Terms and Condtions
Terms of Trading
1.1 The price quoted excludes VAT if applicable (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
1.2 Our quotations may lapse at any time prior to dispatch (unless otherwise stated).
1.3 The price quoted includes delivery (unless otherwise stated).
1.4 The price quoted in our invoice is the final price, assuming delivery is within 60 days of the purchase order being received.
1.5 Rates of tax and duties on the goods will be those applying at the time of delivery.
2.1 All delivery times quoted are estimates only. Any changes in delivery time will be advised to you as soon as possible.
2.2 If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
2.2.1 You may not cancel if we receive your notice after the goods have been dispatched; and
2.2.2 If you cancel the contract, you can have no further claim against us under that contract.
2.3 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay
(including indirect or consequential loss, or increase in the price of the goods).
2.5 We may deliver the goods in installments. Each installment is treated as a separate contract. We will deliver to one address only.
2.6 We may decline to deliver if:
2.6.1 We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
2.6.2 The premises (or the access to them) are unsuitable for our vehicle.
3.1 The goods are at your risk from the time of delivery.
3.2 Delivery takes place either:
3.2.1 at our premises (if you are collecting them or arranging carriage); or
3.2.2 at your premises or address specified by you (if we are arranging carriage).
3.3 You must inspect the goods on delivery. If any goods are damaged or not delivered, you must inform the Delivery driver by writing on the
Delivery receipt noting the damage or short delivery. You must also write to tell us within 48 hours of delivery or the expected delivery time.
You must give us (and any carrier) a fair chance to inspect the damaged goods and keep all packaging for inspection. In the event that the
goods do not arrive you must inform us within 7 days of the delivery date.
4.1 You are to pay us in advance, unless you have an approved credit account.
4.2 If you have an approved credit account, payment is due no later than 14 days after the date of our invoice unless otherwise agreed in writing.
4.3 If you fail to pay us in full on the due date we may:
4.3.1 Suspend or cancel future deliveries;
4.3.2 Cancel any discount offered to you;
4.3.3 Charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;
A. Calculated (on a daily basis) from the date of our invoice until payment;
B. Before and after any judgment (unless a court orders otherwise);
4.3.4 Claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
4.3.5 Recover (under clause 4.7) the cost of taking legal action to make you pay.
4.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do
any of those at any time without notice.
4.5 You do not have the right to set off any money you may claim from us against anything you may owe us.
4.6 While you owe money to us, we have a lien on any of your property in our possession.
4.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing
costs, including legal costs on a full indemnity basis and the cost of instructing a debt recovery agency to recover a debt due to us if any)
following any breach by you of any of your obligations under these terms.
5.1 Until you pay all debts you may owe us:
5.1 1 all goods supplied by us remain our property;
5.1.2 you must store them so that they are clearly identifiable as our property;
5.1.3 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
5.1.4 you may use those goods and sell them in the ordinary course of your business, but not if:
A. We revoke that right (by informing you in writing); or
B. You become insolvent.
5.2 If there is any money outstanding any goods supplied by us remain our property (whether paid for or not) to the value of the outstanding balance plus interest and expenses.
5.3 You must inform us immediately (in writing) if you become insolvent.
5.4 If your right to use and sell the goods ends you must allow us to remove the goods.
5.5 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not
5.5.1 pay us by the due date. Retention of Title claims and legal proceedings will not commence until at least 14 days after payment due date.
5.5.2 You are not our agent. You have no authority to make any contract on our behalf or in our name.