‘The buyer’ means the person, business or any other party with whom the seller contracts to supply.
‘The goods’ means the items that the seller has contracted to supply to the buyer in accordance with these conditions.
‘The services’ means the services that the seller has contracted to carry out for the buyer in accordance with these conditions.
‘The contract’ means any contract that the seller has made with the buyer to provide goods or services.
Unless otherwise agreed in writing by the seller these conditions apply to the exclusion of any conditions stipulated by the buyer during negotiation, or in any order.
Any quotation made by the seller shall not be binding until the seller has accepted an order for the quoted goods. The contract then made between the seller and the buyer will then be subject to these conditions. Except where mentioned later in these conditions no representative of the seller has the right to agree any other terms inconsistent with them, except with the written permission of a Director.
The seller will guarantee any price quoted for goods or services not listed in its current price lists for a maximum of 30 days from the quotation date. After this time the goods or services will be re quoted.
The seller reserves the right to alter all or any of the prices in its current price lists at any time. While notification of price changes will be communicated to the buyer as soon as possible, usually before any changes, the seller will not be responsible to the buyer if such notification is not received, or acted on, by the buyer.
All prices quoted either in the seller’s price lists or quotations are exclusive of any applicable value added tax. This will be added on invoicing.
The buyer is responsible for the accuracy of any order including correct description of the items to be ordered.
Unless otherwise specified goods ordered will be supplied to the standards and specifications stated in the seller’s catalogues and price lists. Where goods to different specifications are required the buyer is responsible for supplying suitable and accurate information to enable the seller to properly fulfil the order.
This information may include, but is not limited to, drawings, samples and standards.
Where goods are ordered to the buyers specifications, the buyer will indemnify the seller against any infringement of intellectual property rights including, but not limited to patent, trademark, copyright, and any loss that the seller may incur due to such infringement worldwide.
All orders for goods or services to the buyer’s specifications are to be confirmed in writing to the seller before the contract is made. When such an order has been placed the seller will not accept cancellation.
The seller will deliver the goods to the buyer by the most convenient and economical method. If the buyer specifies an alternative delivery method for any reason, this is to be agreed in writing with the seller, as an additional delivery charge will be likely.
The seller will deliver to the address specified by the buyer. If no address is specified, the seller will deliver to the buyer’s normal address. If the seller is requested by the buyer to deliver to a third party, a charge will be made by the seller for this service.
The seller will endeavour to deliver the goods and services ordered within a reasonable time, or, for non-stocked items, within the time stated in quotation. The seller cannot be responsible for delays due to circumstances beyond its control, however. Also, quoted times are only estimates given in good faith and the seller will not be responsible for failure to deliver within a quoted (estimated) time.
Where goods are to be paid for before delivery the seller will advise the buyer when the order is complete. The goods will then be stored by the seller for a maximum of 30 days. If payment has not been made by this time the goods will be returned to stock or may be sold to an alternative buyer.
If goods are to be delivered in instalments each instalment will constitute a separate contract. Failure to deliver any instalment on time will not affect contracts for other instalments.
Buyers who do not have an account with the seller will be invoiced on a pro-forma basis. It is the seller’s policy that all new buyers pay for their first order on this basis. After the first order has been paid for buyers can apply to open an account by completing the Account Application form.
For account holders (unless otherwise specified in writing by the seller), payment will be made by the buyer no later than 30 days after the end of the month in which the invoice(s) were raised.
If payment is not made by the buyer, within the time requested by the seller, and there is no dispute between the buyer and the seller causing withholding of payment the seller reserves the right to take the following actions:-
Suspend supplies of goods and services to the buyer until the buyer has paid the outstanding amounts.
Revoke credit facilities and any discounts offered for habitually late payment.
Instruct the seller’s debt collectors to take action to recover outstanding amounts as well as interest and costs.
Note: If a payment is in dispute it does not entitle the buyer to withhold payment for any other invoices due for payment for the relevant month.
All goods supplied to the buyer by the seller remain the property of the seller until paid for in full by the buyer.
If the buyer takes delivery of goods ordered from the seller and finds any discrepancy between the delivery documents and the goods received, for any reason, he/she must advise the seller of the discrepancy within seven days. If the buyer suspects that a consignment from the seller has been lost in transit he/she must advise the seller as soon as possible. The sellers liability will be limited to replacing or repairing lost or damaged goods. The seller will not be liable for any consequential loss resulting from goods lost or damaged in transit.
The seller will be responsible for goods in transit until delivered to the buyer, except where delivery is postponed at the buyers request. The seller will also not be liable for any damage caused to any buyer’s property left with the seller regardless of how it is caused.
If any goods supplied by the seller are found by the buyer to be defective, the buyer must inform the seller within 14 days of receipt of the goods, in writing, of the nature of the defect. This also applies to goods manufactured to the buyer’s specifications, which the buyer deems are incorrect. The seller’s liability in such cases will be limited to replacing or repairing the defective or incorrect items. The seller will not be responsible for any direct or consequential loss arising from such defective or incorrect goods.
Where goods are to be replaced by the seller, credit will be made for the original goods and a new invoice for the replacements.