Terms & Conditions
Title of Goods Title and property in the goods remains the property of the Company until payment in full has been received.
Until such time as the property in the goods passes to you, you shall hold the goods as the Company's fiduciary agent and bailee, and shall keep the goods separate from those of third parties and of your own and keep the goods properly stored, protected and insured and identified as the Company's property.
Until such time as property in the goods passes to you (and provided the goods are still in existence and have not been re-sold), we shall be entitled at any time to require you to deliver up the goods to us and, if you fail to do so forthwith, to enter upon any of your premises or of any third party where the goods are stored and re-possess the goods.
Variation of Price The Company reserves the right, by giving written notice to you at any time before delivery of the goods to increase the price of goods to reflect any increase in the costs to the Company which is due to any factor beyond its control or which is due to delay caused by your instructions or your failure to give the Company adequate information or instructions.
Validity We reserve the right to review our quotation if not accepted within four weeks.
Risk Risk of damage to loss of the goods shall pass to you on collection/delivery. At the time of collection/delivery, or if you wrongfully fail to take delivery/collection of the goods, then risk shall pass at the time when the Company has tendered delivery of the goods.
Basis of Sales The Company shall sell the goods in accordance with any written quotation of the Company which you have accepted, or any written order you have tendered which is accepted by the Company subject in either case to these terms and conditions which will govern the contract to supply the goods to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order which is made or purported to be made by you.
No variation to these terms and conditions shall be binding unless agreed to in writing by the Company.
Liability Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery of the goods shall not be of the essence, unless previously agreed to by the Company in writing.
Any claim by you which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified to the Company within 7 days from date of delivery/collection or (where the defect or failure is not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If you do not notify the Company accordingly, you shall not be entitled to reject the goods and the Company shall have no liability for such defect or failure and you shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet the specification is notified to the Company in accordance with these terms and conditions, the Company shall be entitled to replace the goods (or the part in question) free of charge or, at the Company's sole discretion, refund to you the price of the goods to you (or a proportionate part of the price) but the Company will have no further liability to you.
Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever and the entire liability of the Company or in connection with the contract shall not exceed the price of the goods.
The Company shall not be liable to you or deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, the Company's obligations in relation of the goods, if the delay or failure is due to any cause beyond the Company's reasonable control.
The Late Payment of Commercial Debts (Interest) Act 1998
Without prejudice to any other right or remedy available to us, we reserve the right to claim interest on the amount unpaid under the above Act should our Payment Terms not be adhered to.
Site Services & Condition The company reserves the right, by giving written notice to you at any time up to completion if work to charge extra for any costs incurred as a result of site conditions and services as detailed in our proposal not being met.