STANDARD CONDITIONS
OF SALE
Acceptance
All quotations are
subject to confirmation in writing by us on order from
the buyer. The contract shall be concluded by the
said confirmation and take effect from the time of despatch
thereof to the buyer.
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The price of
the goods is fixed only where we expressly state
in this written acknowledgement that it will so be
fixed and covers the period only stated also in this
acknowledgement.
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In all cases,
the prices are subject to variation and it is a condition
of the acceptance of the order that the prices to
be charged shall be that ruling on the date of despatch.
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Goods delivered
from depot to be at depot prices plus haulage.
Delivery and
Unloading
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Where quoted
the price allows for delivery as near to the site
as a safe hard road permits and unloading at ground
level. The customer is responsible for providing
all labour information and facilities necessary to
effect and prompt delivery and unloading. If
delivery or unloading is delayed by the customer
default in performing his obligations set out in
this clause we reserve the right to amend our price. We
accept no responsibility for damage to manhole covers,
gullies, culverts, bridges, stopcocks and the like
whether visible or not, unless the attention of the
driver was previously specially directed thereto
and it was reasonably possible to avoid such damage.
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The customer
will unload all goods immediately on receipt, otherwise
waiting time will be charged for.
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Any damage
caused on unloading will be the responsibility of
the customer and no claims can be entertained in
connection with this.
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The time of
delivery is not guaranteed without previous special
written undertakings.
Defects Breakages
Representations and Warranties
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The copy(ies)
of the delivery note must be signed on receipt of
the goods. Unless any deficiency or damage
is recorded thereon we cannon accept responsibility
for claims.
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The buyer will
be responsible for ascertaining and checking that
the goods as ordered accepted and used are suitable
for the purpose for which they are required. We
give no warranties on these matters, and if any of
the goods are found to be defective for whatsoever,
we shall have no liability for any damage or loss
of any kind, whether caused by negligence or otherwise
or whether direct or consequential or occasioned
thereby, apart from our liability in iii) below
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Our liability
is limited to replacement free of charge. We
may at our opinion, make a fair cash allowance, the
amount of which will not in any event exceed our
invoice value for the goods.
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In accepting
delivery of the goods supplied by us, the customer
acknowledges that no representation whether oral
or in writing has been made by us or by anyone in
our employ which has led the customer to enter into
the contract for the purchase of these goods. No
representation or warranty is implied or given except
as expressly stated in these conditions or in the
appropriate quotation given in writing.
Quotations
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When goods
are offered and supplied to customer's designs and
specifications, no guarantee is given or implied
of their suitability for the purpose for which they
are used.
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All quotations
ex stock are subject unsold on receipt of order.
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Clamps, Bolts,
Dowels and other fixings are not provided for unless
mentioned.
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Unless otherwise
agreed we expect to receive full working drawings
from which our shop drawing and fixing plans can
be prepared.
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Slight variations
in colour or texture such as in precast concrete
products such as may be natural to the material cannot
be excluded but we guarantee that such variations
do not affect its soundness.
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In cases where
a schedule of quantities is prepared by us on a basis
for quotation, materials and labours will be charged
for as eventually supplied, notwithstanding any errors
or omissions in the schedule.
Part Order
If all the goods
included in our estimate are not ordered we reserve the
right to review our price.
Cancellation
Contracts and orders
may be cancelled with our written sanction only, GOODS
TO SPECIAL ORDER CANNOT BE CANCELLED. Goods can
only be returned with written prior sanction and
are subject to a restocking charge.
Force Majeure
We cannot accept
responsibility for any damage or consequential loss arising
from non delivery or late delivery, or for delay or failure
to complete the contract arising as the result of strikes,
lockouts, labour disturbances, fire, frost, accidents,
breakdown, acts of god, force majeure, or any cause whatsoever
beyond our control.
Payments
and Credit
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Where we have
not agreed to credit facilities, payment is due as
the order is accepted by us and must be made before
despatch of the goods.
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Credit accounts
are due for payment on or before the last day of
the month following the date of delivery, When goods
are invoiced or have been quoted subject to cash
discount this will be allowed on payments made ON
OR BEFORE DUE DATE ONLY, and will not be allowed
on overdue accounts. In this event of non-payment
on any account when due, the price of the goods already
delivered shall immediately become due and payable
without regard to credit terms previously agreed,
and we reserve the right to stop any further deliveries
and cancel any contract due any payable without notification
for all or any part of deliveries not made, but without
prejudice to our rights already accrued under any
such contract.
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We reserve
the right at any time and without explanation to
withhold credit facilities from and to limit the
amount or period of credit we will grant to any customer.
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Where goods
are sold on a credit basis we reserve to impose a
condition of sale that the minimum total charge for
the goods on each invoice is £25.00, notwithstanding
that the total of the goods sold amounts to less
then £1.00. Expectance of the goods on a credit
basis of the time of the transaction invokes this
condition. The customer may conduct the contract
on a cash sale basis, for the lower amount if acceptable,
only at the time of transaction.
Nominal specification
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Measurement
and size or weight and the like stated on our quotation,
or any list supplied by us or our manufacturers,
are nominal in accordance with normal trade
usage and customers must be prepared to accept variations
due to the normal manufacturing processes and conditions.
Loss or damage
in transit and non-delivery
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We do not accept
responsibility for goods damaged in transit or for
short delivery unless such damage or short delivery
is signed for as such and is reported to the carrier
and to us within 3 working days of receipt of the
goods.
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We dot not
accept responsibility or liability for non-delivery
or total loss unless such non-delivery or total loss
is reported to the carrier and to ourselves within
10 days of the receipt of the invoice.
Title of
goods
Title in the goods
does not pass to the customer until all the goods have
been paid for in full. All outstanding invoices
are payable on demand.
Variation
of conditions
No agent or representive
of the company, other than a Director or Secretary has
any authority to vary or omit these conditions or any
terms.
General
Any conditions
of sale or purchase conflicting with these conditions
shall not apply to the goods sold and these conditions
shall prevail, and any qualification or instructions
to this effect in the buyers order or otherwise shall
be void and of no effect, unless we specifically approve
in writing.
Any acceptance
by you of goods from us implies acceptance of these conditions. Our
prices are subject to change without prior notice.
