1.Execution Of Orders

Orders are accepted and promise of delivery given conditionally on our being able to secure the necessary materials and without responsibility for delays arising through risks and uncertainties of manufacture, strikes, accidents, restrictions imposed by the government, acts of war, or other causes beyond our control.

Orders for delivery from stock are subject to goods remaining unsold on receipt of order.

The right to refuse cancellations is reserved and cancellations will not be accepted in the case of goods ready for dispatch or in the process of manufacture.

2. Prices

Prices are subject to revision without notice, and will be those ruling at date of despatch, unless expressed otherwise.

3. Defects

In accepting delivery of goods supplied by us, the buyer acknowledges that no representation, whether oral or in writing has been made by us or by anyone in our employ, which has led the buyer to enter into the contract for the purchase of those goods.
No representation or warranty is made or given as expressly stated in these Conditions of Sale or in the appropriate quotation given in writing.

Any article sold will be replaced or repaired free of charge if we are satisfied that it was defective in material or workmanship upon delivery and provided notice of the defect is given to us in writing within 14 days of delivery. The above undertaking is given in lieu of all conditions or warranties of every kind express or implied by law or otherwise which are hereby expressly excluded and no liability is accepted for damage or loss of any kind whether caused by negligence or otherwise.

Where manufacturers of goods or materials have limited their liability in respect thereof or in respect of any consequential liability in connection therewith, and such limitation has been advertised or announced in trade literature or has otherwise been deemed to have come to the notice of the buyer whether generally or specifically, the same limitations shall apply to our liability on the sale of those goods by us in lieu of all conditions or warranties whether express or implied by law or otherwise which are hereby expressly excluded.

4. Damage, Shortage Or Loss in Transit

Any claim for damage, shortage, or loss in transit, will not be considered unless:

a: Damage or shortage is notified in writing both to us and to the carrier within three days after the date of delivery and the actual damage is recorded on the carrier’s delivery note.

b: Non-delivery is notified in writing both to us and to the carrier within 14 days after the date of advice note or invoice.

c: No Claim can be considered for damage or shortages where a clear signature has been given to the carrier.

5. Return Of Goods

The Company reserves the right to make a re-stocking charge at our current rate for goods returned by customers as surplus to requirements and such goods will not be accepted without prior agreement between the customer and the manager of the department concerned. Thereafter the return of goods will be accepted as the customer’s agreement to pay the re-stocking charge.

6. Duty And Tax

If before delivery of the goods they become subject to the imposition of value added tax or external duty or similar tax or charge imposed by statute or regulation, the purchaser will pay to us the gross amount of such tax, duty or charge in addition to the purchase price.

7. Risk And Title To Goods

a: The Buyer expressly agrees with this Company that until the Buyer has paid in full for the goods and has paid any monies whatsoever owing to the Company by the Buyer, those goods shall remain the property of this Company although the risk in those goods shall pass to the Buyer upon delivery.

b: The Buyer further agrees with this Company that in the event that the Buyer does not pay in full for the goods within the time for payment, this Company, its employees or agents may enter upon the land or buildings upon which the goods are situated and recover the same.

8. Credit References

We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principle directors with a credit reference agency.

9. General

If customer’s official order forms contain special printed conditions, such conditions are binding only insofar as they are not at variance with the terms and conditions mentioned above.

10. Payment Terms

Unless otherwise agreed payment is to be made by the end of the month following the date of invoice. Interest at the rate of 2.5% above the then current base rate of Clydesdale Bank PLC will be paid by Customers on all overdue accounts. Failure to make payments for deliveries by the date will entitle the Seller to delay, suspend or cancel further deliveries.