CONDITIONS OF SALE Unless otherwise agreed in writing, these terms shall be incorporated into all agreements between the Seller and Buyer and shall prevail over any other warranties, representatives, terms and conditions however sought to be incorporated.
Unless otherwise agreed in writing, prices are based on the manufacturing current price list and are exclusive of VAT which will be charged at the rate prevailing at the date of despatch.
The Seller may credit to the Buyer in its absolute discretion. In the event that credit facilities are granted, payment is due within 30 days of invoice. No settlement discount shall be allowed. Overdue accounts shall carry interest at 2.5% per month.
- In the event of suspension of work owing to the Buyer instruction or lack of instructions the price shall be adjusted accordingly. In the event of cancellation of order, the Sellers reserve the right to claim all losses and expenses occasioned by the cancellation.
Risk in the goods shall pass to the Buyer upon delivery.
- Delivery in UK mainland shall be to ground floor entrances only. The delivery driver making the delivery will be unaccompanied; the Buyer is required to provide free assistance unloading goods upon delivery, unless prior arrangement is made.
The Seller undertakes to replace free of charge any item which, in the Seller’s opinion demonstrates within 12 months from delivery a defect in materials or workmanship, provided that no claim in respect of non-delivery or shortages or breakages upon delivery shall be entertained unless made in writing within 5 days of despatch (where the Sellers own transport is not employed in delivery).
- Save as aforesaid, the Seller undertakes no liability whatsoever in respect of any loss howsoever arising, whether by reason of misrepresentation, negligence, breach of any term or condition or otherwise. The Seller would be obliged to charge significantly higher prices were a greater liability to be undertaken by it. The Buyer is advised to consider obtaining insurance against the risk of loss in the event that the Seller’s goods might be defective.
Property in the goods shall not pass to the Buyer until the Buyer has paid in full all sums due to the Seller under this or any other contract. Until property in the goods has passed to the Buyer shall upon request deliver up the goods to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the goods are situated and repossess the goods.
The Seller may assign or sublet this contract in its absolute discretion.
The proper law of this contract is English Law.