All sums become due and payable under these terms and conditions no later than the end of the month following the date of Delivery of the Goods or Invoice, whichever is sooner.
All transactions are “Strictly Net” unless a settlement discount is agreed and displayed on the bottom of the invoice.
We reserve the right to charge the customer interest at the rate of 1.5% per annum over above UK clearing bank base lending rate on all overdue accounts, such interest being deemed to accrue on a day to day basis from the date due for payment as specified above.
On any account not paid within our terms of trading we reserve the right to add to the account any costs incurred by us instructing an agent or solicitor to act on our behalf in the recovery of the account.
The credit limit will be set at the discretion of the management and you will be informed accordingly. If in the event you exceed your credit limit then an agreed payment must be received before any further goods can be dispatched. We reserve the right to dispatch and invoice any part of your order when it is available or any part of the services when such part is complete.
PASSING OF PROPERTY
While the goods are in your possession or under your control, and until the property therein has passed to you, the goods shall be at your risk and you must indemnify us against any loss or damage to the goods by payment in full of the price thereof, and against any claims arising out of injury or damage attributable to the goods.
If you (being the Company) have a petition presented for winding-up, or the Appointment of an administrator, or pass a resolution for voluntary winding-up, otherwise than for the purpose of a bona fide amalgamation or reconstruction, or compound or enter into any arrangement with your creditors, or have an Administrative Receiver appointed of all or part of
your assets, or (being an individual) become bankrupt or insolvent, or enter into any arrangement with your creditors, or commit a material or serious breach of the Agreement (and in the case of such breach being remedial fail to remedy it within 7 days of receiving notice to do so), you will be deemed to have repudiated the Contract and all sums owing to the Company on any account shall become due and payable forthwith without requirement for any notice to be given.
If payment for goods delivered is overdue we shall be at liberty, (without prejudice to any of our other rights), to recover or resell the goods, or any part of them, and for those purposes we may enter the customer’s premises and take possession of the said goods and sell or otherwise deal with or dispose of them in such a manner as we shall deem fit.
Carriage is chargeable and will be agreed prior to order. Offloading is the responsibility of the customer unless specified otherwise.
All quotations are given at current prices, but are subject to alteration in accordance with prices ruling at the time of delivery, (Unless we specifically state for a fixed period).
You shall properly use, care for and maintain the goods. Our liability under this Condition shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose, or merchantable quality of the goods. No statement made or agreed and no liability undertaken orally shall be binding on us unless confirmed by us in writing. Save as provided in this Condition we shall not be under liability whether in contact or arising out of stature, or in tort, or otherwise for any loss, damage, injury or death arising directly or indirectly from goods supplied by us.
All the above conditions are general, but manufacturer’s terms of business will apply where they differ in any respect, and acceptance of such goods constitutes an acceptance of such conditions. Goods ordered specifically cannot be cancelled without our written sanction. You cannot cancel this contract if you have ordered goods which are being made to your specification or if the services have started to be performed with your agreement.
We shall have no liability for errors in any specification or details supplied by you or third party on your behalf, and you are solely responsible for the suitability and accuracy of such specification and details. You will indemnify us for any liability which occurs as a result of our use of specifications, details or drawings supplied by you or any third party on your behalf.
We will have no liability if we are prevented or delayed from performing our Obligations under the contract due to matters beyond our reasonable control. We shall be free to utilize for the benefit of our other customers any skill and or knowledge that we may develop or acquire in the supply of the goods or services to you. We shall retain ownership of the goods until we have received the full purchase price in cash and any other services provided to you under this contract.
Goods correctly supplied may not be returned without our agreement. Goods so returned must be consigned Carriage Paid and accompanied by a Packing Note stating our Delivery Note Number. In some instances a re-stocking charge may be made.
DELIVERY AND EXAMINATION OF GOODS
Unless agreed in writing the risk on the goods should pass on delivery to you or your agent. Goods must be examined forthwith on delivery. Any dates that we give you for delivery and or performance are estimates only and are also conditional upon us promptly receiving from you final instructions for delivery and or performance. Time is not of the essence in relation to such dates and we will not be responsible for any failure to deliver or complete by such dates.
The Supplier shall replace any goods damaged or lost in transit to the place of delivery provided such damage or loss is reported to the Company within 3 working days of such delivery. No other liability shall be accepted by the Company in respect of any such damage or loss.
Any rejection of the goods on any other grounds must be communicated to the Company within 5 working days.
CANCELLATION OF ORDERS
The Company reserves the right to charge the Customer for all costs incurred on cancelled orders.
PACKING IN TRANSIT
Goods received damaged should be signed for as “damaged”.
Customers are asked to note the prescribed periods for notification of damage to or shortage and non-delivery of goods and the submission of claims in respect thereof and we will hold ourselves indemnified from any loss resulting from Customers’ failure to comply with the requirements of the Railway Executive, Road Companies and P.O. Regulations.
Written confirmation of telephoned orders should be clearly marked as such, otherwise we cannot be responsible should the order be duplicated. The contract between us will become legally binding when we have notified you in writing of the acceptance of your order.
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.
Unless otherwise agreed in writing by one of our directors, the construction, validity and performance of any contract arising thereunder shall in all respects be construed and operate in accordance with English Law and shall be subject to the jurisdiction of the English Courts.