These terms and conditions do not
affect your statutory rights. It is not necessary for any Client to have signed
an acceptance of these terms and conditions for them to apply. If a Client
allows work to proceed or makes an initial payment then The Client will be
deemed to have satisfied themselves as to the terms applying and have accepted
these terms and conditions in full.
1.TERMS OF PAYMENT:
THE COMPANY RESERVES THE RIGHT TO REQUIRE PAYMENT PRIOR TO DELIVERY BY 'PROFORMA'
INVOICE OR IN 'CASH ON DELIVERY' UNLESS THE PURCHASER HAS AN ACCOUNT WITH
THE COMPANY,
WHEREBY PAYMENT IS REQUIRED NO LATER THAN THE LAST DAY OF THE MONTH FOLLOWING
THAT
IN WHICH INVOICE IS MADE.
PAYMENTS NOT SETTLED WITHIN THE TERMS AND CONDITITIONS ON TWO CONSECUTIVE
OCCASIONS
WILL RENDER ACCOUNT CLOSED .ANY FURTHER TRANSACTIONS WILL BE ON A CASH ONLY
BASIS.
2,PASSING OF TITLE:
THE PROPERTY IN THE GOODS SHALL PASS TO THE PURCHASER WHEN PAYMENT HAS BEEN
RECEIVED IN FULL.
3,PASSING OF RISK:
RISK IN THE GOODS SHALL PASS TO THE PURCHASER AT POINT OF DELIVERY.
4,NON-COMPLIANCE WITH SPECIFICATION:
THE COMPANY WILL AT ITS OPTION ,REPLACE OR CREDIT FOR ANY PRODUCTS WHICH DO
NOT COMPLY WITH SPECIFICATIONS, PROVIDED THAT THE PURCHASER GIVES IMMEDIATE
NOTICE THEREOF TO THE COMPANY AND THAT THE COMPANY IS AFFORDED PROMPT AND
ADEQUATE OPPORTUNITY TO INSPECT SAID PRODUCTS AND COMPARE WITH COMPANYS SAMPLE.
5. DELIVERY: “The Company”
shall use its best endeavours to meet delivery dates ( 5 to 10 working days
)but unless otherwise agreed in writing, time shall not be the essence of
the contract. In no circumstances shall the company be liable for any delay
in transit or delivery howsoever caused and shall not be liable to the customer
for consequential loss howsoever occurring. Should expedited delivery be agreed,
in writing, and necessitate overtime or other additional cost, an additional
charge may be made. No claim for damage in transit, shortage of delivery or
loss of goods will be entertained unless:-
(i) Where damage in transit or shortage of delivery occurs, a notice in writing
is given to the carrier and to “The Company” within 3 days of
receipt of the goods.
(ii) Where claims for loss of goods arise, a notice in writing is given to
“The Company” within 10 days from the advised despatch date. “The
Company” shall not be liable for the consequences of any loss or damage
caused by delay in delivery or performance howsoever caused and shall remain
entitled to payment in full of all “The Company’s” invoiced
sums, whenever invoiced. Delivery of work shall be accepted when tendered
or if earlier, on notification that the work has been completed. “The
Company” reserves the right to refuse delivery if circumstances deem
it appropriate and the customer shall not be entitled to demand delivery if
payment has not been made. Should express delivery be agreed, “The Company”
reserves the right to charge the customer further for any additional costs
involved.
6,FORCE MAJEURE:
WHILST THE COMPANY UNDERTAKES TO DO ITS UTMOST TO EXECUTE EVERY ORDER WITHIN
THE SPECIFIED PERIOD, THE COMPANY CANNOT ACCEPT RESPONSIBILITY FOR ANY FAILURE
OR DELAY IN PERFORMANCE OF THE CONTRACT IF AND SO LONG AS, SUCH PERFORMANCE
IS PREVENTED OR HINDERED BY CIRCUMSTANCES OF ANY KIND OUTSIDE THE COMPANY'S
DIRECT CONTROL.
7,TRANSPORT COSTS:
WHERE A CONTRACT CARRIER IS HIRED FOR DELIVERY OF GOODS ,THE COST WILL BE
INVOICRD TO THE PURCHASER.{THIS WILL BE ONLY UNDERTAKEN AFTER THE PURCHASER
HAS BEEN ADVISED.
8,LEGAL CONSTRUCTION:
THE CONTRACT SHALL, IN ALL RESPECTS, BE CONSTRUDED AND OPERATE AS AN ENGLISH
CONTRACT IN CONFORMITY WITH ENGLISH LAW.