Terms & Conditions
Whilst every endeavour will be made to effect deliveries on time, no guarantee as to exact dates is to be implied and no liability will be accepted for any loss or damage occasioned by delay in delivery however caused.
Any complaint of short delivery or of damage to goods delivered in the United Kingdom must be notified in writing by the buyer to the seller within 48 hours and any complaint of failure to deliver goods invoiced must be notified to the seller, in writing, within 7 days of the date of the invoice.
Any complaint of short delivery or of damage to goods delivered outside the United kingdom must be notified in writing by the buyer to the seller and the forwarding agent within 48 hours of the receipt of the goods and any complaint of failure to deliver goods invoiced must be so notified to the seller in writing within 14 days of the date of arrival at the terminal point.
The buyer shall be responsible for any non-recoverable costs incurred by the seller should the buyer cancel and order it has placed.
If any goods supplied by the seller prove on inspection to be defective in material or workmanship the seller undertakes at its option to replace the same or refund to the buyer, the price of the goods and in no circumstances will liability exceed the cost of replacement or (at the sellers option) the price paid by the buyer for such goods.
The seller shall not under any circumstances whatsoever be liable for damages whether consequential or otherwise, howsoever caused or occasioned and this undertaking is given in the place of and excludes all other warranties and conditions whatsoever whether implied by statute or otherwise.
The seller does not limit its liability for death or injury caused by the seller’s negligence or for fraudulent misrepresentation.
Responsibility for establishing the suitability of any of the seller’s products for its intended use shall rest upon the buyer and the seller shall not be liable for any loss or damage whether consequential or otherwise, and the buyer shall not reply on representations made by the seller or on behalf of the seller.
5. Quantity Delivered
Every endeavour will be made to deliver the quantities as ordered, but when a specific manufacture is entailed the exact quantities cannot be guaranteed and the seller therefore reserves the right to deliver and invoice within 10% under or over on any such item in accordance with the usual trade custom.
6. Retention of Title
Upon delivery of any goods to the buyer the risks shall pass but the seller shall remain legal owner of them until such time as the buyer shall have paid the full price for the goods and the full price of any other goods the the subject of any other contract of sale between the buyer and the seller.
The buyer acknowledges that until the buyer has paid for the goods, the buyer is in possession of the goods solely as bailee for the seller and shall store the goods separately from the buyer’s own goods and in such a fashion as to be readily identifiable by and accessible to the seller.
7. Terms of Payment
The prices charged and against which payment must be made will be those prices ruling at the date of despatch of goods. Unless otherwise agreed, payment terms shall be cash with order. If credit facilities have been agreed then payment shall be made within 30 days of the date of the invoice.
The seller has the right to withdraw credit facilities in event of any failure by buyer to adhere to these terms of payment. All prices are VAT exclusive. It is an express Condition of Sale that in the event of the seller having to have recourses legal action or debt collecting agents against the buyer in order to obtain payment of outstanding accounts any costs incurred in so doing are payable by the buyer on a full indemnity basis and that the seller shall have the right to charge without notice at commercial rates then currently in force on any overdue accounts for as long as they are overdue.
The buyer shall have no right of set off in respect of any claims it may make against the seller.
8. Returns of Goods
The seller is unable to accept return of goods without prior notification in writing and only when it has given its authorisation to such returns. Any goods returned may be liable to incur a minimum 10% handling charge.
The buyer’s own condition of purchase or the buyer’s standard condition of purchase shall not apply unless specifically accepted, in writing in advance.
The seller shall not be liable for any failure to deliver the goods from circumstances outside the sellers control.
No variation or addition to these conditions shall be binding upon the seller unless in writing under the hand of a responsible official of the seller.
The contract shall be construed in accordance with Uk Law. Both parties submit to the non-exclusive jurisdiction of Uk courts. Both parties agree that any notices shall be served at the address shown overleaf.
12. Third Party Rights
The parties to this contract do not intend that any term of the contract will be enforceable under the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.