- Application of Condition:
Notwithstanding anything which may be contained in any purchase order or other document of the Buyer, goods are supplied subject to these conditions alone. No variations of them will apply unless expressly agreed by both parties in writing and signed on their behalf.
- Loss or Damage in Transit:
The seller will replace goods, which fail to arrive or arrive in a damaged condition. However, in order to comply with their terms of the Seller’s own insurance policy, notification of loss or damage to the goods must be made to the Seller in writing within 5 days of the date of dispatch failing which no claim in respect of such loss or damage will be entertained by the Seller.
- Delivery:
Unless specifically agreed otherwise than in writing by the Seller the date of any delivery notified by the Seller to the Buyer is an estimate only and the Seller shall not be liable for the consequences of any delay in fulfilling the Buyer’s order. Goods are delivered by carriers over whom the Seller has no control and therefore the Seller shall not be liable for the consequences of any delay in transit. In the event of goods ordered and subsequently returned for any reason the Seller reserves the right to affect a handling charge.
- Discrepancy:
The Buyer will inspect the goods on arrival and if they do not correspond in nature to the goods ordered, will give the Seller written notification of any discrepancy within 5 days of the dispatch, failing which the Buyer shall be deemed to have accepted the goods.
- Descriptions:
The photographs, dimensions, specifications and type numbers in the catalogue are shown only as a guide and although we will usually supply the exact product shown, we reserve the right on occasions to supply similar items but of detail difference.
- Accuracy of Information:
Whilst we make every effort to ensure the accuracy of the information shown in our information pack, we can accept no liability for damages or injury arising directly or indirectly from any error or omission in such information.
- Defective Goods and Consequential Loss:
The Seller guarantees that the goods are free from defects and are of merchantable quality but it is for the Buyer to satisfy himself that the goods are fit and suitable for the purpose for which he requires them. Defects in goods delivered shall not be grounds for cancellation by the Buyer of the remainder of any order or contract.
It is expressly agreed and understood by the Buyer that the Seller’s liability in respect of defective or otherwise unmerchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods, in particular the Seller shall not be liable for any damage to property nor any
consequential loss of whatsoever nature howsoever caused, arising out of any defect in the goods or from their failure to correspond to any description or representation, or from their unsuitability for any purpose. If the Buyer alleges that goods supplied are defective the Buyer will return them, to the Seller’s premises. If after examination by the Seller, it is established that the goods are defective then the Seller will replace the goods and any incidental expenses in returning the goods (e.g. carriage cost) or at the Seller’s absolute discretion refund their purchase price.
- Price:
The price of the goods will be agreed when the purchase order is confirmed, excluding VAT, and an estimate of the carriage charge made to the Buyer. Although the price of the goods will not be amended unless agreed with the Buyer, the carriage charge may be varied to take into account any variation in charges by our carriers.
- Payment:
Payment for the goods is due without any deduction either with the order if the buyer does not have a credit account or within 30 days of the date of the invoice if the buyer does have a credit account. If payment of the price or any part of it is not made by the due date the Seller shall be entitled to
charge interest on overdue accounts at the rate of 2.5% above the National Westminster Bank Base Rate per month and any further deliveries may be suspended until the account is paid in full together with any interest. In the event of non-payment of an outstanding debt we reserve the right to claim for the whole balance owing.
- Cancellations:
The Buyer shall not be entitled to cancel an order once accepted in whole or in part, except by prior agreement with the Seller and against prior payment of a reasonable cancellation charge to be specified by the Seller.
- Specification:
Goods described in the Seller’s information pack or elsewhere are subjected to a continuing process of technical change and development and the Seller therefore reserves the right to alter specifications without notice any time before delivery. All descriptions, illustrations, specifications and dimensions are approximate and are only intended to present a general guideline as to the goods therein. It is therefore agreed by the Buyer that the goods supplied may not comply in all respects with the description in the Seller’s catalogue or elsewhere. If a sample of the goods has been exhibited to and inspected by the Buyer the contract shall not constitute a sale by sample.
- Reservation of Title:
Although goods supplied by the Seller to the Buyer shall be at the Buyer’s risk immediately on delivery to the Buyer (and the Buyer should be insured accordingly), the legal ownership in the goods shall not pass from the Seller to the Buyer until they have been paid for in full. Until property in the goods passes from the Seller to the Buyer as aforesaid the Buyer shall hold the goods as the bailee of the Seller. Where the goods are supplied under a Contract Order with delivery in instalments over an extended period, then the order is to be regarded as a whole so that property in none of the goods passes until all the goods, the subject of the contract order, have been paid for in full.
- Force Majeure:
If delivery is delayed by any cause beyond the reasonable control of the Seller, a reasonable extension of time for delivery shall be granted and the Buyer shall pay such reasonable extra charges as shall have been occasioned by the delay.
- Applicable Law:
The contract is subject to English Law.
01/11/20203