Terms & Conditions

CONDITIONS of SALE

Definitions
1. In these conditions “Buyer” means the person whose offer for the sale of the Goods is accepted by the Seller.

2. “Goods” means the goods which the Seller is willing to supply in accordance with these conditions.

Contract
3. No contract shall come into existence until the Buyer’s order or offer for purchase has been accepted by the Seller.

4. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement of the seller and on terms that the Buyer shall indemnify the Seller in full against all loss, costs, charges and expenses incurred by the Seller as a result of cancellation.

5. No variation of these conditions shall be effective unless made in writing and signed on behalf of the Buyer and Seller.

6. Unless otherwise agreed in writing, these conditions shall prevail over any inconsistent terms implied by law or by trade, custom, practice or course of dealing and any such inconsistent terms are hereby expressly excluded.

Advice
7. Any advice or recommendation given by the Seller to the Buyer is to be followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation.

Availability
8. All orders for the Goods are accepted by the Seller subject to the Goods being available to the Seller and by accepting an order the Seller does not warrant that the Goods are available.

The Price
9. Any quotation given by the Seller as to price is valid for thirty days only.

10. In the event of the price not being fixed by quotation, the price will be that prevailing at the date of delivery.

11. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller, any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

12. The price includes any applicable value added tax unless expressly stated to the contrary.

13. The price excludes delivery, which shall be payable by the Buyer in addition to the price.

Delivery
14. Any dates quoted for delivery of Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.

15. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

Property and Risk
16. Risk in the Goods passes to the Buyer when the Seller delivers the Goods to the Buyer either by the Buyer collecting the Goods or the Goods being delivered to the Buyer by a carrier.

17. Ownership of the Goods remains with the Seller and will not pass to the Buyer notwithstanding delivery until the Seller is paid for all of the Goods and no other amounts are owed by the Buyer to the Seller in respect of other goods supplied by the Seller.

18. If the Buyer is overdue in paying for the Goods or any other goods supplied by the Seller, the Seller may, if still the owner of the Goods, recover and resell them. This does not affect any other right of the Seller.

Liability
19. The Buyer must carefully examine the Goods immediately on delivery and must notify the Seller in writing of any defects reasonably discoverable on careful examination. This notification must be received by the Seller within seven days commencing with the day of delivery to the Buyer. In the absence of notification, the Seller excludes all liability in respect of any defect which should reasonably have been discovered on careful examination.

20. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer, whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the Seller’s negligence). Non-exclusive illustrations of consequential or indirect loss would be loss of profit, loss of contracts, damage to the buyer’s property or property of any other person. The Buyer accepts that it is his responsibility to insure against these risks.

21. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller’s total liability for any one claim or for the total of all claims arising from any one act or default of the Seller (whether arising from the Seller’s negligence or otherwise) shall not exceed the price of the Goods.