1 – General All goods sMppTTed by us are said only upon the following conditions The placing ol an order for any such goods, or the acceptance of our quotafion ol tender or of delivery ol Ihe goods, Inc)uaes ameptance of the following conditTonc Unless expressly agree by us In wtitinp any other tems or conditions
(Including any which may be contained in your order) are excluded. Unless exqress)y incorporated in our question or tender. all descriptions, illustrations drawings. dimensions, weigMs, measures speo7ficafions, standards of performance or other descriptive maJter or pre+ontractuaT statements are approximate only and shall not form pan of the contract. Our reoord of any order pTaoed by yov verbally shall be conclusive as to the tyqe and quality of product and the point and dale ol delivery.
2 — Validity Unless previously withdrawn, our quotafion Is open for acceptance within the geriod ctated therein or when no period 1s so stated, within 40 days after its date, and Is subject to vinen corrlirmation by us at the time of acceptance. All goods are offered subject to ihelr being available upon receipt of order.
3 — Delivery Unless otherwise specified, the price quoted includes delivery to any premises specified by you within our van delivery area, lull details ol which are available on reguest. Tfie rlsk in BI goods passes to you when they lirst enter those premises or are plaoed In more under Clause S. We reserve the right to choose the method ol transport, to chaige for deliveries outside our van delivery area, and to charge you with oil manufacturers carriage charges lor special items.
4 — Delivery Times Time for deTTvery shall nol be the essence of the contract unless previously agreed by us In writing. Any dates or times quoted lor delivery are to date from receipt by us of your wrifien order and IIT necessary irrlomation to enable us to put the work ki mana. I2uch quoted oeftvery dates or dmes are approxlmate only as we are subject to the manufamurers or supplies delivery promises whlch we pass on to you in good lath. For the avoidance at doMbl sueti delivery dates or times given to you shaJi not create a contractual obligation to deliver on such dale or IIme and accordingly no liability shall be accepted by us for any claim by you or any third party for dlrem or con Mentla) loss or damage attsTng from delay In delivery.
5 — Delay in Delivery II we do not receive sutfieienl forwarding Instructions with 14 days after notification that the goods are ready for despatch, you All either take delivery or armnge for storage. OtheTse we ehaJi be entitled to arrange morage on your berth arid at your risk, either at our works (maklng a ct-iarqe ol 1 X °A oT the Invoice value of the goods per month) or elsewhere. We shall be entitled to payment as if the goods had been duly delivered. Ali efiarges for storage or demunage wil) be payable by you.
6 — Acceptance Unless you give us written notice within 7 days from the date of delivery that the goods are not in oonl0rmTty with the contract, you ae deemed to have accepted the
7 – Passing of Progeny Each ol the IoTlowing sub-clauses 7.1 to 7.6 are separate and severable and shall be enfomeable accordingly:
7.1 Notwithstanding delivery, all goods supplied by us will remain our absolute property until you pay In full for them and for III olher goods previouUy suppJial by us;
7.2 You will store ltie goods In such a way that They are readily identifiable as our preperty,‘but you may . as trustees for us, sell them to a third party in the norms course of your business 7.3 Upon any sale by you of the goods {either done or with other items) all rights which you have against the buyer shall automatically vest in uc
7.4 We shall be emitled immediately after giving notice of our intention to repossess. to enter upon any premises with svch transport as may be necessary and repossess any goods to which we have titleIo under this Clause; 7.5 IIyou Incorporate the goods we supply to yov Ante other
produms with or without materials you already possess or which are supplied to you by itiird parties the property in such otfier product will pass to us and you shall store them without charge on our berth as ba4ee; 7.6 You shall not be entitled to pledge or in any way charge by way of security any of the goods which remain oMr property but in the eveM you do so alt moneys owing by you to us shall without pre|Mdice to any other right or remedy available to us forthwith become due and payable.
8 — Loss or Damage in Transit Any shonage or damage must be clearly stated upon the d+ivers ourselves) within 3 days atler the date of delivery. otherwise no eiaim will be emenaJned. The package and contents should be retained for examination. Written notice of any non-delivery must be received at our bianoh with 7 days after the date ol involve. Time Is of the essence ol this Clause. Our liability In respem of any daim aocepted under this Clause 1s limited to making up the storage or replacing any goods proved to have been damaged or lost in transit to the poiM ol delivery. and we accept no liability for any loss or damage suffered by you, whether direct or osnse:juentia) and how so ever arising.
s – Packing etc. mates, cases, p+diets, stitlages or skids or other retumabte packaging are not inclMded In the quoted pdce, and will be charge at current rates. You will however. be credital with me amount charged when h is reMmed to us In good condition within 14 days of the date of our Invoice. Cable drums will bo charged In accordance with the markers drum schedules.
1o – Prices All goods are sold subject to the prlces and any relevant discounts ruling at the time of delivery. Our prices. dimoufit rates and Renditions ol Site may be altered at any t)rrie without notice. /g) discounts and pñces are caloziated upon a ‘whole orde+^ or ”majority of the order” basis. II, when place ng your order you selecl only certain items or reduced quantities are specified, we mun reserve ltte rlgtit to refer me discounts and paces ai wfileh such orders are accepted.
11 — Payment Payment Tn full without retention or set-off cflall be due not later than the end of the month following that Tn wJ inch the goods were delivered, or on earlier demand. If you do not comply punmuâlTy with these tems ol paymem we reserve the right to charge you interest on any amounl overdue al the rate of 8•/• over the BazcTays Bank Pie base rate current for lhe time being. and wtthoi+I nolioe to suspend further deliveries until all arrears (including interesl) have been paid and. at our option. to rescind any subsisting contract with you as to a)I or any paits of future deliveries but without prejudice to any rights already aoc+ued to us under such contracts.
12 – Performance h is your responslbiliTy to determine that the goods are sutficieM and suitable for the purpose to which they are to be put. We cannot accept any responsibility either In respect of the instaJfation of any goods or as to the ultimate performance ol any produm in which the goods may be InstaJial. We shall In on way be liable for any dlrem o4 conseqMentlal damage, loss or expense arising mom any deleot or inefiiciency caused by the manner in which the goods are used.
13 – Defects after delivery All goods supplied by us are manufactured by overs. Accordingly, we shall pass on to you the beneli t ol the warranty, il any. given by Ihe manufacturer of the goods. Our liability under this Clause shaTl be In TJeu ol any warranty or condifion implied by law as to the quality or fitness for any panieuiar purpose of the goods, and we shall not be under any liadJlJty. whether In contract, ton or oNerwise in respect ol any goods or loss resulting from such defects or from anything done or omitted in connecfion with the goods or lrom any worh done in connection therewith.
14 – Return of Goods In no circumstances may goods supplied against a fim order be returned without prior written consent and the receipt ol your advice note stating the reason for the ret+jrn arid the date and number of our Invoice. all goods returned must be securely packed and, unless we armnge collection. consigned carriage pald. II we collect we reserve the +Ighf to make a handling charge, and the Issue of our cohesion note will not bind us to issue any credil in respect of the goods.
15 – Terrnination We may without prejudice to our other rights and remedies determine fhe comracl or any unfulfilled pan of it or withhold luMer deliveñes or make partiaJ
deliveñes if: (a) you fail to make payment on the due date under this or any other confraM beMeen us: (d) you purpon te cancel or suspend , or commit any breach ol, this or any other oontram between us: (c) you become insolvent or make any composition with your ered tom or have a receiver agqointed ol all or any pan ol your undertaking or assels or go Into liquidation (save for the purposes ol amalgamation or reconMctlon) and we shall be entitled to recover from you all our loss including any loss of profit or loss on re-sale.
16 – Waiver Any laiTure by us to enfome any or all these Conditions shall not be anstrueT as a waiver of any of our fights hereunder.
17 — Rights of Third Parties For the avoidance of doMbt the provisions ol the Contracts (rights of Third Parties) Am 1899 shall not apply to any term or condition hereof no nothing contained herein shall comer on any third party any benefit or the tight to enforce any tern or condition hereof.
18 – Corrbnuing Guarantee In consideration ol the Seller agreeing to granl credit laeilities lo the Buyer, i hereby unconditionally guarantee the due and punctuaJ performance and discharge of all ihe Buyer’s obligations under or pursuant to the customer agreemeM end the due end punctual payment on demand of all sums now or subsequently payable (including any lnterem or late payitient charges upon such sums) by the Buyer to the Seller unoer pumuarit to the Customer agreement or otherwTse and I agree to indemnify the Seller agaJnm all losses, damages. costs and expenses which the SeTTer may incur through any breach by the Buyer of such oblTgaTionc
By signing this guarantee overleaf you accept personal ITabTITty lor the debts ol the Buyer.