Terms & Conditions

TERMS AND CONDITIONS

1.         When Purchasing, the Company notifies the seller that its own terms and conditions as laid out in the purchase order apply taking precedence over any proposed by the seller. It is the essence of the buying contract that this term applies, and it is deemed agreed and applied upon the acceptance by the seller of any order placed by the Company. Invoices will be passed for payment at the end of the month following the invoice date. Payments will only be made monthly from the 15th of the month. Any dispute concerning payment must fall under the jurisdiction of the English Courts and acceptance of any purchase order by the Company is deemed acceptance of this judicial process.

2.         No contracts shall come into existence until the order is accepted by the earliest of:

a.         the Company’s written acceptance

b.         delivery of goods

c.         delivery of the Company’s invoice

d.         The proposals made by our agents or representatives only become definite after they have been accepted and confirmed by the Company.

3.         These terms and conditions shall be incorporated in the contract to the exclusion of any terms or conditions stipulated by the Customer.

4.         Prices are ex-works excluding Value Added Tax, and all other taxes or duties whatsoever unless specified in writing.

5.         Bank charges are the responsibility of the Customer and shall not be deducted from payments.

6.         If we are requested to arrange delivery, the date of delivery is deemed to be the date the goods are available for collection.

a.         The Company shall have the right to increase its prices to the Customer to account for any alteration in the cost of materials, parts or labour or to account for any changes in work or delivery schedules or quantities, or to account for increases in the Company’s cost of any kind arising for any reason after the date of contract.

7.         All invoices are payable without discount of any kind in pounds sterling 30 days from the date of the Company’s invoice unless specified in writing.

a.         No goods or services will be supplied until overdue accounts are settled in full.

b.         The Company will provide invoices in theses formats, paper invoice by mail, an electronic version and where the goods are delivered by pallet / container there will be a paper copy attached.

c.         Time for payment shall be the essence of the contract. The Customer may be required to pay the Company interest on any overdue amount from the dates the payment was due to that upon which it is made (whether before or after judgement) on a daily basis at the rate of 3% over the base lending rate from time to time quoted by Lloyds Bank Plc. and the Customer shall reimburse the Company all the cost and expenses (including legal costs) incurred in the collection of any overdue amount.

8.         As of June 2011, only Company cheques will be accepted.

9.         Property in the goods shall remain with the Company and shall not pass to the Customer until the price of the goods has been paid by the Customer in full.

a.         Until property passes the entire proceeds of sale of the goods shall be held in trust for the Company and shall not be mixed with other monies or paid into an overdrawn bank account and shall be at all times identifiable as proceeds of sale.

10.      Risk in the goods passes when they are delivered to the Customer unless specified in writing.

11.      Time for delivery is not of the essence of the contract.

12.      On receipt of goods the buyer must check quantity of delivery. Any shortage or damage must be reported to the carrier immediately, recorded

a.         on delivery note and subsequently reported to the Company within 48 hours, otherwise no claim against the Company will be accepted.

b.         The Company shall not be liable in any circumstance whatsoever for goods which are lost or damaged in transit and all claims shall be made against the carrier.

13.      Any alleged defect in goods shall be notified by the Customer in writing within seven days of delivery or in the case of any defect which is not reasonable apparent on inspection within seven days of the defect becoming to the Customer’s attention. Where a certificate of analysis or other data sources such as safety or quality controls are supplied it is incumbent upon the buyer to carry out any verification within the specified period.

14.      No goods may be returned without written permission from the Company and in any event a 10% handling and restocking charge will be made to the Customer.

15.      The Company cannot be held liable for the use of the goods and the Customer takes full responsibility for the application of materials and goods.

16.      The Company reserves the right to levy a small order surcharge to cover administrative cost.

17.      For export orders the above conditions generally apply. All items priced ex works or unless specified in writing. A charge will be made for all specialist documentation and packaging.

a.         Payment is negotiable and may be by Bankers Draft, Credit Card or irrevocable Letter of Credit payable at sight.

18.      Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.

19.      Advisory and Consultancy Services are subject to written brief and subsequent contract.

a.         The Company will not accept liability for any actions taken by the buyer unless a written contract exists specifying the extent or authority and liability. The Company only acts in an advisory capacity and does not constitute itself part of the Buyer’s organisation.

20.      All quotations are subject to force majeure. Errors and omissions are excepted.

21.      The Customer undertakes that no claim shall be made against any director, servant or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against consequences thereof.

22.      The Customer shall save harmless and keep the Company indemnified from and against: -

a.         all liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer, and

b.         without derogation from sub-clause (a) above, any liability assumed, or incurred by the Company when, by reason of carrying out the Customer’s instructions, the Company has become liable to any other party, and

c.         all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents, and

d.         any claims of general average nature which may be made on the Company.

23.      These conditions and any act or contract to which they apply shall be governed by English law and any dispute arising out of any act or contract to which these conditions apply shall be subject to the exclusive jurisdiction of the English courts.

Updated September 2018