It is an essential term of the Company supplying materials and all associated services that the Companies standard terms and conditions, as set out herein shall apply to all transactions undertaken. Accordingly, the Companies standard terms and conditions, as set out herein, are incorporated into any contract arising from any quotation given by or on behalf of the Company, including quotations not given in writing. The Company shall not be bound by any term or condition, other than those contained within these standard terms and conditions unless the Company has agreed in writing to be so.
Price
The price(s) quoted by the Company are current at the date of quotation based upon the cost of materials, labour, equipment and operations at the time of the Companies last price review and are exclusive of VAT. All contracts are subject to the conditions that deliveries shall be made at the Companies price(s) ruling at the date of dispatch and in the event of variation in any such costs the Company shall be entitled, at its absolute discretion, to increase prices accordingly.
The Companies quotation is based upon the tax contribution or levies in force at the date of the Companies quotation. In the event of an increase in the Companies tax or levies burden in connection with the Companies quotation prior to delivery to the Customer the Company shall be entitled to recover the increased amount from the Customer.
The Companies quotation includes for delivery & collection during standard business hours unless otherwise stated. Any deliveries or collections made on public holidays, Saturday afternoons or Sundays or at any time considered to be outside the Companies normal business hours shall be subject to a price increase unless the Companies quotation expressly states for delivery or collection outside of normal business hours at no extra charge. It shall be the Customer’s obligation to establish the normal business hours of all the Companies facilities likely to affect delivery or collection.
The Company shall be entitled to charge waiting time where the Companies appointed delivery vehicle has been held on site for longer than 15 minutes from time of arrival on site.
The Companies quotation is based upon the Customer making satisfactory arrangements for payment prior to the Customer ordering materials or goods from the Company.
Notwithstanding any other term or condition contained herein or whether any materials or goods have been supplied by the Company, the Company shall have no obligation towards the Customer until satisfactory arrangements for payment are put in place by the Customer.
Acceptance
The Companies quotations shall remain open for acceptance for a period of 30 days from the date of the quotation, thereafter it shall be incapable of acceptance at the Companies sole discretion which shall at the all times be confirmed in writing. Any written acceptance or formal order will be acknowledged in writing by the Company affirming the terms and conditions of the contract. In the event that materials are delivered or collected prior to written agreement being in place, the Companies terms and conditions shall apply, and any other terms or conditions shall be of no effect.
Delivery
The Companies quotation is based upon safe and easy access for delivery and collection of goods or services using the Companies usual road vehicles. In the event that, in the Companies opinion, such access is not available or that any road or ground over which the Companies vehicles would have to travel is unsafe / unsuitable, the Company shall have the right to effect delivery or collection at the location determined by the Company as being the closest to the Customer’s requirements. Should the Company incur extra costs in making a delivery to or collection from an unsatisfactory access or over an unsuitable road or ground, the Company shall be entitled to recover the extra costs from the Customer. The Company shall have no obligation to make further deliveries or collections until the Customer has met the extra costs.
Delays
Unless expressively agreed otherwise in writing, all delivery times given by the Company shall be considered approximate and shall be flexible and may be subject to change without notice. The Company shall not be responsible for any consequences arising out of its failure to deliver or, where the Customer will collect materials, for its delay supplying any materials, goods or services. The Companies responsibility following any missed delivery or collection shall be limited to effecting delivery or collection at the earliest opportunity after the missed delivery or collection.
Disputes & Complaints
If any materials or goods supplied by the Company are proved to be not in accordance with the quality or specification noted in the Companies quotation, the Company shall supply materials or goods if, by not conforming with the quality or specification, such materials are proved to be defective and unsuitable for the purpose to which they are being put out.
The Company shall only be liable to supply replacement materials or goods if the Customer has notified the Company in writing of a complaint upon receipt or no later than 12 hours after having received the materials or goods. It is the Customer’s responsibility to ensure that the materials and goods meet the Customer’s requirements. In giving a quotation for materials or goods, the Company accepts no responsibility whatsoever that the materials referred to within the Companies quotation shall be suitable for the purpose the Customer intends.
The Company shall have no liability to the Customer or other third parties in respect of any direct, consequential or indirect loss or damage howsoever arising and howsoever caused in respect of the Companies materials or goods.
Any complaint with regards the Company & its associated services should be made by telephone to the office in the first instance. Any complaint will be dealt with and fully investigated, and the outcome of the complaint will be responded to in writing to the Customer within 30 days. The Companies liability to the Customer or others in respect of the Companies materials or goods shall, in any circumstance, be limited to supplying replacement materials or goods. The Customer shall have no other right in contract, direct or otherwise and all and any conditions, terms and representations (Whether express, implied, statutory or otherwise) are by agreement excluded.
Samples
All material samples provided by the Company are from production at date of submittal & as such, any materials supplied, due to the variation of raw product, can vary to the sample provided.
Payment
Unless otherwise expressly stated in the Companies quotation, the Company shall be entitled to payment in accordance with the Company’s standard terms and conditions as set out herein. The Company shall render invoices to the Customer at such intervals as the Company shall consider appropriate. The Company shall be entitled to receive payment of the full invoice amount no later than 30 days from the date shown on the invoice. The terms of the Late Payment of Commercial Debts Act 1998 are deemed incorporated into the Companies standard terms and conditions. Although compensation and interest shall not be payable unless payment is received from the Customer beyond the 30th day period of credit, for the purpose of calculating the amount of interest due to the Company on any payment made late or not at all, the payment shall be considered due (or overdue) as of the date shown on the invoice and the period of credit shall not be considered in calculating the amount of interest due from the Customer.
The Companies right to interest in respect of late or non-payment shall be in addition to the Companies right to suspend further performance of its obligations under the contract without notice, upon any invoice being unpaid upon the expiration of the agreed credit period of 30 days following the date of invoice. The Company shall under no obligation to resume performance of its obligations until all invoices rendered to the Customer have been paid in full and the Company has received satisfactory assurance that future invoices will be paid on time. Ownership of materials or goods provided shall remain that of the Company until the Company has received payment in full for all materials supplied to the Customer. The Customer shall assume the risk and responsibility for damage to the Companies materials or goods upon delivery.
Governing Law
These conditions and any contract to which they apply shall be governed and construed by the laws of England.
