CONDITIONS OF SALE
Contracts and orders are accepted upon and subject to the terms and Conditions and that any qualifications thereto, unless agreed between the Buyer and Seller should be deemed to be inapplicable, and further that any contrary conditions put forward by a Buyer should not be accepted.
These Conditions and the contract or order subject thereto subject to and construed in the accordance with the Law of England.
Quotations are made without engagement and subject to confirmation on receipt of order and manufacturing details.
The Seller cannot accept cancellation of orders except by mutual agreement.
While every effort will be made to supply goods which are fit for the purpose for which they are intended to be put, no warranty express or implied is given by the Seller as to the suitability or fitness of the goods supplied for any particular purpose.
4) ALLOY AND FINISH
Unless specified in the order the Seller shall not be obliged to make the goods of any specific alloy or to any specific finish but shall be at liberty to use the alloy and finish which he considers most suitable for the goods.
Descriptive pictorial or written material issued to or inspected by the Seller from time to time relating to the goods offered for sale shall not form part of any contract of sale.
Any sample of the goods, which may be exhibited or inspected by the Buyer, is exhibited or inspected solely to enable the Buyer to judge for himself the quality of the bulk and not so as to constitute a sale by sample. The Buyer shall take the goods at his own risk as to their corresponding with the sample.
7) EXECUTION OF ORDERS
Execution of orders is contingent upon the availability of the materials and the absence of any circumstances beyond the control of the seller, which hinder or prevent such execution.
The price payable for the goods shall the list price of the Seller current at the date of delivery of the goods. Any price set out in any quotation shall be considered to have been given solely for information and shall not constitute an obligation on the part of the Seller that it will deliver the goods at that price.
Despatches of goods invoiced at list price (i.e. not discounted) totalling £250 or more, will be carriage paid. Otherwise carriage is charged on full. Exports, ex - works, packing extra, all other charges forward. The Seller reserves the right to charge for any special delivery and or for any deliveries or consignments of small value and deliveries off the UK mainland or to the Scottish Highlands.
Where goods are to be delivered by instalments, each instalment shall be deemed to be sold under a separate contract and the party in default in respect of any instalment shall be liable accordingly, but no default in respect to any one instalment shall affect due performance of the contract as regards other instalments nor shall it be a ground for the cancellation of the remainder of the instalments and the Buyer shall be bound to accept delivery thereof.
12) DAMAGE, SHORTAGE OR LOSS
The Seller will not accept responsibility for damage, shortage or loss in transit unless notice IN WRITING of such damage, shortage or loss is given to the Seller and the Carrier within the carrier’s permitted period. In event of non - delivery (or total loss) no claims can be entertained unless a separate notice in writing of such non - delivery reaches the Seller within 10 days of despatch.
13) RETURNED GOODS
Goods will not be accepted for return without prior agreement of the Seller. The Seller will take back all goods supplied by it which are agreed to be defective and which are returned to it within 28 days of the date of despatch with details giving the reason for return and the date and number of the Seller’s invoice upon which such goods were charged. The Seller reserves the right to decide whether to supply to the Buyer replacement goods free of charge or to refer to the Buyer the price of the defective goods. Defects in part of any order shall not be ground for cancellation of any remaining part of the order, which is not defective.
The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which the Seller may become liable as a result of work done in accordance with the Buyer’s specification, which involves an infringement of a registered Design or Copyright.
The risk in all goods shall pass to the Buyer on delivery of the goods to the Buyer.
16) PAYMENT OF INVOICES
All accounts must be paid in the calendar month immediately following the month in which the goods are invoiced. In the event of default in payment the Seller reserves the right to charge interest at 5% above the current base rate for lending of Barclays Bank at monthly intervals on the overdue portion of the account.
17) RETENTION OF TITLE
Not withstanding delivery and passing of risk, legal and beneficial ownership of the goods shall remain with the Seller until full payment for the goods has been made. Until ownership passes the Buyer shall hold the goods free from any charge, lien or other encumbrance. The Buyer shall have possession of the goods but shall at all times remain accountable to the Seller on a fiduciary basis in respect of the goods or the proceeds of sale of the goods until payment in full thereof has been made to the Seller.
18) SUSPENSION AND TERMINATION
The Seller shall be entitled to suspend or cancel performance of the order if the Buyer (a) fails to make payment due to the Seller not by due date and / or (b) shall have a Receiver appointed, go into liquidation or bankruptcy, or cease to trade. Upon such cancellation the Buyer shall make available for collection by the Seller any goods in the possession of the Buyer for which payment has not been made.
All sizes and capacities should be taken as approximate.
20) DATA PROTECTION
Please note the following regarding the Data Protection Act 1998. We may transfer information about you to our bankers/financiers for the purposes of providing services for the following purposes: Obtaining credit insurance; Making credit reference agency searches; Credit control; Assessment and analysis (including credit scoring, product and statistical analysis); Securitisation; Protecting our interests. We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request.