Terms and Conditions
CONDITIONS OF SALE
Unless expressly agreed in writing by the vendor, these conditions shall apply to this contract to the exclusion of all others. No servant or agent of the vendor has the authority to agree any oral variation, qualification or addition to these conditions.
English law and the English courts shall govern all matters arising from these conditions.
The prices quoted are the vendor’s current rates and whilst every effort will be made to adhere to them, orders are only accepted upon the understanding that goods will be invoiced at prices ruling at the date of despatch.
Cancellation by the purchaser of any order which has been accepted and duly processed shall be at the discretion of the vendor.
Should the purchasers default on any payment or commit any breach of any of their obligations to the vendor hereunder or commit an act of bankruptcy or commence liquidation (except for the purpose of reconstruction or amalgamation), the vendor shall thereupon become entitled (without prejudice to their other claims and rights under this contract) to suspend further performance hereof for such time not exceeding six months as they shall in their absolute discretion think fit or (whether or not notice of such suspension shall have been given) to treat the contract as wrongfully repudiated by the purchaser and forthwith determine the same. The vendor shall notify the purchaser of the exercise of their option to suspend or determine this contract within a reasonable time or their becoming aware of the act of default on the part of the purchaser giving rise to the vendor’s rights under this condition.
Every effort will be made to deliver within the time agreed but the vendor shall not be held liable for any loss, direct or indirect, which may arise from delay or non-delivery and any provisions for penalties to delay in delivery or non-delivery are excluded from any order.
Partial loss or damage to a consignment must be notified within three days of delivery of the consignment. Non-delivery of a whole consignment must be notified to the vendor within fourteen days of date of despatch.
Goods supplied to special order cannot be returned for credit unless incorrect or defective. In other cases where it may be agreed to accept the return of goods for credit, a handling charge of 20% may be made at the absolute discretion of the vendor. Only in exceptional circumstances will credit be allowed for goods supplied more than 6 months previously. Any such goods must be returned carriage paid and be in their original packaging, unused and unmarked condition.
If goods supplied by the vendor are claimed to be deflective in material or workmanship and are returned carriage paid and if the claim is then subsequently accepted, the vendor shall refund carriage and credit to the value of the invoice or replace free of charge at the purchaser’s option. Such claims, however, can only be recognised if the goods are returned within thirty days of delivery.
Goods supplied are sold subject to the conditions and guarantee (if any) of the manufacturer. The vendor accepts no liability for expenditure incurred or loss of profit or consequential loss of any kind resulting from any faults which occur in goods supplied.
Ownership of the goods shall not pass until payment to the vendor has been made in full. Any discounts awarded dealers, franchisers or commercial outlets will be cancelled if full payment has not been made in accordance with the limits agreed between the vendor and the dealer, franchiser or commercial outlet. Any discounts for commercial outlets will be reflected in the method of payment agreed.
Any measurements or dimensions supplied by the purchaser will be taken as exact and the vendor will not be responsible for any error made by the purchaser.
The vendor’s liability does not cover any defects arising from the purchaser’s faulty assembly, installation, handling or general lack or care or maintenance of goods supplied nor from alterations carried out after supply of the goods to the purchaser, nor does such liability extend to normal deterioration, wear and tear.
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