Asset 8

Terms and Conditions

  1. All sales are made subject to these Standard Terms and Conditions of Sale.
  2. The foregoing conditions shall override any stipulations, conditions or reservations made by the Purchaser in-so-far as they conflict.
  3. Any contract shall be governed by English Law and it is expressly agreed that English courts shall have jurisdiction.
QUOTATIONS
  1. Any quotation is without engagement and is subject to written confirmation by us on receipt of order.
  2. Any quotation is made on the understanding that the whole of the Quantity and/or service quoted for will be ordered and supplied. Cancellation of all or
    any part will not be valid unless accepted by us in writing in which case we shall be entitled to revise our quotation and charge a cancellation fee at our
    discretion.
DELIVERY
  1. Should manufacture of the goods quoted or the delivery thereof to the Purchaser whether by us or an independent carrier, be prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of raw material or fuel notwithstanding that we have taken all responsible steps to procure the same, shortage of labour, break-down or partial failure of plant or machinery, late receipt of the Purchaser’s specification or any other cause whatsoever beyond our complete control concerned with the manufacture of delivery of the goods, then the time for delivery of the goods shall be extended for a reasonable period.
  2. Any dates given by us for the delivery of goods are given in good faith but no liability whatsoever for any loss, injury, damage or expenses arising directly or indirectly from any delay in such delivery for any reason will be accepted.
  3. Our responsibility for goods collected from our premises by or on behalf of the Purchaser shall cease when the goods have been taken by the Purchaser or
    his agent or carrier. In respect of goods to be delivered by us our responsibility shall cease when the transport containing the goods shall have arrived at
    the nearest hard road approach to the site and shall have been made available for unloading in accordance with the contract.
PRICES
  1. Prices quoted are based upon current conditions, costs of labour, materials and statutory charges and are subject to increase without notice to take account of variations or alterations in the same. We accordingly reserve the right to adjust the invoice prices in the event of any increases in the costs of materials, transport or of labour and/or to take account of any other costs which may arise as a result of legislation or by reason of any other event unknown to us at the date of our quotation.
  2. All deposits paid with orders/stage and pro-forma payments on bespoke products are non-refundable
  3. All prices are subject to Value Added Tax at current rate.
  4. Terms are strictly net 30 days from invoice date or delivery or collection date, whichever is earlier or on demand at the Sellers discretion.
  5. Payment for goods shall be made in accordance with our terms of payment and shall not be delayed if the goods supplied by us are not used nor shall payments be delayed pending the settlement of any claim against us and accordingly the Purchaser shall not be entitled to any right of set off against the purchase price. Non-compliance with our payment terms shall entitle us to withhold further deliveries forthwith. The Purchaser shall not be entitled to withhold or delay the whole or any part of the payment to us on the ground of insufficient or no proof of delivery unless the Purchaser has given written notice to us within seven days of the invoice date requiring proof of delivery. Our delivery note/invoice copy receipted on behalf of the Purchaser or other reasonable evidence as we may produce shall be sufficient proof of delivery for this purpose. The Purchaser shall not otherwise be entitled to require proof of delivery
  6. If the Purchaser fails punctually to comply with the contracted payment terms, the seller shall be entitled to interest on any amount overdue at 4% per annum above the base lending rate of Lloyds Bank plc from time to time applicable.
RETURN OF GOODS
  1. If the goods are faulty or have been delivered with the incorrect materials we accept return of goods without charge. However, if goods are incorrectly ordered and can be accepted as return goods a handling charge of 25% of the goods price would be made, plus any incurred carriage.
  2. If after delivery with a “clear signature” (indicating therefore, that the goods were received in good condition), there is a problem with a consignment,
    provided that verbal notification is made to Advantage Storage and Handling 4.30pm the next working day after delivery date a claim may still be processed.
LIABILITY
  1. Liability for short delivery, defective materials, damage in transit or faulty components will not be considered unless notification in writing is received by
    us as follows:

    1. In the case of materials delivered by us, our servants or agents to site, or premises of the Purchaser, within seven days of such delivery, always provided such goods shall also be made available as delivered for our inspection within a reasonable time after such notification.
    2. In the case of materials collected by or on behalf of the Purchaser from our works within seven days of such collection, always provided such goods shall be made available as collected for our inspection within a reasonable time after such notification.
    3. In each case if no such notice is received by us within the specified period the contract shall be deemed to have been in all respects properly
      performed by us.
  2. Our liability in respect of any defective goods supplied by us regarding which a valid claim has been made under Condition 15 above shall be strictly limited to the delivery to site at our expense of other goods in replacement of the defective goods or remedying the faulty components and shall not extend to another damage or loss whatsoever suffered by the Purchaser and in particular be without prejudice to the generality of the fore-going we shall not be liable for loss of profit damage to plant or any expenditure incurred on goods supplied or remedial works performed or any consequential or special loss or damage sustained by the purchasers.
  3. Nothing in these Conditions shall exclude or restrict any liability that we may have virtue of the Consumer Protection Act 1987 shall be made against us in respect of products supplied under this contract, the Purchaser shall:
    1. Fully indemnify us against all costs, expenses and damage suffered or incurred by us in respect of any claims by third parties which shall include employees of the Purchaser. The indemnity shall apply to any lawful claim made under the Consumer Protection Act 1987, and shall continue for a period equivalent to the maximum period during which a lawful claim can be made under the Consumer Protection Act 1987 or any subsequent legislation.
    2. Fully indemnify us against all costs, expenses and damage suffered or incurred by us in respect of any claims by third parties which shall include employees of the Purchaser. The indemnity shall apply to any lawful claim made under the Consumer Protection Act 1987, and shall continue for a period equivalent to the maximum period during which a lawful claim can be made under the Consumer Protection Act 1987 or any subsequent legislation.
    3. Provide us with all available records and documentation which will assist in identifying the destination of any product supplied to the Purchaser under this contract.
  4. No warranty as to fitness for the purpose shall be implied for any material.
  5. No representation or statement made or purporting to be made by any person on our behalf shall be binding unless subsequently confirmed in writing by us.
TITLE OF GOODS
  1. The property in the goods shall not pass to the Purchaser until payment has been received in full in cleared funds of the price of the goods. Until the property passes the Purchaser shall hold the goods as the Seller’s fiduciary agent but shall be entitled to resell or use the goods in the ordinary course of business but shall account to the Seller for the proceeds of sale. Until property passes (and provided the goods are still in existence and not resold) the Seller shall be entitled to require the Purchaser to deliver up the goods to the Seller and if the Purchaser fails to do so forthwith to enter the premises of the Purchaser or any third party and repossess the goods.