“The Buyer” means the person firm or company with whom this contract is made.
“The Contract Goods” means the goods subject of the contract between the Seller and the Buyer.
“The Price” means the price payable for the Contract Goods.
“The Site” is the property on which the Buyer has indicated the Contract Goods are to be installed.
“Hard Dig” is defined as requiring the use of mechanical equipment to excavate solid materials such as concrete, cement, asphalt and hard-core.
TERMS OF PAYMENT
Save where the Seller has otherwise agreed in writing, payment is to be made in full and forthwith on completion of the installation and satisfactory commissioning of the Contract Goods confirmed by the handover of the keys, or at the time of delivery of the Contract Goods and handover of keys (in the case of supply only) whichever is the sooner.
The Seller reserves the right to charge Daily Interest at a rate 3% above the Base Rate of Midland Bank Plc. on all amounts overdue.
All title in the Contract Goods shall remain rested in the Seller until all money due to the Seller from the Buyer has been paid in full.
The prices quoted by the Seller are those ruling on the date of quotation. In the event of alterations in the supply and labour costs to the Seller, the Seller may pass on such increase to the Buyer provided that the Buyer is notified in writing at least fourteen days prior to the execution of the Contract. Following such notification, the Buyer may withdraw from the Contract by giving written notice within seven days of the date of notification by the Seller. In the absence of such cancellation the Buyer shall be deemed to have accepted the revised Price.
If any quotation by the Seller expressly states that the Price is fixed for a specified period, then the Price is exempt from any increase during such period.
Prices are subject to correction in the event of errors or omissions.
Unless expressly stated otherwise, all prices are exclusive of Value Added tax which will be charged at the due rate applicable on the day of invoicing.
In the event of the Site surface being of “vibrated concrete” or of the Site necessitating a Hard Dig of more than 12 inches (300 mm) the Seller shall reserve the right to make a surcharge without written notice but after consultation with the Buyer.
Notwithstanding any other provision of these terms and conditions the buyer shall, in addition to the Price, pay to the Seller by reason of, or arising out of: –
any defect in the ground conditions, or any unusual or adverse ground or other conditions affecting the Site.
The carrying out of any works required to make the Site suitable for the installation of the Contract Goods.
Any failure on the part of the Buyer to comply with its obligations herein.
Any time or date specified by the seller is given and intended as an estimate only and is not of the essence. The buyer shall not be entitled to rescind the Contract by reason of any delay in the delivery of the contract Goods, nor shall the seller incur any liability for loss suffered directly or indirectly as a result of failure to make delivery on the specified date.
The buyer shall ensure the provision of full and adequate access to the place of delivery, and all other facilities and services necessary to enable the Seller to make delivery and install the Contract Goods in accordance with the Buyers requirements.
The buyer shall notify the Seller in writing of any loss or damage to the Contract Goods (supply only contracts) within such time as will enable the Seller to comply with the carrier’s conditions relating to loss or damage, or within 3 days of delivery, whichever is the sooner. In the absence of such notice the Buyer shall be deemed to have accepted the Contract Goods.
BUYERS OBLIGATION REGARDING THE SITE
The buyer hereby warrants to the Seller that the Buyer is lawfully entitled to install the Contracted Goods, and that all the necessary planning permission, licences and consents have been obtained, and that the installation of the Contract goods will not contravene any statutory provisions or infringe any third-party rights and in particular any Highways Legislation.
The Buyer shall give to the Seller in writing full details of the location and route of services and conducting media running through, upon and over the Site.
It is the Buyers responsibility to ensure that the Site is suitable in all respects for the installation of the Contract Goods and the Seller shall not be responsible for any loss, costs, claims, demands, damages, liabilities, or proceedings by reason of the Site not being suitable and adequate for that purpose.
It is the Buyers responsibility to provide a suitable site or means for the disposal of waste material following excavation.
The formation, interpretation and operation of this contract shall be governed by English Law and the Buyer submits to the non-exclusive jurisdiction of the English Courts.
If within a period of six months of commissioning the Contract Goods the same require repair or replacement due solely to a fault in the Contract Goods or on account of faulty installation by the Seller, the Seller shall at its own cost repair or replace the Contract Goods provided that:
the Sellers liability shall be limited to the repair or replacement of the Contract Goods and not further or otherwise, and
for the avoidance of doubt the Seller will not be liable for any reason for any repair or replacement made necessary as a result directly or indirectly of any abuse of the Contract Goods or defect in the Site, or as a result of faulty or incorrect installation by an agent or contractor of the Buyer not approved by the Seller for the installation of the Contract Goods.
The Seller shall not be liable in any way whatsoever for any loss, damage or injury caused by accident or by any third party whether trespassers or otherwise.
The Contract Goods are designed to be a deterrent to unauthorised access, but the Seller gives no warranty that the installation of the Contract Goods will prevent unauthorised access and save only to the extent that liability cannot lawfully be excluded the Seller shall not be liable for any loss or damage whatsoever arising out of or as a result of unauthorised access to the Buyers property or any unauthorised interference with the Contract Goods.
LIMITATION ON DAMAGES
Save as provided in 7.1 the Seller, its agents or subcontractors shall have no liability under the contract for any personal injury, death, loss or damage of any kind whatsoever whether consequential or otherwise including, but not limited to, loss of profits and so far as the law permits the Seller hereby excludes all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which, but for such exclusions might subsist in the Buyers favour.
Neither the Seller, its servants’ agents or subcontractors shall be able for any loss or damage of any kind whatsoever (except arising from death or personal injury) whether consequential or otherwise caused directly or indirectly by any negligence on the Sellers part or on the part of any of the Sellers servants, agents, or subcontractors in connection with or arising out of the manufacture, supply or installation of the Contract Goods.
CANCELLATION OF ORDERS
The Company reserves the right to charge the Customer for all costs incurred on any cancelled orders up to the full value of the order.
Written confirmation of telephoned orders should be clearly marked as such, otherwise we cannot be responsible should the order be duplicated. All orders placed must be confirmed by an official purchase order before goods are dispatched.
The right is reserved to refuse cancellation of any order placed, or to suspend delivery of any order from time to time, if any account is in arrears.
GALVANSIED PRODUCTS WITH POWDER COATED FINISHES OVER
Hot dipped galvanising is an industrial process, and it is not possible for us to control the final finish of this substrate on any mild steel surface or product. Many factors will determine the ‘quality’ of the galvanizing such a temperature and the state and condition of the galvanising tanks and chemical composition of the steel from the mill. Products which have been galvanized will also have ‘vent’ holes to allow the gas to escape in the tanks, this is necessary and will not in any way reduce the corrosion resistance of the final product.
All products which have a galvanised and powder coated finish on top will have been ’fettled’ and treated before powder coating but it is impossible to guarantee a perfect finish of powder coating on any galvanised surface.
As such when galvanizing is painted, or powder coated over certain colours can extenuate or conceal the texture of the galvanised substrate underneath.
The final appearance of the powder coated surface will not be smooth however and any variations in the final appearance will not be detrimental the level of protection given.
Galvanising is described as a rough industrial finish, and it is not possible before the manufacturing process to determine the final result of galvanising. When galvanising is painted, colours can hide or highlight the texture of the galvanised surface.
The final texture of galvanising or powder coating a galvanised product will not be smooth. Any variations in the final appearance of galvanising do not affect the overall protection given.
RETENTION OF TITLE
Even if the Contract is terminated, we shall still have the rights set out in this Section 11.
We shall retain title and ownership of the Goods until we have received the full purchase price in cash or cleared funds due and/or owing for all Goods and/or Services supplied to you by us under this Contract and any other agreement between you and us.
Upon delivery of the Goods, you shall hold the Goods solely as bailee for us and set the Goods aside separately identified as being our property.
Until title in the Goods has passed to you, we shall be entitled to recover the Goods or any part of the Goods and for the purpose of exercising our rights we, our employees, representatives and/or agents with appropriate transport may enter upon your premises and any other location where the Goods are situated.
You are granted a licence by us to incorporate the Goods in any other products.
You are licensed to sell the Goods and any products incorporating any of them. You shall, immediately upon receipt of the proceeds of sale, and whether payment has become due under Section 8 of these Conditions, pay to us the full purchase price of the Goods sold on less any part of the full purchase price which has already been paid and until such amount has been so paid you shall hold such amount as our trustee and agent.
From the date or dates on which risk in the Goods passes to you until title in the Goods has passed to you, you shall keep the Goods insured for the price at which the Goods were sold to you against all insurable risks. If any loss or damage occurs while the Goods remain our property you shall immediately upon receipt account to us for any proceeds of such insurance policy. Any monies we receive from you will not discharge your liability to pay the full purchase price for the Goods but shall be set off against such liability. Until you have accounted to us in accordance with this Clause 11.7, you shall hold any proceeds of such policy of insurance in relation to the Goods on trust for us.
The licences granted under Clauses 11.5 and 11.6 above shall end immediately at any time by our giving notice to you.
If we have to repossess Goods using the rights in this Section 11 it will not affect any other rights, we may have against you. You shall bear any expenses incurred in such re-possession or any damage caused to any land by us in exercising their rights under these Conditions.
Our employees, representatives and/or agents shall be entitled to:
enter onto your premises from time to time to check compliance with this Section 11; and/or
inspect all your books, accounts, records, documents, and papers to determine what sums are due to us under Clause 11.6.
REPAIRS AND REPLACEMENTS
We will, at our option, either repair, replace free of charge or re-perform any defective Goods and/or Services where the defect is apparent on inspection provided that you have told us about the defect within 14 Working Days of delivery of such Goods and/or performance of the Services.
If we request, we shall have the right to inspect the allegedly defective Goods and/or the subject-matter of any allegedly defective Services, and we will not have any Liability for defective Goods and/or Services until we have been allowed to make such inspection.
We may, at our option, either repair, replace free of charge or re-perform defective Goods and/or Services which you do not tell us about within the specified time limit where in our opinion the defect could not have been discovered on inspection and you have told us about it as soon as reasonably practicable.
We will, at our option, either replace free of charge any Goods missing from a delivery of Goods provided that you tell us the items missing within 5 Working Days of delivery or, in the event of total non-delivery you tell us of this within 21 Working Days of you receiving the invoice.
Until a site survey has been undertaken, this quote is based on site unseen assuming clear unrestricted access and a level site.
Should any site details change after a site survey has been carried out, any additional costs incurred any be passed back to the client.
At quotation stage we assume that soft ground lies beneath the surface, this is due to not being able to expose the ground. Any additional hard excavation may incur additional charges.
It is the customers responsibility to inform us of any services at your site, as we assume that underground obstructions will not encroach on the excavations. If you are in possession of service drawings, please submit.
For installation projects where Bollard Steet Limited are not doing any groundworks:
All ground works to be completed prior to the arrival of Bollard Street Limited.
Installation costs assume one continuous visit during normal hours. Any restrictions on working hours or any delays or abortive visits may incur additional costs over and over the quotation.
No reinstatement of original surfacing has been allowed for in the quotation – concrete will be poured level with existing surface, unless otherwise instructed in your order.
The standard hardwood timber we use for bollards is seasoned European oak. European oak is prone to movement which is a characteristic of timber being a natural product.
Splits and ‘shakes’ are inevitable in a natural product however these do not look out of place in rural or informal environments for which these products are mainly intended.
We take every care in accordance with our quality procedure to source and produce a high-quality product, but we cannot eliminate knots, splits or shakes from our products.