All contracts are carried out only on the basis of these Terms
and Conditions and no variation shall be binding on the Company
unless in writing signed by a Director of the Company.
Save for the Terms and Conditions set out below all conditions
Warranties or Terms of business or usage express or implied statutory
or otherwise are hereby expressly excluded.
Goods are not tested or sold as if for any particular purpose
and any term, warranty or condition express implied or statutory
to the contrary is excluded. In no circumstances whatsoever shall
the companys` liability (in contract, tort or or otherwise) to
the customer, arising under out or in connection with this contract
or the goods supplied hereunder, exceed the invoice price of the
particular pieces concerned, and the Company shall be under no
liability, for loss or damage howsoever arising caused by circumstances
outside its control. Furthermore, since the Company has no knowledge
of or control over the use to which the goods may be put, or method
of storage applied since leaving the Companys` premises the Company
cannot accept any liability for consequential or economic loss
however caused, and whether resulting directly or indirectly from
any breach of said terms, warranties or conditions or from any
act, neglect or default on the part of the Company, it's employees,
officers or agents.
a)Title to all goods supplied hereunder shall remain vested
in the Company until payment is made in full by the Customer.
Subcondition (a) shall not prevent the Customer from embodying
the goods in any product or from selling the goods or any product
embodying the goods but until such time the Customer shall keep
the goods separate and identifiable. In such an event (to the
extent of the customers indebtedness to the Company in respect
of the goods) the Customer shall:
Hold the proceeds of sale or the right to receive the same
on trust for the Company;
Place the proceeds of sale in a separate account of the
customer in such a way as to be identifiable as in the beneficial
ownership of the Company;
At the Company's request assign the right to receive the proceeds
of sale to the Company.
Upon the happening of any of the following events ("events
of defaults") the Company without prejudice to its other
rights under these conditions shall be entitled to enter upon
any land or premises where the goods or any product embodying
the goods may be for the time being to detach the goods it so
embodied and to recover possessing of them namely:
Where the Customer shall fail to make payment in full on the
due date for all goods supplied hereunder.
Where the Customer shall have a Receiving Order made against
him or become bankrupt or enter into any agreement or composition
with his creditors.
Where the Customer being an incorporated Company shall have
a Receiver appointed or pass a Resolution to wind-up or have
an Order of the Court made against it to any such effect.
Upon the occurrence of an event of default of all sums then
standing to the credit of the Company whether subject to this
contract or not shall become due and payable with immediate
The prices for the Goods quoted to the Customer are subject to
nay increase by the Company in the prices of such products becoming
effective before delivery of the Goods which will be invoiced
at the price ruling at date of despatch.
Terms of payment are as specified on the Companys' invoice with
time of payment being the essence of the contract and if payment
is not made on the due date interest will be charged at the rate
of 4% per annum over the base rate of Barclays Bank Plc for the
a)The decision to pack and the method of packing goods is at the
Companys` discretion. Any excess costs for special packing if
requested by the Customer shall be for the Customer's account.
The Company will use its best endeavour to deliver the Goods
by the date(s) specified in the Order/Contract but shall be
under no legal obligation to do so and in no circumstances will
the Company be liable for any delay or for any loss or damage
whatsoever caused directly or indirectly by any delay in the
delivery of the goods. The Customer undertakes despite delay
to accept the goods on delivery by the Company.
The Company reserves the right to deliver the goods by installments
and failure of any delivery or any defect in the contents thereof
shall not entitle the Customer to refuse any other delivery.
If the delivery of the goods is in the Companys' opinion rendered
impracticable by any reason of Act of God, industrial action,
trade disputes, restrictions of supplies, Government control,
inevitable accident, force majure or any other circumstances outside
its control the Company shall be at liberty to terminate the contracts
by notice without liability to the Customer for loss or damage
directly or indirectly arising therefrom.
The goods shall be at the Customers risk from the time of order.
If any Goods are ready for delivery but are held back at the buyer's
request or the buyer fails to accept delivery, the Company may
require the Customer to pay reasonable storage charges(as determined
by the Company) after the expiry of seven days from the date of
the Customer being notified that the Goods are ready for despatch.
Orders placed cannot be altered,suspended or cancelled except
with the Companys' written consent and on terms which will indemnify
the Company against loss.
Notice of any claim arising out of or in connection with this
contract must be given in writing to the Company within seven
working days from the date when the goods are collected or delivered
failing which all claims shall be waived and absolutely barred
and no claims will be entertained unless goods are in exactly
the same condition as when collected or delivered.
Waiver by the Company of any breach of the Terms and Conditions
or any granting of time or indulgence by the Company to the Customers
shall in no way affect the rights of the Company hereunder.
The Company use independent hauliers and carriers. They cannot
be held responsible for any damage or loss caused in transit.
Any claims made will be forwarded to the appropriate haulier or
The Contract formed by the Order and this acceptance shall be
governed by and in accordance with English law. Any disputes arising
out of these Conditions shall be submitted exclusively to the
jurisdiction of the English Courts.
Any clerical error or omissions contained in the companys' quotation,
acknowledgement or invoice shall be rectified by the Company on
discovery and as soon as practicable notified to the Customer,
such errors or omissions shall not be binding on the Company and
rectification thereof shall not invalidate the contract.