Conditions of Sale
1.0 Warranty and replacement of defective goods
1.1 No warranty is given as to the life and wear of goods supplied (as this greatly varies depending on the product type, installation environment and mediums used), but the seller agrees that it will rectify or replace any goods which are defective or do not comply with specifications stated providing goods are promptly returned to seller within 12 months of date of supply, carriage paid and are accepted by the seller as defective. The seller accepts no charges relating to work carried out after delivery without written consent and the seller shall be under no liability whatsoever in contract (tort or otherwise) for loss, damage or injury howsoever arising.
2.0 Claims for damage
2.1 No claim for damage in transit, shortage of delivery or loss of goods in transit can be accepted unless in the case of damage in transit or shortage of delivery a separate notice in writing is given to the carrier concerned and to the seller within 3 days of the receipt of goods followed by a complete claim in writing within 5 days of receipt of goods. Where goods are accepted from the carrier concerned without being checked the delivery note must be signed “unexamined” and claims for damage in transit will not be accepted.
3.0 Technical advice
3.1 The seller at the buyers request may, but without being under any obligation to do so, furnish technical advice with reference to the goods sold hereunder, but on the express understanding that any such advice or assistance is given and accepted at the buyers risk, and the seller shall not be liable for any loss, damage or claims arising therefrom.
4.1 All goods are sold subject to payment within 30 days from end of month invoiced (or unless otherwise agreed in writing) and payable in full without any deductions or set off. Where there is no record of previous transactions between seller and buyer, credit account has lain dormant for more than 12 months or credit facilities have been removed – the seller may request payment of any new order(s) on a pro-forma invoice basis.
5.1 Delivery dates are estimated only and whilst the seller will endeavour to maintain such dates it does not entitle buyer to make seller liable in any way should delivery be after named date.
6.1 Notwithstanding the passing of risk in the goods to the purchaser the seller shall remain the legal owner thereof until such time as the purchaser shall have paid to the seller the full price thereof and the full price of any goods the subject of any other contract between the seller and the purchaser. The purchaser acknowledges that until such time as aforesaid he holds the goods as Bailee for the seller and shall if so required store the goods separately from his own goods and in such a fashion as to be readily identifiable as the property of the seller. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and purchaser.
6.2 The seller shall be entitled at any time to enter upon any premises of the purchaser where the goods may for the time being be stored and to recover the goods of which it is the legal owner, should the purchaser default upon agreed terms.
7.1 THESE TERMS AND CONDITIONS TAKE PRIORITY OVER ALL OTHERS AND SUPERSEDE ANY SUCH CONDITIONS ATTEMPTED OR PROPOSED ON ANY ORDER SENT TO THE SELLER.
7.2 THESE TERMS AND CONDITIONS ARE AVAILABLE ON REQUEST.