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The following conditions of sale for the terms of any contract for the sale of goods by the Seller. No other terms or conditions shall be incorporated in such contract except as may be specifically agreed in writing by the Seller. All other terms proffered by the Buyer are hereby expressly excluded. Any acceptance of a quotation shall be an offer only and no binding contract shall be formed until acceptance by the Seller. Price will normally be maintained for 60 days from the date of quotation, but all the prices are subject to alteration without notice and the Seller reserves the right to withdraw any quotation without notice.
Unless otherwise stated all prices are quoted exclusive of packing, carriage and V.A.T., which will be charged at the rates appropriate at the date of the invoice from the Seller.
Unless otherwise agreed with the Seller, payment must be made cash order. If any goods or services are supplied on credit, the Seller reserves the right at its discretion to charge the Buyer interest on all sums due from the Buyer at a rate of 1.5% per month in respect of any month or part thereof in which such sums are outstanding after thirty (30) days from the date of the Seller’s invoice.
Any and all despatch dates quoted by the Seller are an estimate only and the Seller does not in any way warrant the delivery or ordered goods on any specific date. The Seller shall not be liable to the Buyer for any loss howsoever suffered by the Buyer by any reason of any delay in delivery. Any and all claims by the Buyer for shortages or damaged or lost goods must be notified to the Seller within seven (7) days of delivery to the Buyer. Notification of non-delivery must be made within 17 days of the invoice date/tax point on the Seller’s invoice which is the despatch date for deliveries within Great Britain and within 20 days of that date for deliveries outside Great Britain.
The Seller’s liability for defective goods and services shall be limited to the replacement or repair of defective goods or to the giving of a refund (said decision to be at the Seller’s sole option). The Seller shall have no liability for any consequential loss or damage howsoever incurred by the Buyer with regard to any goods or services supplied by the Seller, provided always that the Seller shall remain liable for death or personal injury resulting from the Seller’s sole negligence.
The Seller reserves the right in its absolute discretion to vary any specification or design, and to supply goods and services which are in the sole opinion of the Seller equivalent to those offered or contracted to be sold to the Buyer. The Seller shall have the right to make a reasonable change in price in respect of any such variation or supply of an alternative to the Buyer. The Seller does not in any way guarantee that the colours advertised or represented will be the exact colour of the goods supplied. All descriptive and technical specifications, dimensions, drawings and advertising matter are approximate only and the Seller does not in any way warrant their accuracy or completeness.
Any failure by the Seller to enforce any of its rights under this contract shall not be taken as a waiver of any of the Seller’s rights hereunder.
(1) The Seller shall have the right to terminate this contract by notice upon the happening of any of the following events: (i) the performance of the Seller’s obligations hereunder is in the opinion of the Seller rendered impractical by reason of national emergency or the outbreak of hostilities, fire, strike, lookout, continuing unavailable of supplies or any other event or state of things outside the Seller’s control. (ii) if the Buyer (being other than a company) commits any acts of bankruptcy or if any petition or receiving order in bankruptcy be made against the Buyer or (being a company) has a receiver, administrator or manager appointed to the whole or any part of its assets or if a petition is presented or an order made or a resolution passed for the purpose of winding-up the Buyer (unless such order or resolution is part of a bona-fide scheme of reconstruction of the Buyer) or if the Buyer is acquired by or merges or amalgamates with another company. (2) The notice required under (1) above may be oral or in writing and if in writing shall be sufficient if sent by ordinary post to the Buyer’s last known address. (3) Any termination in accordance with this clause shall be without prejudice to any rights of the Seller accrued before termination.
8. INTELLECTUAL PROPERTY RIGHTS
The copyright and intellectual property rights in drawings, designs, specifications and ideas of the Seller shall remain the property of the Seller and such drawings, designs, specifications and ideas shall not be reproduced in whole or in part without the prior written consent of the Seller.
9. PASSING OF RISK AND PROPERTY
The risk in goods supplied will pass to the Buyer on delivery. All goods remain the property of the Seller until payment in full has been received by the Seller of all sums owed by the Buyer to the Seller at the time of delivery, whether in respect of goods then supplied or otherwise.
10. ORDERS TO BE IN WRITING
Except at the sole discretion of the Seller only orders made in writing will be accepted and acted upon
11. APPLICABLE LAW
The applicable law to this contract is the law of England and the English Courts shall have exclusive jurisdiction in the event of any dispute.