Terms and Conditions rev. February 2015
All quotations and orders are accepted subject to the following conditions. All conditions of the Customer or other terms conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing.
If any statement or representation upon which the Customer relies has been made to the Customer, the Customer must set out that statement or representation in a document to be attached to or endorsed on the order in which case the Company may clarify the point and submit a new quotation.
Time for delivery is given as accurately as possible but is not guaranteed. The Customer shall have no right to damages or to cancel the order for failure for any cause to meet and delivery time stated.
Risk and Title
Risk shall pass to the Customer so that the Customer is responsible for all loss damage or deterioration to the goods at the time when the goods or a relevant part thereof arrive at the place of delivery.
Title in the goods or any part thereof shall pass to the Customer when payment in full thereof has been made and the Customer shall permit any office employee representative or agent of the Company to enter on to the Customer’s premises to repossess the goods at any time prior thereto.
Terms of Payment
Terms of payment shall be net cash due and payable 30 days after the date of the invoice in respect of the goods. The Company shall be entitled to submit its invoice with its delivery advice note or at any time thereafter.
No Disputes arising under the contract nor delays beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer.
In the event in default by the Customer, the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries on any contract or contracts between the Company and the Customer without notice and to charge interest on any amount outstanding at the rate of 4% per annum above the Bank of England’s Base Rate in force at the time when payment was due.
Shortages and Defects Apparent on Inspection
The Customer shall have no claim for shortages or defects apparent on visual inspection unless:-
The Customer inspects the Goods within three working days of arrival at its premises or other agreed destination and
A written complaint is made to the Company within fourteen days of receipt of the Goods and
The Company is given an opportunity to inspect the Goods and investigate any complaint before any use is made of the Goods.
If a complaint is not made to the Company as herein provided then the Goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to pay for the same accordingly.
In the event of the condition of the Goods being such as might or would (subject to these Conditions) entitle the Customer to claim damages or to repudiate the contract the Customer shall not then do so but shall first ask to supply satisfactory substitute Goods and the Company shall thereupon be untitled at its option to take back the defective Goods and to supply satisfactory substitute Goods free of cost and within a reasonable time. The Customer shall be bound to accept such substituted Goods and the Company shall be under no liability in respect of any loss or damage whatsoever arising from the initial delivery of the defective Goods or from the delay before the substitute Goods are delivered.
Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods the Company shall not be liable in any circumstances in respect of death or personal injury and under no circumstances whatsoever shall the Company be liable for consequential loss of profits or damage to property.
Data and Technical Information
The information contained in the Company’s publications is provided for general guidance only and forms no part of the contract unless expressly agreed in writing. Customers should obtain specific recommendations and advice from the Company regarding the uses and attributes of the Company’s products.
Data Protection Act 1998
We will transfer information about you to our financiers who:
May use, analyse and assess information about you, including the nature of your transactions, and exchange such information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis, insurance claim underwriting and training purposes and in making payments and servicing their agreement with us.
From time to time, may make searches of your record at credit reference agencies where your record with such agencies may include searches made and information given by other businesses, details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches
May give information about you and your indebtedness to the following:
Our or their insures for underwriting and claim purposes
Any guarantor or indemnifier of your or our obligations to enable to them assess such obligations
Their bankers or any advisers acting on their behalf.
Any business to whom your indebtedness or our arrangements with our financiers may be transferred to facilitate such transfer.
May monitor and/or record any phone calls you may have with them, for training and/or security purposes
In the event that they transfer all of any of their rights and obligations under their agreement with us to a third party, may transfer information about you to enable the third party to enforce their rights or comply with the obligations.
If the Customer shall become bankrupt or insolvent or compound with creditors or in the event of a resolution being passed or proceedings commenced for the liquidation of the Customer (other than a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or any part of its assets or undertaking the Company shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accured or occurring to the Company.
Neither party shall be under any liability for any loss or damage caused by wholly or in part by act of God, Governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute involves its employees or not by reason of any other act matter or thing beyond its reasonable control including failure by the other party to carry out the provision of the conditions.
The contract shall be governed and interpreted exclusively according to the Law of England and shall be subject to the jurisdiction of the English Courts only.