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Terms and Conditions
CONDITIONS OF SALE
Any contract of sale between this company and a customer will be subject to these conditions and the placing of an order with this company shall be deemed to be an acceptance by the customer of these conditions. Any terms or conditions appearing in any document issued by the customer shall have no effect. No variation of any of these conditions shall be binding on this company unless expressly accepted by this company in writing. All photographs, pictures and illustrations shown are for information purposes only. Actual products delivered may vary from those shown but will be in accordance with the specification as described.
PRICE
Prices to be charged will be those ruling at the date of the dispatch of the material, unless otherwise stated. Prices given in any quotation are those ruling at the date of the quotation and are given for guidance only. All prices are subject to alteration without notice.
DELIVERY
The rate or time of delivery in relation to any consignment or series of consignments is estimated as accurately as possible. This company will do its best to meet the requirements of the customer as to time of delivery as specified in the customer's enquiry but no guarantee or warranty as to time of delivery or rate of deliveries is given or implied.
DELIVERY OUTSIDE OF UK MAINLAND
Our standard delivery price only applies to destinations within Mainland UK. Courier quotations will need to be obtained for the Scottish Highlands and any regions outside UK Mainland
INTERNATIONAL COURIER COLLECTION OF ORDERS
When a collection has been arranged by the customer using their own courier, the customer will be responsible for all costs involved in the consignment. Any damage or loss that may occur in transit is the responsibility of the customer. Any help we may supply in facilitating this process in no way removes any responsibility of the customer..
DELIVERIES TO SITES
Where customers request deliveries to sites on or by a specific date, this company will do its best to meet such requirements but the company cannot give any guarantee nor can any claims be accepted on account of late deliveries. This is because our transport service, although normally reliable, is subject to various contingencies beyond our control, including road and weather conditions, breakdowns, accidents, delay in unloading at customer's premises, etc. Furthermore, we are sometimes in the hands of outside transport contractors over whom we do not have direct control. Customers are strongly advised, therefore, not to send labour to sites without first ensuring that the goods have been delivered to the desired location.
DAMAGE OR LOSS IN TRANSIT
This company will not accept responsibility for material damage or lost in transit, unless this company and the carriers are notified of the complaint in writing, within three days of the receipt, by the customer of the consignment in respect of which damage or shortage is alleged.
And an adequate opportunity is given for inspection of the material in the case of non-delivery of a complete consignment notification must be made in writing within 21 days of the date shown on the advice or delivery note. In any event the liability of this company in respect of material damage or loss in transit, shall be limited to the cost of replacement of the loss or damage material and in the case of damaged goods shall be the subject to such goods being returned to this company at the risk and expense of the customer.
DUTIES AND TAXES ON INTERNATIONAL ORDERS
Any investigation into taxes and duties that may be incurred through international transit of our goods will be charged to the customer by the appropriate authorities
INSPECTION ON ACCEPTING DELIVERY OF GOODS
Before accepting receipt of goods and giving signature to courier. The customer must inspect the goods and note any shortage or damage on the delivery note before giving signature. Written notification must be given to our company within seven days from its arrival else the goods shall be considered to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for them accordingly.
SPECIFICATION
In Accordance with our aim to consistently improve our products we reserve the right to modify or amend without notice the specification of any of our products
DEFECTIVE MATERIAL
(a) This Company shall not be liable to the customer for any consequential or special loss or damage or any loss of profit suffered by the customer by reason of any defect or errors in quality or measurement of goods supplied.
(b) Any goods returned to this company by the customer at its own expense within seven days of the receipt, thereof by the customer, and which are found on examination by this company to be defective in quality or measurements. Will be replaced by this company free of charge but that will be the limit of this company's liability.
CUSTOMERS MATERIAL
If this company agrees to carry out work on customer's own material, or to store customers' goods after an invoice has been presented for the goods. Such material or goods will be held at the customer's risk and this company will not be responsible for the damage by accident, fire, flood, deterioration or any other cause.
GUARANTEES AND WARRANTIES
Any condition warranty guarantee or statement as to the quality of any material or its fitness for any purpose whether express or implied by statute by the common law or by any custom of trade or otherwise is hereby excluded unless given expressly in writing by this company.
CANCELLATION
Under no circumstances may an order be cancelled except on terms to be agreed in writing with this company. Stock items that are agreed to be returned by the company shall be subject to a restocking charge and the return delivery charge will be made by the customer. The right to return these goods will not apply if the goods are seen to have been used or to any products that have been made or customized specially for you.
LIABILITY
(1)Except as specifically provided in these Conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person, firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company.(2) The Company’s liability whether in respect of one claim or in aggregate arising out of any contract shall not exceed the purchase price payable under the contract.
FORCE MAJEURE
If the manufacture or delivery of any material ordered by the customer, shall be prevented or delayed, directly or indirectly by fire, weather conditions, war (whether formerly declared or not) civil disturbance, strikes, industrial dispute or shortage of materials, or by any other cause outside the complete control of this company. This company shall be entitled to extend the period for the delivery of the materials for such reasonable period as may in the opinion of the company be sufficient to enable the delivery to be made. If this company does so elect, the buyer shall not be entitled to cancel the contract nor to receive any compensation of the resultant delay.
DELIVERY BY INSTALMENTS
Where under the terms of any contract delivery of material to a customer is made by installments whether in accordance with a pre-arranged programme or not the following provisions shall apply.
(a) This company shall be entitled, without prejudice to any other right to terminate the contract or to suspend further deliveries there under in any of the following events.
(i) If any sum due and payable to this company by the customer is unpaid
(ii) If the customer shall without due cause have failed to take delivery of any goods
(iii) If the customer has failed to provide any letter of credit bill of exchange or other security required by the contract
(iv) If the customer becomes insolvent, or goes into liquidation, whether voluntary or compulsory, (except a voluntary liquidation for the purpose of amalgamation or reconstruction only) or has a Receiver appointed, or if the customer is an individual or a partnership, has entered into any arrangement with his or their creditors or has had a receiving order in bankruptcy made against him or them.
(b) No default by this company in respect of any installment shall entitle the customer to determine the contract or to treat it as having been repudiated in regard to any installments remaining to be delivered under the terms of this contract.
PROPERTY TRANSFER
Property in these goods shall only pass to the customer from the date of payment in full, of all sums payable to the company in respect thereof.
Until such time the goods remain the absolute property of the company.
In default of payment by the customer when lawfully demanded by the company, the company shall be entitled to enter the premises of the customer and recover the goods ( without prejudice to its rights to damages ) and for that purpose the customer hereby irrevocably grants the company it’s servants or agents a license to enter upon the customer’s premises for the purpose of removing the goods. |