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Terms & Conditions

 

GENERAL
[A] All quotations are made and all orders accepted subject to the following conditions. All conditions of the Customer or other terms conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing.
[B] Quotations shall only be available for acceptance for a maximum period of 30 days from the date thereof and may be withdrawn by the Company within such period at any time by written or oral notice.
[C] Any description contained in the Company’s correspondence, catalogues, price lists or other advertising material is intended merely to present a general picture of the Company’s products and shall not form a representation or be part of the Contract.                 
[D] In the event that the Company has not given a written acknowledgement of the Customer’s order these conditions provided the Customer shall have had prior notice of them shall nonetheless apply to the Contract. 
[E] The Company reserves the right to correct any clerical or typographical errors made by its employees at any time.
[F] It is the exclusive responsibility of the Customer to satisfy himself that the goods are suitable for the purposes for which they are required. No Goods are sold tested.
[G] All conditions and warranties whether express or implied by law are excluded from the contract and in particular, the Vendors shall be under no liability for the goods proving defective in design or insufficient for the purpose for which they are bought.
[H] If any cause outside the Company’s control or any labour dispute or any unforeseen contingency renders it impracticable for the Company to deliver by a quoted time, the Company reserves the right to extend the period for delivery at its option. The Company shall not be liable for any loss or damage arising out of delay in delivery. If expedited or postponed delivery is agreed the Customer shall pay any additional costs thereby incurred [including but not limited to storage and insurance] but on such postponement goods are held at the Customers risk.
[I] Unless otherwise expressly agreed any packaging supplied by the Company is intended to be only sufficient to protect the Goods for all normal conditions of transit and for the normal period of transit only.
 
2. RISK AND TITLE
[1] Risk shall pass to the Customer so that the Customer is responsible for all loss damage or deterioration to the Goods.
[a] If the Company deliver the Goods by its own transport at the time when the Goods or a relevant part thereof arrive at the place of delivery or
[b] In all other circumstances at the time when the Goods or a consignment or other part thereof leave the premises of the Company.
[2] [l] Title of the Goods or any part thereof shall pass to the Customer when payment in full thereof has been made or when the Company serves written notice upon the Customer specifying that the title in the Goods or such part thereof has passed whichever shall be the earlier in time and the Customer shall permit any official employee representative or agent of the Company to enter on to the Customer’s premises and to repossess the Goods at any time prior thereto.
      [ii] The Customer shall only be at liberty to sell the Goods purchased from the Company prior to the passing of title on the understanding that if the Customer does sell the Goods then the Customer will hold on trust for the Company so much of the proceeds of sale received by the Customer under contracts which include any of the Goods either in their original or altered state are necessary to discharge payment in full to the Company.
 
3. CANCELLATION
Cancellation will only be agreed to by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.
 
4. ADVICE
Any advice or information which the Company may offer to Customers or prospective Customers is given to the best of its ability having regard to the relevant factors known to the Company but is given expressly without any liability on its part.
 
5. PRICES
[1] All prices unless otherwise stated are quoted net ex-works exclusive of VAT and are subject to fluctuation in the event of any increases in the cost of labour due to local or national wards on increases in the cost of materials and overheads. Any increase in such costs during the period of production will be added to the quoted price.
[2] In the event of any alteration being required by the Customer in design or specification the Company shall be entitled to make an adjustment of the contract price corresponding to such alteration.
[3] Small orders may be subject to a price surcharge and carriage charge.
 
6. QUANTITIES
Whilst the Company will make every endeavour to deliver the quantity of goods ordered, nevertheless a delivered quantity of 10% more or less than the quantity ordered shall be deemed to be due execution and performance of the Contract the price being increased or reduced pro rata according to any surplus or shortage.
 
7. TERMS OF PAYMENT
[[1] Unless otherwise agreed by the Company in writing the terms of payment shall be net cash monthly account due and payable on the last day of the month following the month in which the Goods were despatched or would have been despatched save for postponement or otherwise than due to default on the part of the Company. The Company shall be entitled to submit its invoice with its delivery advice note or at any time thereafter save that where delivery has been postponed at the request of or by default of the Customer then the Company may submit its invoice at any time after the Goods are ready for delivery or would have been ready in the ordinary course but for the request or default as aforesaid.
[2] Where Goods are delivered by instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Conditions.
[3] No disputes arising under the Contract nor delay beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer.
[4] In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries on any contract or contracts between the Company and the Customer without notice and to charge interest on any amount outstanding at the rate of 4% per annum above the Base Rate of HSBC BANK  in force at the time when payment was due.
8. SHORTAGES AND DEFECTS APPARENT ON INSPECTION
The Customer shall have no claim for shortages or defects apparent on visual inspection unless
[1] The Customer inspects the Goods within three working days of arrival at its premises or other agreed destination and
[ii] a written complaint is made to the Company within fourteen days of receipt of the Goods or such shorter period as the carriers conditions [if applicable ] require specifying the shortage or defect and
[ii] the Company is given an opportunity to inspect the Goods and investigate any complaint before any use is made of the Goods.
If a complaint is not made to the Company as herein provided then the Goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to pay for the same accordingly.
 
9. DEFECTS NOT APPARENT ON INSPECTION
[1] The Customer shall have no claim in respect of defects not apparent on visual inspection at the time of delivery unless
[I] a written complaint is sent to the Company as soon as reasonably practicable after the defect is discovered and no use is made of the Goods thereafter and no alteration is made thereto before the Company is given an opportunity to inspect the Goods in accordance with this Condition and
[ii] the complaint is sent within12 months of the date of   delivery of the Goods or in the case of items not manufactured by the Company within the guarantee period specified by the manufacturer to such item.
[2] The Customer shall not be entitled to any claim in respect of any repairs or alterations undertaken by the Customer without prior specific written consent of the Company nor in respect of any defect arising by reason of fair wear and tear or damage due to misuse.
[3] The Company shall not be liable for loss or damage suffered by reason of use of the Goods after the Customer becomes aware of a defect or after circumstances which should reasonably have indicated to the Customer the existence of a defect.
[4] The Company may within 15 days of receiving such a written complaint [or 28 days where the Goods are situated outside the United Kingdom] inspect the Goods and the Customer if so required by the Company shall take all steps necessary to enable the Company to do so.
 
10. GUARANTEE CONDITION
[1] Save as otherwise provided by the other conditions Sections 12 to 15 of the Sale of Goods Act 1979. are to be implied into this contract.
[2] In the event of the condition of the Goods being such as might or would [subject to these conditions] entitle the Customer to claim damages or to repudiate the contract the Customer shall not then do so
but shall first ask the Company to repair or supply satisfactory substitute Goods and the Company shall thereupon be entitled at its option to repair or take back the defective Goods and to supply satisfactory substitute Goods free of cost and within a reasonable time. If the Company does so repair the Goods or supply satisfactory substitute Goods the Customer shall be bound to accept such repaired or substitute Goods and the Company shall be under no liability in respect of any loss or damage whatsoever arising from the initial delivery of the defective Goods or from the delay before the defective goods are repaired or the substitute Goods are delivered.
 
11. LIABILITY
10 Save where the Company is shown to have failed to exercise reasonable care in the manufacture and supply of the Goods and such failure results in death or personal injury the Company shall not be liable in respect of claims arising by reason of death or personal injury.  Further under no circumstances whatsoever shall the Company be liable for consequential loss (including removal or rectification work required in connection with repaired or substitute Goods) loss of profits or damage to property.
 
12. CUSTOMER’S SPECIFICATIONS
The Customer shall indemnify the Company from and against all actions claims costs and proceedings which arise due to the manufacture of Goods to the drawings or specifications of the Customer where such drawings or specifications are at fault or where it is alleged that they involve an infringement of a Patent copyright Registered Design Copyright or other exclusive right.
 
13. TOOLS
 
Tools shall remain the property of the Company notwithstanding that the Customer may have paid or be liable to pay part of the cost of them.
 
14. INSOLVENCY
 
If the Customer shall become bankrupt or insolvent or compound with creditors or in the event of a resolution being passed or proceedings commenced for the liquidation of the Customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or any part of its assets or undertaking the Company shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to the Company.
 
 
15. FORCE MAJEURE
Neither part shall be under any liability for any delay, loss or damage caused wholly or in part by act of God government restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by reason of any other act matter or anything beyond its reasonable control including failure by the other party to carry out the provisions of these Conditions.
 
16. LEGAL
The contract shall be governed and interpreted exclusively according to the Law of England and shall be subject to the jurisdiction of the English Courts only.  
 

 

 

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