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Terms and Conditions of Sale
1. All contracts are carried out only on the basis of these Terms and Conditions and no variation shall be binding on the Company unless in writing signed by a Director of the Company.
2. Save for Terms and Conditions set out below, all conditions, warranties or terms of business or usage express or implied statutory or otherwise are hereby expressly excluded.
3. Goods are not tested or sold as fit for any particular purpose and any term warranty or condition express implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the Company’s liability (in contract, tort or otherwise) to the customer, arising under out of or in connection with this contract or the goods supplied hereunder, exceed the invoice price of the particular pieces concerned: and the Company shall be under no liability, for loss or damage howsoever arising caused by circumstances outside its control. Furthermore, since the Company has no knowledge of or control over the use to which the goods may be put, or method of storage applied since leaving the Company’s premises the Company cannot accept any liability for consequential or economic loss howsoever caused, and whether resulting directly or indirectly from any breach of the said terms, warranties or conditions or from any act, neglect or default on the part of the Company, its employees, officers or agents.
4. a) Title to all goods supplied hereunder shall remain vested in the Company until payment is made in full by the Customer.
b) Sub condition (a) shall not prevent the Customer from embodying the goods in any product or from selling the goods or any product embodying the goods but until such time the Customer shall keep the goods separate and identifiable. In such event (to the extent of the Customer’s indebtedness to the Company in respect of the goods) the Customer shall:-
i) Hold the proceeds of sale or the right to receive the same on trust for the Company: and
ii) Place the proceeds of sale in a separate account of the Customer in such a way as to be unidentifiable as in the beneficial ownership of the Company: and
iii) At the Company’s request assign the right to receive the proceeds of the sale to the Company.
c) Upon the happening of any of the following events (“events of default”) the Company without prejudice to its other rights under these conditions shall be entitled to enter upon any land or premises where the goods or any product embodying the goods may be for the time being to detach the goods it so embodied and to recover possession of them namely:
i) Where the Customer shall fail to make payment in full on the due date for all goods supplied hereunder:
ii) Where the Customer shall have a Receiving Order made against him or become bankrupt or enter into any agreement or composition with his creditors:
iii) Where the Customer being an incorporated Company shall have a Receiver appointed or pass a Resolution to wind-up or have an Order of the Court made against it to any such effect.
d) Upon the occurrence of an event of default all sums then standing to the credit of the Company whether subject to this contract or not shall become due and payable with immediate effect.
5. The standard Terms and Conditions of Sale Ex-Stock and “To arrive” adopted by the Importers Division of the Timber Trade Federation in force at the date hereof (a copy of which is available to the Customer on request) shall be deemed to be incorporated herein in full but if there is any inconsistency between these Terms and Conditions and those of the said Timber Trade Federation the Company’s Terms shall prevail and they shall likewise prevail over any terms and conditions of the Customer.
6. If any contract(s) made by the Company to procure the goods provides for variation of price(s) or for the cancellation of such contract(s) in the event of alteration in rate(s) of exchange and if by virtue of such provision either the price of any of the goods to be paid by the Company, or the Sterling equivalent thereof, is varied or the contract(s) is cancelled then the price(s) of such goods under this contract shall be varied by the same amount or the Company at their option shall have the right to cancel this contract by notifying the Customer in respect of any goods not delivered to the Customer at the date.
7. Terms of payment are as specified on the Company’s invoice with time of payment being of the essence of the contract and if payment is not made on the due date interest will be charged at a rate of 4% per annum over the base rate of Nation Westminster Bank Plc for the time being.
8. a) The decision to pack and the method of packing goods is at the Company’s discretion. Any excess cost for special packing if requested by the Customer shall be for the Customer’s account.
b) The Company will use its best endeavour to deliver the goods by the date(s) specified in Order/Contract but shall be under no legal obligation to do so and in no circumstances will the Company be liable for delay or for any loss or damage whatsoever caused directly or indirectly by any delay in the delivery of the goods. The Customer undertakes despite delay to accept the goods on delivery by the Company.
c) The Company reserves the right to deliver the goods by instalments and failure of any delivery or any defect in the contents thereof shall not entitle the Customer to refuse any other delivery.
9. If the delivery of the goods is in the Company’s opinion rendered impracticable by reason of ACT of God industrial action trade disputes restrictions of supplies Government control inevitable accident force majeure or any other circumstances outside its control the Company shall be at liberty to terminate the contracts by notice without liability to the Customer for loss or damage directly or indirectly arising there from.
10. The goods shall be at the Customer’s risk from the time of order.
11. It is an express term of any contract for the processing of goods that the processing is carried out entirely at the Customer’s risk and no liability whatsoever is accepted by the Company for any loss deterioration or damage arising from such processing whether carried out by the Company or by third parties to whom such processing is sub-contracted.
12. Notice of any claim arising out of or in connection with this contract must be given in writing to the Company within 2 working days from the date when the goods are collect or delivered failing which all claims shall be deemed to be waived and absolutely barred and no claims will be entertained unless goods are in exactly the same condition as when collected or delivered.
13. Any information given on the face hereof as to size, thickness, density or other description of any product is intended as an approximate or nominal indication only.
14. Waiver by the Company of any breach of these Terms and Conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
15. This Agreement shall be governed and construed in accordance with English Law.
16. Any clerical error or omissions contained in the Company’s quotation, acknowledgement or invoice shall be rectified by the Company on the discovery and as soon as practicable notified to the Customer; such errors or omissions shall not be binding on the Company and rectification thereof shall not invalidate the contract.
17. You may be assured that we will deal with your information in accordance with our legal obligations under the General Data Protection Regulations.
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