Terms & Conditions
Boring but essential...
1. Quotations & Prices
Quotations are not binding on us until we have accepted an order in writing and we reserve the right to revise quoted prices and charges in the event of any change in our costs and/or prevailing conditions between the date of quotation and the date of dispatch.
a. Non-cash – monthly.
b. Where goods are delivered outside the United Kingdom payment is by irrevocable letter of credit or by such other methods as we may specify. Payments will be made of the sterling equivalent at the rate of exchange for the relevant currency at date of invoice.
a. Where the contract provides for a single delivery or where delivery is to be made in instalments, such single delivery or each instalment delivery as the case may be, will be delivered to and accepted by you immediately after we tender the goods for delivery in accordance with the contract and where delivery is to be made in instalments the whole of such delivery unless otherwise specifically agreed.
b. In the event of you, or your customer, failing to accept any deliveries tendered in accordance with your order within seven days of notification by us that the goods are ready for dispatch, you shall be liable for the full price of the goods and all costs incurred by us in handling, storing and insuring all goods which have been manufactured in pursuance of this order until such times as we have given notice to repudiate the contract where upon we shall have the right to resell all such goods, and thereafter until either we have disposed of the goods elsewhere or until you have accepted all such goods or paid for them in full.
c. Whilst we make every effort to effect delivery as soon as goods are ready or in accordance with pre‐arranged dates, no guarantee is to be implied as to delivery
dates nor will we accept liability for loss or damage occasioned by delay in delivery however caused.
4. Sketches, Proof, Printing etc..
a. All sketches and origination work shall remain our property unless paid for in full by you.
b. Alterations from original copy on or after the first proof, including alterations in style, may at our discretion be charged extra. No responsibility will be accepted by us for any errors in proofs which have been passed by you.
c. Quotations for printing are made subject to the suitability of copy matters and of any materials to be supplied either by you or on your behalf (in the latter case whether charged to us or not) and furthermore are made on the basis of the use of our standard range in ink colours, any deviation from which may at our discretion be charged extra.
5. Material Supplied on Behalf of the Buyer
Where material or other property is supplied to us by you or on your behalf (whether owned by you or not) to be held by us for purposes of this contract we accept no responsibility for loss of or damage to such material or property. Howsoever and whenever occurring, no responsibility for important work caused by defects in or the unsuitability of, any material or property supplied.
a. Where delivery is made by us to a carrier from transmission to you or your nominee we will claim against the carrier on your behalf in respect of non‐delivery or short delivery by the carrier or damage in transit, provided you notify us and the carrier in writing of any such claim within such time as will enable us to comply with the time limits currently laid down by the carrier for notifying him of the claim in question.
b. We shall not be liable in respect of consequential loss or damage. Nor in respect of conditions or warranties, whether expressed or implied at stature or at common law which have not been confirmed by us in writing.
c. We shall not be liable in respect of any kind of claim or complaint against us unless you notify us thereof in writing within seven days of delivery to you of the goods(or in the case of non‐delivery, within seven days of the agreed date) and we shall have the option of replacing or crediting the value of the goods in respect of which any kind of claim is made thereby fully discharged all local liability in respect thereof.
7. Governing Law
The interpretation and performance of these Conditions will be governed by the law of England and the EEC.
8. Retention of Tile (RoT)
a. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
b. Should the goods become constituents or be converted into other products while subject the Company’s equitable and beneficial ownership, the Company shall have the equitable and beneficial ownership in such other products as if they were solely and simply the goods and accordingly sub‐clause (a) shall as far as appropriate apply to such other products.
No liability will be accepted for any failure of or delay in performance which is due wholly or partially to restriction by Government or other competent authority, lock‐outs, failure in our anticipated supplies of raw materials or to any other cause whatsoever beyond our control.
10. Manfacturing Tolerance
Goods will be manufactured in accordance with the specification and/or sample approved by you provided that a tolerance not exceeding one eighth of an inch or three millimetres shall be allowed in any dimension.
11. Quantity Variations
A shortage or surplus charged pro rata not exceeding ten per cent of the quantity ordered will be considered due execution for the contract.
12. Other Conditions of Sale
By ordering any goods from us you will be deemed to have accepted that these Conditions take precedence over any other Conditions on or in any letter, order form, accepted form, receipt or the like received by us in connection with the goods so ordered and that any such other Conditions will not form part of the contract between us for the sale of such goods.
If you wish to cancel your order prior to despatch, please notify us in writing. Charges may apply to cover administration, material and labour costs.
BBQF 16 ISSUE 02 27.06.2017