any rights we may have
against you for breach of contract otherwise.
(d) Where contracts involve
more than one delivery if default is made in payment of acceptance on due
date in respect of any one delivery, we will at our option, and without
prejudice to any rights we may have hereunder or otherwise, be entitled to
treat the contract as repudiated and to claim damages accordingly, but any
failure or defect in any one delivery on our part shall not vitiate the
contract as to the remaining deliveries.
(e) While we will make every
effort to effect deliveries as soon as goods are ready in accordance with
pre-arranged dates, no guarantee is to be implied as to delivery dates nor
will we accept liability for loss or damage occasioned by delay in delivery
however caused.
(f) We reserve the right to complete delivery at any
point suitable for our vehicles within the main entrance of the site or
building specified.
(g) It is your responsibility to unload the goods and
provide sufficient labour or mechanical means to do so, any damage caused by
unloading is your responsibility. 4
Material Supplied on Behalf of the Buyer
Where material or other property is supplied to us by you or on your behalf
(whether owned by you or not) to be held by us for the purposes of this
contract we accept no responsibility for loss of or damage to such material
or property, howsoever and whensoever occurring, nor for imperfect work
caused by defects in or the unsuitability of any material or property so
supplied. 5 Claims
(a) Where delivery is made by us to a carrier for transmission to you or
your nominee you must notify both us and the carrier in writing of any
non-delivery or short delivery by the carrier or damage in transit, within
such time as will enable the claimant to comply with the time limits
currently laid down by the carrier for notification of claims.
(b) We
shall not be liable in respect of consequential loss or damage, nor in
respect of conditions or warranties, whether express or implied at statute
or at common law, which have not been confirmed by us in writing.
(c) We
shall not be liable in respect of any kind of claim or complaint against us
unless you notify us thereof in writing within seven days of delivery to you
of the goods (or, in the case of non-delivery within seven days of the
agreed delivery date) and we shall have the option of replacing or crediting
the value of the goods in respect of which any kind of claim is made,
thereby fully discharging all legal liability in respect thereof.
(d) All
recommendations in B.S. 5268 Part 3 1998 Code of Practice for Trussed Rafter
Roofs or any amendments, alterations or additions made to BS 5268 Part 3
1998 or any subsequent publications, regarding handling, erection and
storage of trussed rafters must be strictly adhered to, or no complaint
against us for damaged goods will be entertained.
(e) Return of goods
after delivery will not be accepted unless we or our representative have
first had an opportunity of examining them.
(f) You will be liable to
indemnify us against all expense, loss or damage suffered by us as a result
of false trade descriptions or of claims for infringement of patents, trade
marks, registered designs or copyright arising out of work done to your
direct instructions. 6 Risk
All risk in the goods will pass to you immediately on delivery of the goods
to you or to your order. 7 Property in
Goods
(a) So long as any money owing to us
from you is outstanding in respect of any goods sold subject to these
Conditions, the property in any goods sold subject as aforesaid and
delivered by us to you or to your order will not pass to you and we will
retain equitable and beneficial ownership of all such goods until all such
indebtedness has been discharged.
(b) We shall have the same rights as
under (a) hereof to claim for any such indebtedness from you to us, should
any of the said goods be converted into, or made a component part of other
goods (“converted goods”). Until all such indebtedness is discharged we
shall have the same rights of equitable and beneficial ownership in all
converted goods as we had in the said goods converted into or forming part
of them.
(c) Until all such outstanding money is paid you will hold goods
delivered by us to you or to your order and/or any converted goods in a
fiduciary capacity on our behalf and should any such goods be resold by you
you shall hold the proceeds of such sale in a like fiduciary capacity on our
behalf until the total amount of your indebtedness to us shall have been
discharged.
(d) With regard to any of the goods mentioned in (a) or (c)
hereof so long as we have equitable and beneficial ownership thereof in
accordance with this Condition we may (without prejudice to any other rights
we have) recover or resell the said goods or any of them and may enter upon
your premises by our servants and agents for that purpose at any time after
the credit period has passed or immediately upon or at any time after the
commencement of any act or proceeding involving your solvency.
8 Other Conditions of Sale
By ordering any
goods from us you will be deemed to have accepted that these Conditions take
precedence over any other Conditions contained on or in any letter,
acceptance form, receipt or the like received by us in connection with the
goods so ordered and that any such other Conditions will not form part of
the contract between us for the sale of such goods.
9 Governing Law
The interpretation and
performance of these Conditions will be governed by the law of England.
10 Contingences
No liability will be
accepted for any failure of, or delay in performance which is due wholly or
partially to restriction by Government or other competent authority,
strikes, lock-outputs, failure in our anticipated supplies of raw materials
or to any other cause whatsoever beyond our control but where we can fulful
individual contracts in full but are prevented or hindered by force majeure
from fulfilling all our contracts in full, we will be entitled to distribute
such goods as we have available among our contract customers in such
proportions as we may decide and we shall not in such circumstances be
liable for failure to fulfil any such individual contract.
11 Regulations
We shall not be liable for
any loss or damage whatever which may be occasioned by reason of the goods
supplied not conforming to the Building Regulations or any other statutory
regulations, nor for the liability under the Health and Safety at Work Act
1974 to a use of the goods by you which has not previously been notified by
you to us and approved by us in writing before such use.
These conditions supersede all previous conditions of Sale.
We reserve the right to alter specifications without notice.
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