Terms and conditions of Business
1.01 Each order contains, together with these terms, all of the terms of the contract and overrides and excludes any other terms stipulated or incorporated or referred to by the Buyer whether in the order or in any negotiations and by any course of dealings established by the Seller and the Buyer. All orders hereafter made by the Buyer shall be deemed to be made subject to these terms.
1.02 No modification of these terms shall be effective unless made by an express written agreement between the parties. The signing by the Seller of any of the Buyer’s documentation shall not imply any modification of these terms.
The buyer may not cancel the contract without the consent of the Seller, which if given shall be deemed to be on the express condition that the Buyer shall indemnify the Seller against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
Payment of invoices should be made according to our standard terms of PAYMENT AS SOON AS COMPLETION OF FITTING OR BEFORE DESPATCH OF ITEMS, unless otherwise agreed.
4. Passing of Risk
4.01 Risk of loss or of damage to the goods shall pass to the Buyer at the time of delivery.
4.02 The Seller shall not be liable for claims of any kind from the Buyer arising from any damage to the goods occurring after the risk has been passed howsoever caused nor shall any liability of the Buyer to the Seller be diminished or extinguished by reason of such loss.
5. Passing of Property
5.01 The property in the goods shall not pass to the Buyer until all sums due or owing to the Seller by the Buyer in respect of the goods and all other goods ordered by the Buyer from the Seller have been paid for and until payment the following the following provisions of this Clause 5 shall apply.
5.02 The whole of the price shall not be treated as paid until any cheque, bill of exchange or other instrument of payment given by the Buyer has been met on presentation or otherwise honoured in accordance with its terms. The Seller may sue for the whole of the price at any time after it has become payable.
5.03 If the Buyer defaults in the punctual payment of any sums owing to the Seller the Seller shall be entitled to the immediate return of all the goods sold by the Seller to the Buyer in which the property has not passed to the Buyer, and the Buyer hereby irrevocably authorises the Seller to recover the goods and to enter any premises of the Buyer for that purpose.
Demand for or recovery of the goods by the Seller shall not of itself discharge either the Buyer’s liability to pay the whole of the price or to take delivery of the goods or of the Seller’s right to sue for the whole of the price.
5.04 Until property therein has passed to the Buyer:-
(a) the Buyer must store the goods separately from its own goods and in such a way that they can be clearly identified as the Seller’s property
The Buyer must inspect the goods immediately on delivery and give notice to the Seller’s Runcorn office in writing within seven days of delivery of any matter or thing whatsoever by reason of which the Buyer considers that the goods as delivered are not in accordance with the contract (including shortages). Any such notice must be given before the goods have been resold , cut, treated, altered or made up in any way whatsoever. If no such notice is given the goods will be deemed to be in all respects in accordance with the contract and the Buyer will apply to defects which the Buyer could not reasonably have discovered by careful examination of the goods. Goods can only be returned to the Seller with the prior agreement in writing of the Seller. A handling charge may be imposed by the Seller in respect of returned goods.
7. Delivery Charge
Deliveries will be charged on items dispatched.
It is the responsibility of the Buyer to ensure that the product is fit for the purpose and application in which it will be used.
The Buyer shall be responsible, at the Buyer’s expense, for ensuring that adequate tests are carried out.