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Conditions of sale

1. Law
The construction validity and performance of
this contract shall be governed by the laws of
England.
2. Variation of conditions
The goods are supplied by the seller only on
these Conditions which form part of the Seller’s
quotation and acceptance of order. These
conditions of sale cannot be varied suspended or
added to except with the agreement of the Seller
given in writing.
3. Instalments
The Seller may deliver by instalments and
each instalment shall be sold under a
seperate contract.
4. Cancellation
If the Buyer fails to make any payment to the
Seller when it becomes due enters into any
composition or arrangement with its creditors or
has a Receiver appointed or a Receiving Order
made against it, or breaches any of the conditions
of this or any other contract with the Seller, the
Seller may without prejudice to other rights and
remedies defer or cancel any further deliveries
or instalments.
5. Price
The Seller reserves the right to increase the price
of the goods at any time prior to delivery by
giving written notice to the Buyer. In these
circumstances the Buyer may cancel the
undelivered balance of this contract by giving
written notice within seven days of receipt of the
Seller’s notice.
6. Payment
A. The Seller reserves the right to require
up-front payments from the Buyer. Unless agreed
otherwise with the Seller in writing, payment (or
the balance thereof) shall be due on the 30th day
following the date of invoice. The price shall be
paid in full without any deduction and the Buyer
shall not be entitled to withhold any part of the
price on account of any claim arising out of this or
any other transaction.
B. Interest on overdue invoices shall accrue from
the date when payment becomes due from day
to day until the date of payment at a
rate of 8% above the Bank of England base
interest rate from time-totime in force and shall
accrue at such a rate after as well as before any
judgment. otherwise with the Seller in writing,
payment (or the balance thereof) shall be due on
the 30th day following the date of invoice. The
price shall be paid in full without any deduction
and the Buyer shall not be entitled to withhold
any part of the price on account of any claim
arising out of this or any other transaction.
7. Ownership
A. Title of the goods supplied shall not pass to the
Buyer and the goods shall remain the absolute
property of the Seller until payment has been
made of the full contract price. In case of nonpayment by the due date or the Buyer having a
liquidation order made against him, or having
a Receiver appointed of its assets, income or part
thereof, the Seller shall be entitled to repossess
or trace the goods, or the proceeds of the sale
from the customer, liquidator or receiver, and the
Seller shall be entitled immediately after giving
notice of its intention to do so to enter upon the
premises of the Buyer with such transport as may
be necessary and repossess any goods to which it
has title hereunder.
B. Notwithstanding that the title in the goods
may not have passed in accordance with the
provisions of this clause, the risk in all goods shall
pass to the Buyer upon despatch unless
otherwise agreed in writing. The Buyer shall
at its own expense take out and secure the
continuance of an all risk insurance policy in
respect of all goods supplied in accordance with
this agreement to their total value at replacement
cost. Such policy shall cover the goods from and
including the date on which they are despatched
or handed over to a carrier used for the purposes
of delivery. The Buyer shall procure that the
Seller’s interest in the goods shall be recorded
by an endorsement on the policy specifying the
Seller as loss payee (and shall provide the Seller
with a copy of it) and (to the extent that the Seller
has not received full payment in respect of any
goods) any sums which are received under such
policy may be credited against any sums owing
from the Buyer to the Seller
8. Claims
A. All claims for the non-delivery of the whole or
part of any consignment must be submitted in
writing to the carrier and Seller within seven days
of receipt by the Buyer of the invoice or advice
note, whichever is the earlier.
B. All claims for partial loss of or damage to goods
in transit must be submitted in writing to carrier
and Seller within three days of delivery and
the delivery note must be endorsed accordingly.
C. The Buyer shall within 30 days of receipt of
the goods examine them to determine if they
conform to the contract, and if such goods do
not so conform shall within a further five days
give written notice to the Seller with sufficient
particulars. The Buyer shall give the Seller
reasonable opportunity to investigate such
notice before the goods are used. If the goods are
agreed by the Seller to be not in conformance
with the contract the Seller will at his option
rectify the defective portion of the goods or
replace them or credit the Buyer with the invoice
value. Such action will be in full satisfaction of any
claim by the Buyer.
D. In the absence of any notification as described
above the goods will be deemed to have been
delivered and accepted in conformity with
the contract.
9. Warranties and liabilities
A. The Seller warrants that the goods shall
comply with the Seller’s specification for the
goods in question as current from time to time.
The Seller does not warrant the fitness of the
goods for any particular purpose, even though
that purpose be known to them and no such
warranty is to be implied from the name or
description under which the goods are sold.
B. Subject to the aforesaid, all warranties
conditions and statements, expressed or implied,
are excluded save those implied by S.12 of the
Sale of Goods Act 1979.
C. The Seller’s liability in contract tort or
otherwise for any loss or damage (other than for
death or personal injury) arising (whether or
not from Seller’s own negligence) directly or
indirectly out of the supply or use of the goods or
of the packages or pallets or containers by which
the goods are delivered shall be limited to the
purchase price of the goods packages or pallets
or containers out of whose supply or use the loss
or damage arises.
D. In no circumstances will the seller be liable for
any consequential loss or damage no matter how
arising.
E. The Seller shall not be liable for any loss or
damage whatever due to failure by the Seller to
deliver the Goods (or any of them) promptly or at all.
10. Force majeure
The Seller shall have the right to cancel suspend
or delay delivery or to reduce the amount
delivered if it is prevented from or hindered in or
delayed in manufacturing or delivery by normal
route or means of delivery the goods covered by
this contract through any circumstances
beyond its control including, but not limited to,
strike, lock-outs, accidents, war, fire, reductions
in or non-availability of power at manufacturing
plant, breakdown of plant or machinery or
shortage or non-availability of raw materials from
normal sources or routes of supply.
11. Quantity variation
The Seller reserves the right to deliver against
any order an excess or deficiency of up to 10% of
the quantity ordered, and such delivery shall be
deemed to have fulfilled the contract and the
Buyer shall accept and pay for the actual quantity
delivered.
12. Trade Marks, Patents, etc.
A. Neither the supply of goods nor anything
contained in this contract shall confer the right
upon the Buyer to use any trademark of the
Seller. Neither does it imply any right to use any
Seller’s patent or any undertaking that third party
patents will not be infringed.
B. When goods are made or adapted by the Seller
in accordance with the Buyer’s specification,
the Buyer shall indemnify the Seller in respect
of the infringement or alleged infringement by
such goods of any patents, registered designs,
copyrights, trade marks or other tights belonging
to third parties.
13. Storage
The seller will not be liable for subsequent losses
/ damage to goods where goods are stored in
extreme weather conditions.
14. Other terms
For the avoidance of doubt all matters and terms
in any invoice provided to the Buyer by the Seller
are incorporated in these Conditions of Sale.

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