|
DEFINITIONS
The Company means All Weather Lighting
Ltd. whose registered office is at Hoppers Piece, Heightington, Nr Bewdley, Worcestershire, DY12 2YP, UK
The Buyer means any person or company placing
a verbal or written order with the Company.
GENERAL
These Terms and Conditions shall form the
basis of any contract between the Company and the Buyer(s).
Unless specifically agreed in writing, these Terms and Conditions
shall take precedence over and supersede any standard Terms
and Conditions issued by the Buyer. No servant or agent of the
Company has the power to vary these conditions verbally.
PRICE
All quotations and estimates given by the
Company are, unless otherwise stated, based on current costs
of materials and wages and are subject to amendment on or after
acceptance to meet any recognised rise or fall in such costs.
Any variation to the prices quoted as a result of government
taxes and levies will be the express responsibility of the Buyer.
TERMS OF PAYMENT
Unless otherwise expressly agreed in writing
by the Company, the Buyer will pay strictly within 30 days of
the invoice date submitted by the Company.
If payment of the price or any part thereof is not made by the
due date, the Company shall be entitled:-
to charge interest on all outstanding amounts at the rate of
4% per annum above the current bank base rate, occurring daily
until final settlement; to insist on payment in advance of delivery
for any outstanding goods until all outstanding debts are settled,
without incurring any liabilities or penalties for delay to
or non-delivery of these goods.
The ownership of any goods delivered by the
Company shall only transfer to the Buyer when all outstanding
monies owed to the Company have been paid in full. Until such
payment is made the goods should be stored separately by the
Buyer and labelled accordingly. The Company reserves the right
of entry to the Buyer's premises to recover the goods in the
event of default by the Buyer. All risks for such goods shall
pass on delivery and the Buyer shall insure against such risks.
The Buyer shall pay all accounts in full and shall not exercise
any rights to set-off or counterclaim against any invoice submitted
by the Company.
DELIVERY
The price excludes delivery to the Buyer's
site within the UK by any appropriate method of transport at
the discretion of the Company. This site must be such that the
goods can be reasonably safely loaded.
Whilst the Company undertake to use its best
endeavours to deliver the goods on the promised delivery date,
it does not guarantee to do so. Time of delivery is not the
essence of the contract unless expressly so stated in writing.
The Company shall not incur any liability or
obligation in respect of any failure to deliver or delay in
delivery occasioned by any cause beyond its control. In the
case of any failure to deliver or delay in delivery by some
cause within its control the Company shall be under no liability
or obligation to the Buyer in respect of any indirect or consequential
loss.
Any complaint of short delivery or of damage
to goods in transit must be notified within three days of receipt
of goods and confirmed in writing at that time by the Buyer
to the Company and any complaint or failure to deliver goods
invoiced must be so notified within ten days of the date of
invoice.
INSPECTION
It shall be the Buyer's duty to inspect,
examine and test the goods before use and to satisfy himself
of their fitness for any purpose for which they are intended
to be used.
Any description of the goods has been given
by way of identification only and the use of such description
shall not constitute a sale by description. Any sample shown
to the buyer are exhibited solely to enable the Buyer to judge
the quality of the bulk and not so as to constitute a sale by
sample.
LIABILITY
Except as otherwise expressly mentioned
in these conditions the Company shall have no liability of any
kind whatsoever to the Buyer in respect of loss or damage whether
direct, indirect or consequential, suffered by the Buyer whether
in contract of negligence or otherwise in respect of any goods
supplied or work done by the Company.
FORCE MAJEURE
The performance of all contracts is subject
to variations of cancellation by the Company owing to any Act
of God, War, Strikes, Government Regulations or Orders, National
Emergencies, Lock-outs, Fire, Flood, Drought, Tempest of any
other cause beyond the control of the Company owing to any inability
of the Company to procure materials or articles required for
the performance of the contract and the Company shall not be
held responsible for any inability to deliver caused by such
contingency.
LAW
English Law shall be the proper law of
this contract.
|