General Terms & Conditions of Sale - May 2009
§ Acceptance
Each order for goods to be supplied by the Seller shall be deemed to be an offer by the Buyer to purchase the goods upon these Conditions and shall be accepted entirely at the discretion of the Seller. These Conditions shall apply to all orders accepted by the Seller and shall override and take the place of any other terms and conditions produced or referred to by the Buyer. No other terms and conditions shall be included or implied unless previously agreed upon in writing by the Seller and in the event of any conflict or inconsistency between these Conditions and the terms of the Buyer's order, these Conditions shall prevail.
§ Price
The price of the goods shall be the price listed in the Seller's catalogue from which the goods are purchased, current at the date of dispatch of the goods (the Catalogue). All prices in the Catalogues are exclusive of VAT and administration charges where applicable which shall be payable in addition to the price of the goods. Prices are not guaranteed although every effort will be made to maintain them.
§ Terms of Payment
Prices, VAT and administration charges where applicable are
strictly net and payment is due within 30 days of invoice date
(subject to credit status), when the full invoice value becomes
due. No set-off for any reason will be allowed. The time of
payment shall be of essence of the contract. Should credit not
be met, payment is required in advance of goods dispatch.
§ Ownership of the Goods
Ownership of the goods sold shall, notwithstanding delivery, remain with the Seller until the Seller has received full payment for such goods. Until full payment has been made, the Seller may at any time, (and without prejudice to any of its other rights) recover or resell the goods or any part of them and may enter on the Buyer's premises for this purpose. The Buyer may not resell the goods to which the Seller retains the title unless he informs such third party of this Condition of sale prior to such resale.
§ Delivery
Any date or time given by the Seller to the Buyer for the delivery of goods is an estimate only and shall not be considered a contractual obligation. The Seller shall not be liable for any loss or damage arising from delayed or cancelled deliveries. The goods will be delivered to the address set out in the delivery note only and the Buyer will be responsible for off-loading the goods. Special off-shore delivery shall be agreed in writing between the Buyer and Seller prior to delivery. The goods will be at the Buyer's risk once delivered to and accepted by the Buyer. For purposes of this Clause, the goods will be deemed delivered and accepted once the consignment of goods is signed for by the Buyer. The Seller shall not be liable for any loss or damage arising from delay in production or delivery of any goods or failure to fulfil any of its obligations to the extent that such delay or failure is caused wholly or in part by fire, strikes, lock-outs, floods, accidents, machine breakdown or any other conditions of force majeure.
§ Specifications
Technical data, dimensions, weights, etc., set out in this Catalogue are a guide only, and no guarantee is given or implied that goods will conform in absolute detail to the description and illustrations, set out in such materials. The Seller reserves the right to amend specifications and to withdraw goods from sale without any prior notice.
§ Three Year Guarantee
In addition to all the benefits conferred on the Buyer by
statute, the Seller guarantees all goods offered for a period
of three years (unless otherwise stated) from the date of sale
provided that (i) it is established to the reasonable
satisfaction of Seller that some part of the material used in
manufacture was defective, and the goods have been returned to
it; and (ii) the goods have not been subject to misuse or abuse
of any kind. This guarantee does not extend to wear and
tear.
§ Suitability
Other than expressly stated in the Catalogue, the Seller makes no representations as to the fitness or suitability of any goods for any purpose whatsoever.
§ Claims
Non-delivery of any consignment within five days of the date of the Seller's invoice must be notified to the Seller in writing. Inspection of goods immediately on arrival is advised. Damage or short delivery must be notified to both the Seller and the carrier in writing with in three days, and carrier's note should be endorsed accordingly. Goods may not be returned to the Seller for any reason whatsoever without the Seller's prior written agreement. All products returned without prior notification are liable to handling charges. Note: Failure to observe the claims procedure can invalidate the Seller's contractual liability under these Conditions.
§ Governing Law
The contract between the Seller and Buyer shall be governed by the laws of England and Wales and any disputes will be resolved exclusively in the courts of England and Wales.
§ Data Protection
The placing of orders from Catalogues will require the Buyer to provide the Seller with the Buyer's name and address and other relevant information. Personal information provided by the Buyer and, any other relevant information relating to the Buyer, will be held by the Seller and may be used for marketing purposes, including market research, or occasionally shared with other organisations in the prevention of fraud.
