CONDITIONS OF SALE

1. All quotations given by the seller (unless otherwise agreed in writing) are subject to withdrawal and alteration without notice and do not constitute an offer to supply goods. Goods supplied against orders accepted in writing will be charged at the price ruling at the date of dispatch.

2. Accounts in respect of goods supplied are due for payment by the buyer on or before the last day of the month following that of delivery (unless otherwise agreed in writing). The Seller reserves the right at any time and without prior notice to suspend deliveries to the buyer in the event of any account of the buyer with the Seller remaining unpaid after the time specified above.

3. Deliveries by road can only be affected as near as possible to site on good, hard, accessible roads. The unloading of the goods is the responsibility of the buyer.

4. The Buyer shall inspect the goods immediately on their arrival at the point of delivery, and shall within 72 hours from such inspection give Notice in writing to the Seller of any matter or thing by reason whereof the Buyer may allege that the goods are not accordance with the Contract. Within seven days of receiving such notice, the seller shall have the right to inspect the goods and provided that the Buyer has not used the goods and the Seller is satisfied that the defect alleged by the Buyer has risen from defective material of from the process of manufacture, the Seller will replace free of charge the goods defective. But the Seller shall not be responsible for any consequential loss or charge other than that of replacing the defective unused goods. If the Buyer shall fail to give such notice as foresaid, the goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for the same accordingly.

5. The Seller will not be responsible for any delays in deliveries or suspension of deliveries caused by strikes, lockouts, war, fire, breakdown of plant and machinery or any other causes beyond his control.

6. Description and or samples are submitted as indicative of the type of material and class of goods offered. No guarantee or warranty is given or implied that bulk supplies will be exactly as description of sample, and the use of such description and/or sample shall not constitute the contract a sale by description or a sale by sample as well as description.

7. The times within which the Buyer is to pay for the goods and to give notice after inspection of the goods shall be of the essence of the Contract.

8. Any dispute touching or arising out of or in respect of the Contract or the subject matter thereof shall be referred to two arbitrators, one to be appointed by each party, whose decision shall be final, in accordance with the subject to the provisions of the Arbitration Act 1950, or any statutory modification or re-enactment thereof for the time being in force.

9. Should any of the above conditions be in conflict with those of the Buyer, the conditions of the Seller will apply.

10. Where goods are supplied on credit the property of the goods shall remain vested in the Seller until payment is received in full.

11. If the Buyer shall become insolvent or fail to make due payment in the time and manner specified by the Seller, the Seller shall have the right to suspend or cancel further deliveries, and payment for all goods or services already supplied by the Seller shall become due immediately. In such circumstances the Seller shall have a general lien on all goods or the Buyer in the Seller’s possession (whether paid or not) for the unpaid prices of any goods or services supplied to the Buyer by the Seller under the same or any other Contract. For the purposes of this condition:
a. An individual or firm shall be deemed insolvent on the committing of any Act of Bankruptcy or on having execution levied against his or its goods or on a petition of Bankruptcy being presented against him or any partner in the firm.
b. A limited liability company shall be deemed to have become insolvent on the Appointment of a receiver or manager on behalf of a creditor, on having execution levied against its goods or on the passing of resolution (other than for the purposes of amalgamation or reconstruction) for winding up or on the happening of any event which would entitle the court to appoint a receiver or manager or a Winding Up Order.

12. These conditions and any Contract made are subject to and constructed in accordance with English Law.

13. Advice on products and their uses is given in good faith and to the best of our ability, and is in no way guaranteed and the Seller will not accept any liability.