General
In so far as there are no express provisions to the contrary in our quotations or confirmations of orders, the following General Conditions of Sale concerning orders, prices, delivery, damage, packing, payments and disputes shall apply. Orders will not be binding on us until after we have confirmed them in writing.
Unless agreed and expressly recorded in our confirmation of order, our Conditions of Sale will take precedent over any conditions of purchase imposed by our purchasers.
Quotations and Prices
All prices quoted by us are exclusive of VAT, unless expressly stated to the contrary, at the prevailing rate and are based on material prices at the date of quotation. We reserve the right to invoice any increases in material costs from our suppliers from the date of our quotation to the date of delivery. In the case of fixed price quotation, any such increase will apply only if the delivery date is delayed by circumstances beyond our control.
Delivery
Unless stated to the contrary, delivery will be free of charge on orders with a value (excluding VAT) of £80.00 or more.
Terms of delivery will be in accordance with our quotation. We will do our best to despatch goods within the time mentioned but can accept no liability for failure to do so.
All orders are agreed to be subject to availability of the goods from our suppliers.
In the event of purchaser postponing the delivery date, the original date will still stand for the purpose of invoicing, C.O.D. and early settlement discount.
Damage in Transit
Goods should be examined immediately on arrival, and any damage or shortage reported to us and to the carriers within 3 days of receipt. In cases where the purchaser or, as the case may be, the recipient finds that the goods have suffered damage in transit, he shall take all measures necessary to limit the damage.
Non-
Terms of Payment
Unless otherwise agreed prior to the placing of the order, our normal credit terms are payment due by the 15th of the month following invoice date. If the purchaser fails to pay on the 15th of the month following invoice date or any other such period as may have been agreed, the purchaser shall be obliged to pay interest at 8% per annum above the trading rate of the Bank of England.
Notwithstanding the terms of the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts (Rate of Interest) Order 1998 S12480 it is agreed that business clients with fewer than 50 employees will also pay interest at the rate specified above on the entire amount of the invoice from the day following that which it should have been paid.
If we take measures to collect a sum or take legal proceedings as a result of failure to pay or to pay on the due date, all costs of such collection procedure or legal proceedings, including the costs of legal assistance, shall be borne by the purchaser.
Storage
In the event of the purchaser being unable to accept delivery on the agreed date, or postponing the delivery date, we reserve the right to charge for any extra carriage or storage costs incurred.
Title of Goods
Goods which have been delivered shall remain our property until all monies due and owing, including interest, have been paid in full.
It is a term of our contract that the purchaser is responsible for insuring the goods against all risks whilst the goods are on his property, up to the time of payment when the ownership of the goods passes to him.
We have the right to recover the goods if the purchaser fails to pay the sum owed by him on the due date, if he is declared bankrupt, if he applies for a moratorium, if he winds up his business, if all or part of his assets are made the subject of an attachment order, or if he otherwise fails to observe one or more of his obligations.
Credit will be given for reclaimed goods less an amount to bring the goods back to a re-
Complaints
Complaints about any defects reasonably apparent on inspection of the goods received will be considered by us only if they are brought to our attention within 7 days of receipt of the goods.
In respect of goods wrongly supplied except in respect of personal injury or damage to property conferring on a person other than the buyer a good cause of action against the seller liability of the seller to the buyer shall not exceed the sum equal to the replacement of those goods wrongly supplied.
A complaint does not postpone the purchaser’s obligations to make payment.
English Law will prevail in all agreements/disputes.