TERMS AND CONDITIONS OF TRADING
All quotations, offers and contracts are subject to the following terms and conditions. “The Company” shall mean Plumbstop Ltd or any of its subsidiary companies as may be appropriate and “The Buyer” shall mean the other party to any quotation, offer or contract with the Company. No addition to exclusion from or variation of any of these conditions (whether contained in any official order form of the Buyer or otherwise) shall be binding upon the Company unless expressly accepted in writing by the Company.
2.Offer and Acceptance
Quotations are given subject to the Company’s approval and are also subject to prompt acceptance for quantities specified. Offers for delivery from stock are made subject to goods remaining unsold on receipt of orders. Orders accepted by the Company may not be cancelled under any circumstances unless agreed in writing by the company. The company reserves the right to refuse to execute any order or contract if the arrangements for the buyers credit or payment are not satisfactory to the company.
All prices quoted are exclusive of Value Added Tax which will be charged at the rate applicable on the date of delivery. Prices shown on quotations or acknowledgements of orders are subject to alteration or withdrawal without notice. Notwithstanding any offer, quotation, tender or price list, orders are accepted on the express basis that the price payable for the goods shall be the Company’s price ruling at the date of collection by or delivery to the buyer.
Payment must be made on or before collection or delivery except by those buyers who have approved accounts with the company in which case payment shall be made within the month following the invoice date. In the event of any payment being in arrears, (a) the Company reserves the right to suspend deliveries until all arrears of payment are received and acknowledged by the Company , and (b) the buyer shall pay interest on all sums overdue from the date Payment became due until payment is made in full at the rate of 3% percent above Lloyds Bank base rate for the time being in force, such interest to be payable forthwith on written demand being given by the Company to the buyer. An administration surcharge of £50.00 will be added to the balance of accounts sent for legal action.
All goods shall be at the buyers risk from the time of collection from the Company’s premises or where delivery is made by the company from the time of delivery to the buyers address. Where delivery is not made by the Company risk shall pass to the buyer on despatch of the goods from the Company’s premises.
6.Reservation of Title to Goods
Notwithstanding the provisions of clause 5 the legal and equitable title to all goods shall remain with the company until it has received payment in full for those goods. Without prejudice to any other rights which the Company may have the Company shall be entitled to terminate the contract to sell the goods and/or repossess them without notice to the buyer at any time before payment in full has been made and whether or not payment has become due. Access shall be afforded at all times to the Company’s representatives to any premises where any goods shall be situated for the purpose of repossessing such goods and all reasonable assistance shall be given to the company for that purpose. The buyer shall have the right to use, sell or otherwise deal with goods for which payment in full has not been made in the normal course of his business but any such sale or dealing will constitute a sale or dealing of the Company’s property by the buyer and the buyer shall forthwith account to the company for the proceeds of any such sale or for any sums realised by such dealing with the goods up to the total price of the goods outstanding and pending such accounting will hold all sums received on trust for the company.
In the case of circumstances beyond the Company’s control including strike, riot, lock out, fire, breakdown of machinery, act of God, acts or omissions of Government or other authorities, the Company reserves the right to cancel or suspend the contract with the buyer without thereby incurring any liability whatsoever.
Goods collected by or delivered to the buyer may not be returned without the Company’s consent in writing. In any event where such consent is given, the buyer shall pay to the Company a charge of 20% of the price of the goods to cover clerical and other expenses. Goods returned must be adequately identified sufficiently packed and sent carriage paid.
9.Exclusion and limitation of liability
(i) The Company is not a manufacturer and shall not be liable to the buyer in respect of any consequential loss or damage in the event of any breach of contract in relation to the goods for any reason whatsoever.
(ii) The goods are sold with the benefit of any express Guarantee given by the manufacturers in respect of the goods but subject thereto all representations, warranties and conditions whether express or implied, statutory, by collateral agreement or otherwise are expressly excluded.
(iii) The Company shall not be liable for goods damaged or for shortages on delivery unless such damage or shortage is noted on the delivery sheet issued to the Company’s driver or notified by the buyer to the Company in writing 24 hours of collection or delivery.
(iv) In any event except to the extent that the Company is able to pass on to the buyer the benefit of any manufacturers express guarantee, the liability of the Company to the buyer in respect of any contract for the sale of goods howsoever arising shall not exceed the invoice price of those goods.
Whilst every endeavour will be made to keep to dates promised for delivery, such dates must be deemed estimates only and the Company shall not be liable for any failure to deliver by such date. The date for delivery shall be extended by a reasonable period if delay is caused by instructions or a lack of them from the buyer. Each delivery shall be deemed a separate contract and the failure of any delivery shall not affect the contract in respect of any other deliveries.
The accuracy of any information supplied as to description, price, or measurement of goods is not guaranteed; such information is given by way of identification or illustration only and the use of such description shall not constitute any contract as sale by description. Where any such details are of importance the buyer should himself verify the information before placing an order. It is the buyer’s responsibility to see that all goods comply with the local byelaws and/or regulations.
Carriage is paid on deliveries within the Company’s tree delivery area by its own transport. Goods delivered otherwise at the buyer’s request will attract additional charges.
In the event of the buyer’s death, incapacity or entering into liquidation whether compulsory or voluntary (except for the purpose of reconstruction or amalgamation) or Receivership or if the buyer should become subject to the bankruptcy laws or make any assignment, agreement or composition with his creditors, the Company may declare any contract cancelled without prejudice to any other right which the Company may have and the purchase price of any goods and materials invoiced and/or delivered shall immediately become due for payment.
(i) Any contract between the Company and the Buyer made in Scotland shall be construed in accordance with the Laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish Courts.
(ii) Any contract made between the Company and the Buyer elsewhere than in Scotland, shall be construed in accordance with the Laws of England and the parties agree to submit to the jurisdiction of the English Courts.
15.Errors and omissions
Clerical errors and omissions are subject to correction without notice.