Terms and Conditions
1. Unless otherwise agreed in writing by the seller these conditions
shall override any Terms or Conditions contained in any document of the
2. Any time or date named by the seller for delivery is an estimate only and the Seller shall not be liable for the consequence of any delay.
3. Where a period is named for delivery the Buyer shall take delivery within that period unless such period is extended by mutual consent in writing. If for any reason whatsoever goods are left on the Sellers hands after the agreed delivery date or after the goods are ready for despatch where no such delivery date has been agreed, then the Seller reserves the right to charge for storage and insurance of such goods in addition to invoicing the full value of same.
4. The seller may deliver by instalments in such quantities as it may reasonably decide, such instalments shall be separate obligations and no breach in respect of one or more of them shall entitle the Buyer to cancel any subsequent instalments or repudiate this contract as a whole
5. Accounts will be due for payment in the month following the date of invoice. Any discount terms agreed by the Seller to the Buyer will not be applicable on overdue accounts. When goods are ready for despatch but the delivery of same is delayed by the Buyer, the goods will be considered as delivered for accounting purposes and will be invoiced for payment. Should the buyer make default in payment for goods invoiced, then the Seller reserves the right to suspend any future deliveries until such default is rectified or to cancel the order so far as any goods remain to be delivered there under.
6. If the Buyer shall make default in or commit any breach of his obligations to the Seller of it any distress or execution shall be levied on the Buyer his property or assets or if the Buyer shall make or offer to make any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the Buyer shall be a Limited Company and any resolution or petition to wind up such Company's business shall be passed or presented (other than for the purpose of reconstruction or amalgamation) or if a Receiver of such Company's undertaking property or assets or any part thereof shall be appointed, the Seller shall have the right forthwith to determine any order then subsisting and upon written notice such determination being posted to the Buyers last known address any subsisting order shall be deemed to have been determined without prejudice to any claim or right the Seller might otherwise make or exercise.
7. Until the Seller has received the purchase price in cash the property in the goods shall be in the Seller. If payment in full in cash is not made, for whatever reason, the Seller reserves the right to enter the land and buildings containing the goods and remove them, whether fixed or unfixed and further to sell the same if he so desires to cover any damage suffered by reason of non-payment. Notwithstanding these provisions, the sold goods shall be at risk of the Buyer from the time that they cease to be in possession of the Seller.
8. The Buyer shall indemnify the Seller against all damages, penalties, costs or expenses to which the Seller may become liable as a result of work done in accordance with the Buyers specification which involves the infringement of any letters patent or registered design.
9. Contracts and deliveries may be suspended by reason of any strike, lock-out, trade dispute, fire, tempest, breakdown, accident, riot, crimes, civil disturbance, epidemics, storm, frost, flood, drought, war, shortage of materials, scarcity of labour or Government action. No responsibility shall attach to the Company for any delay, default or damage due to any of the aforementioned causes.
10. Liability is not accepted for any loss or damage whatsoever suffered by the Buyer by reason of the goods supplied not conforming to any statutory regulation, order or Local Authority Bye-Law.
11. Contracts and orders are accepted subject to the Seller receiving any necessary licences to purchase imports or use the required raw materials and to the Seller being able to obtain such raw material.
12. The quoted prices are based on the current cost of production and are subject to amendment to meet any variation in the cost of materials, labour, working hours, transport and any variation in currency exchange rates affecting the pound sterling.
All quotations are exclusive of Value Added Tax or any similar taxes, levies or duties and the Seller shall be entitled to add to the quoted price the cost such taxes at the rates applicable at the date of delivery of the goods and/or services supplied by the Seller to the Buyer and shall be entitled to recover the same from the Buyer.
13. The Seller shall not be liable for the goods alleged to be defective by the Buyer unless the Seller has been given an opportunity to examine the goods. In no circumstances will the Seller be liable to the Buyer for remedial works undertaken by the Buyer without the approval of the Seller, or for any loss or damage whether direct, indirect or consequential. Goods, which are accepted by the Seller as defective, may be returned to the Seller. The liability of the Seller is expressly limited to the replacement of any faulty goods in accordance with the original order.
Defects in quality or dimension in any delivery of goods shall not be ground for cancellation of the remainder of the order or Contract.
14. These conditions and the Contract shall be subject to and construed in accordance with the English Law.