Terms and Conditions
CONDITIONS OF SALE
All orders are accepted and executed on the understanding that the Purchaser is bound by these Conditions of Sale. Any Condition of a purchaser inconsistent with these conditions must be deemed to be and will be treated as inapplicable and these Conditions shall prevail. These Conditions are applicable to all contracts except to the extent that they are expressly excluded or varied by us in writing.
No order whether given by the Purchaser verbally or in writing shall constitute a contract unless and until its acceptance embodying these Conditions and any special Conditions as may be agreed upon has been confirmed by us in writing. No orders given and accepted as aforesaid shall be countermanded without our consent in writing and it is a condition of such cancellation that the Purchaser shall indemnify us against all loss and expense occasioned thereby. No clerical errors or omissions in quotations or acceptances of orders shall annul the sale but shall be subject to correction by us and no compensation shall be allowed to the Purchases in respect thereof. All deliveries are made subject to these general conditions of sale.
Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of dispatch and any price list of ourselves whether published or not shall not affect our right to charge for goods in accordance with this clause. All prices are subject to Value Added Tax at the appropriate rate.
Unless otherwise agreed in writing payment in full is due on delivery of goods.
Where the contract is to be or may be fulfilled in separate installments, deliveries or parts, payment for each such installment, delivery or part shall be made as if the same constituted a separate contract.
Unless otherwise specified the price quoted by us includes delivery to the Purchaser within the mainland of Great Britain, but we reserve the right to charge carriage on deliveries outside our usual delivery area, to special addresses and for low value orders.
Where the price quoted does not include delivery and the Purchaser makes his own arrangements for delivery all our goods are sent to the Purchasers own risk.
Delivery will be made to the address supplied by the Purchaser who will be responsible for offloading. It is the Purchasers responsibility to arrange insurance cover unless otherwise agreed in writing.
PACKING AND CASES:
Boxes and cases which have been charged for and unless otherwise specified the amount of the charge will be credited in full on the return, in one month, of such packing and cases in good condition carriage paid.
LOSS OR DAMAGE IN TRANSIT AND SHORTAGES:
We will, when the price quoted includes delivery, repair or replace free of charge goods damaged in transit provided that the carriers and ourselves receive written notification of such damage within four days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for "and such signature will constitute acceptance of the goods."
On receipt the goods should be forthwith checked by the Purchaser with the advice note enclosed with the goods. Shortage claims will only be considered if the carriers and ourselves written notice of such shortage within four days of delivery, failing which no liability will be considered. The packing and contents should be retained for inspection.
RETURN OF GOODS:
"In no circumstances may goods supplied in accordance with the Contract be returned without our prior written agreement. Goods returned with our written agreement must be consigned "carriage paid" and accompanied by a packing note stating the date and number of our invoice and the reason for the return. Any article which has been supplied to the purchaser’s special requirements for specifications cannot be accepted for return under any circumstances, and in other instances a restocking charge may be imposed.
Goods returned without our prior written approval may at our absolute discretion be returned to the purchaser or stored at the purchasers cost without prejudice to any right or remedies we may have.
Any times quoted for dispatch, repair or replacement are to be treated as estimates only and shall not amount to any contractual obligation to deliver at the time stated. We shall be under no liability for direct or consequential loss or damage arising from delay in delivery.
We shall be under no liability for any loss or injury suffered by the Purchaser where we are prevented from carrying out any provisions of the contract as a result of any cause beyond our reasonable control including (but not limited to) Acts of God, legislation, war, fire, drought, failure of plant or power supply or collapse of structure, lock out or strike or owing to any inability to procure materials required for the performance of the contract.
TITLE TO GOODS:
It is expressly agreed between ourselves and the purchaser that until we have been paid in full for the goods supplied the goods remain our property although the risk therein passes to the purchaser at the point when delivery is made to the purchaser or to any other person to whom we have been authorized to deliver the goods whether expressly or by implication; the purchaser should therefore insure the goods.
Until property in the goods passes to the purchaser the purchaser shall hold the goods and each of them on a fiduciary basis as bailee for us. The purchaser shall store the goods (at no extra cost to us) separately from all other goods in its possession and marked in such a way that they are clearly identified as our property.
Until such time as property in the goods passes from us the purchaser shall upon request deliver up such of the goods as have not ceased to be in existence or re-sold to us. If the purchaser fails to do so we may enter upon any premises owned occupied or controlled by the purchaser where the goods are situated and re-possess the goods.
Should the Purchaser default in payment of any sums due for any goods supplied by us, we reserve the right in our absolute discretion to suspend all further deliveries until the default is made good or to cancel the balance of any order. In either case, we shall hold the Purchaser liable for costs incurred in producing goods already in course of manufacture or ready for dispatch.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above our Bankers Base Rate from time to time in force.
The Purchaser relies on his own skill and judgment as to the suitability of all goods supplied for any particular purpose or for use under any specific conditions.
Our liability in respect of all goods supplied by us shall be limited to giving the Purchaser the benefit of any guarantee or warranty given by the manufacturers of such goods. We shall not be under any further liability howsoever arising and all conditions and warranties expressed or implied by or under Statute custom or trade usage are hereby expressly excluded (save that nothing in this Condition shall be construed as excluding or restricting our liability for death or personal injury resulting from our negligence as defined in Section 1 of the Unfair Contract Terms Act 1977).
DESCRIPTIVE MATTERS AND ILLUSTRATIONS:
All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by us are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
All drawings, descriptions and other information submitted by us shall remain our property together with the copyright, design right or other intellectual property therein.
Without prejudice to the generality of any of these Conditions, if any of the goods supplied by us are either in whole or in part electrical fittings, lights, switches, bulbs, wires, cables or electrical goods, the Purchaser shall ensure the goods are installed by or under the supervision of competent personnel in accordance with good engineering practice, established codes of practice, statutory requirements and I.E.E. Wiring Regulations as applicable.
Any performance figures given by us are based upon our experience and are such as we expect to obtain on test in our works. We shall be under no liability for damages or failure to attain such figures unless we have specifically guaranteed performance figures subject to the recognized tolerances applicable to such figures.
If at any time any question, dispute or difference whatsoever shall arise between us and the Purchaser in relation to or in connection with the contract either the Purchaser or ourselves may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon or failing agreement within thirty days of receipt of such notice, of some person appointed by the President for the time being of the institute of Electrical engineers.
Unless otherwise agreed by us in writing, these Conditions of Sale shall in all respects be construed and operate in accordance with the Law of England in force for the time being.BACK TO ABOUT US