CONDITIONS OF SALE
1. Acceptance Of Order
No order shall be deemed accepted until the Company’s acknowledgement has been received and all orders so accepted shall be subject to these Terms and Conditions of sale, which shall override any conflicting conditions on the buyers order. Any modification of these Terms and Conditions must be in writing and signed by a Director of the Company.
2. Prices and Discounts
All prices quoted are strictly net and are exclusive of VAT where applicable. The Company does not offer nor shall be deemed to have offered any prompt payment, trade, main contractors or other discounts unless agreed by the Company in writing. The prices quoted by the Company are based on the cost of materials, labour hours and general overheads incorporated in the goods specified by the buyer in their enquiry. Where the buyer varies in their order the dimensions, specification, tolerances or quantities of the goods specified in their original enquiry the Company reserves the right to alter prices accordingly at its sole discretion.
3. Payment
Payment is due in full by the end of the month following the month of invoicing, except where alternative payment terms have been advised by the Company to the buyer in writing. In the event that the payment has not been made by the due date the company shall be entitled to recover from the Buyer interest on any outstanding balance at the rate of one and one half per cent per annum above Natwest Bank Plc base lending rate for the time being in force or such higher rate as may be allowed by a Court of Law for the period from such date until the date of payment.
4. Delivery and Property Risk
A full delivery policy is available here
5. Ownership
Although risk passes to the buyer upon delivery of the goods the Company retains ownership thereof until it receives payment of the invoice price in full. Until such payment the buyer must, where physically possible, keep the goods separately stored and identified and hereby grants an irrevocable right to the Company to enter the buyers premises where the goods are kept in order to repossess them following the buyers failure to make payment. Until the property in the goods has passed to the buyer it will hold the goods as bailees from the Company but with its authority (which may be revoked) to sell the goods or any part of them as its agents. Any proceeds of such sale and any right to recover such proceeds will be held by the buyer upon trust for the Company, and the buyer will keep such proceeds separate from any other monies not held on trust for it. The property in the goods or any part of them will not pass to the buyer by the reason of the goods being or becoming attached to or part of other goods. If before the property in the goods has passed to the buyer, the goods or any part of them are or become affixed to any land, the buyer shall secure a waiver of any right to the goods from the owner of any relevant interest in the land.
The buyer will at all times from the time of delivery insure the goods against all risks to their full replacement value for the Company’s benefit until the property in them passes to the buyer.
6. Tolerances and Specification
Unless otherwise agreed by the Company in writing dimensions will be considered acceptable to the buyer if they are within plus or minus 5mm of the nominal dimensions called for. Where the Company agrees to manufacture to exact sizes these will conform to the tolerances ruling under BS 4965. Where the specified decorative laminates and core materials permit goods will comply generally with the quality specification of BS 4965. In the case of decorative laminates neither adherence to a particular shade of colour nor perfect consistency of colour or pattern, can be guaranteed by the Company. The Company does not accept responsibility for the distortion or bowing of goods due to the buyer’s transport, storage, site or installation conditions. Goods are normally intended for use in a temperature climate. If goods are requested to meet extremes of temperature or humidity in situ or in transit, then the buyer should specify this so that requirements can be duly met.
All responsibility for suitability of products for any particular application or environment rest solely with the purchaser.
7. Damage and Loss In Transit
Goods shall be examined on arrival and any damage or loss endorsed on the Company’s delivery note or the carriers receipt. Written notification of such damage or loss shall be reported to the Company within three days of the arrival of the goods and time shall be of the essence of the contract.
8. Quality
Except as provided in clause 6 and where the Company’s stated policy in its current sales literature extends the following period, if goods are found to be defective by reason of faulty materials or workmanship within a period of 3 calendar months from the date of despatch from the Company’s works and provided that the Company is notified in writing of the defects and that the goods are returned or made available for inspection and the Company is satisfied as to the defects, the Company will at its option either replace the defective goods within a reasonable time or refund the buyer with the contract price.
All returned goods accepted as defective goods shall be the property of the Company. If goods are manufactured in accordance with the component drawing or other specification provided by the buyer no warranty is given or implied that the goods are fit for their intended purpose.
9. Consequential Loss
In no circumstances shall the Company be liable for any loss or damage consequent upon any goods supplied being defective and the Company’s liability is limited to the replacement of defective goods or the refund to the buyer of the contract price referred to in clause 7.
10. Interpretation
The contract including these terms and conditions shall be governed by and construed in accordance with English Law and both parties hereby agree to submit to the jurisdiction of the Courts of England and Wales.