Conditions of Sale
Standard Terms and Conditions
1. In these Conditions:
The “Company” shall mean Sandingshed (G.B.). The “Customer” shall mean the other contracting party.
The “Products” shall include all goods and services by the Company.
(a) The prices quoted are strictly net and are for delivery to site on the mainland of the United Kingdom or F.O.B. U.K. Port for any other destination.
(b) Prices are based on current costs and are subject to increase to the extent of any subsequent variation in costs resulting from alterations in exchange rates, new or increased taxes, duties or other imports, or in costs of or relating to the manufacturing or delivery of the products.
(c) All prices are exclusive of VAT, which will be charged at the current rate at the time of delivery.
(a) Payment shall be net cash not later than end of month following date of invoice.
(b) The Company reserves the right to charge interest at the rate of 2% per annum above the base rate of Barclays Bank Limited from timeto time ruling on any sums from time to time payable to the Company in accordance with the provisions of 4 (i).
(c) If at any time any invoices are overdue under (a) above then all unpaid invoices issued by the company to the customer whether due or not under (a) above shall become immediately due and payable.
All times specified to the Customer for delivery of the Products are estimates only and the Company shall not be liable for delay or for any damage or inconvenience sustained by the Customer as a result of such times not being met, nor shall any such delay excuse non-acceptance of the Products by the Customer when tendered. Delivery may at any time be withheld pending payment of any sum due from the Customer to the Company under any contact. Where the price includes delivery to site on the mainland of the United Kingdom, the Company will at its option either repair or credit Products lost or damaged in transit to such site provided that the Customer notifies both the carriers and the Company in writing of such loss or damage within 3 days of the time or estimated time of delivery. Unless Products are checked on receipt the carriers documentation should be endorsed “unexamined”. In the event of the non-delivery of the whole consignment the Customer must notify the Company within 10 days of date of despatch. Failing such notification the Customer shall be liable for the value of the consignment in the event that the carrier will not accept any claims outside their stipulated period. If the Customer does not accept delivery of a consignment of Products then
(i) the Company shall be entitled to claim payment in accordance with Clause 3 above for the products refused;
(ii) the Products refused shall be in all respects at the Customer’s risk;
(iii) the cost of storing the Products refused shall be borne by the Customer.
If the Customer does not accept delivery of a consignment of Products then without prejudice to any right on the Company’s part to damages or payment in respect thereof the Company shall be entitled within seven days of such failure to cancel any further consignments under the Contract. The unloading of all Products delivered by the Company shall be promptly performed by the Customer at the Customer’s own risk and expense. The Company warrants that (subject to the other provisions of these Conditions) upon delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1994 and be reasonably fit for any particular purpose for which the Goods are being bought only if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Company in determining the fitness of the Goods for the particular purpose or purposes. If the Buyer combines or mixes any or all of the Goods to form a new unit, the Buyer shall have sole responsibility for the new unit created unless the Company has confirmed to the Buyer in writing the suitability of the Goods for the application in the new unit.
(a) The Products shall remain the sole property of the Company until the Company has received payment therefore in full, provided that until the Company becomes entitled to determine the contract pursuant to Condition 10 the Customer shall be entitled to sell or otherwise dispose of the Products but only for his own account and not as agent for the Company.
(b) The risk of loss or damage to the products shall, subject to Condition 4, pass to the Customer on despatch from the works of the Company.
(a) The Customer acknowledges that his order is not place with the Company and that he has not entered into any contract with the Company in reliance on any representation made by the Company or on its behalf save only such representation (if any) as has been notified in writing to the Company as being a representation on which reliance is placed.
(b) All specifications, drawings and particulars of weights and dimensions are subject to variation and the descriptions and illustrations contained in the Company’s catalogues, price lists and other advertising matter are intended to present a general idea of the equipment described therein, and none of these shall form part of the contract.
The Company will at its sole discretion either repair free of charge or credit any Product which is found to the satisfaction of the Company to be defective as a result of faulty design, manufacture or workmanship provided that:
(a) the Products are returned properly packed carriage paid to the Company at the Customer’s risks within a period of 1 month from the date of delivery and
(b) where the products are made to Customer’s specification, defects are not a result of errors in such specification.
(c) the Products have not been modified in any way by the Customer and
(d) the Products have not been used for any purpose other than that for which they were designed or otherwise mis-used.
Repaired or replaced goods will be returned free of charge to destinations on the mainland of the United Kingdom or delivered F.O.B., UK, Port for other destinations.
Credit notes for a value of less than £30.00 will be not issued to any customer where the reason for the credit raised is ‘Customer Error’.
If any credit note is raised due to an error of any kind being made by Sandingshed (G.B.) the full and correct amount will be paid and credited to the customer.
The Company’s liability in terms of these Conditions is in lieu and to the exclusion of all other warranties, conditions or obligations express or implied whether statutory or otherwise in relation to the quality or description of the products of their fitness for any particular purpose or in relation to sales by sample.
The Company’s liability (however arising and including any liability for any indirect or consequential loss) shall not under any circumstance exceed the price payable to the Company for the Products hereunder The above restrictions are necessary to enable the products to be sold at the price specified in this agreement.
The Customer shall indemnify the Company against all claims for personal injury, loss or damage to property brought against the Company by third parties in respect of the Products unless such injury loss or damage is solely attributable to the negligence of the Company, its employees or agents.
If the Customer makes default in or commits any breach of any of the Customer’s obligations or if any distress or execution is levied upon the Customer, the Customer’s property or assets or if the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against the Customer, or if the Customer is a limited company and any resolution or petition to wind up such company is passed or presented (otherwise than for reconstruction or amalgamation) or if a receiver of such company’s undertaking property or assets or any part thereof is appointed, the Company shall (without prejudice to any claim or right it might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
11 Force Majeure
The Company will make every effort to carry out the terms of any contract entered into, but if suchperformance is not reasonably possible by reason of any cause whatsoever beyond the reasonable control of the Company and in particular but without prejudice to the generality of the foregoing acts of God, war (whether declared or not), sabotage, riot, explosion, governmental control, restriction or prohibition, or any other governmental act or omission where local or national, fire, accident, earthquake, storm, flood, epidemic, drought, or other natural catastrophes, inability to obtain or shortage of equipment, suitable raw materials, components, fuel, power, or transportation, disputes with workmen, strikes or lockouts, or shortage of labour, the Company reserves the right to modify the terms of or cancel such contract without subsequent liability for loss or damage so caused.
These Conditions form an integral part of any contract or agreement for the supply of Products by the Company. Such conditions may only be varied or alternative conditions accepted with the Company’s express written agreement. In the absence of the Company’s written agreement other terms or Conditions appearing on any order form or other document issued by the Customer shall only take effect to the extent that such terms and conditions are not inconsistent with the provisions of these Conditions.
Any notice given hereunder by post, fax or email to the recipient at its registered or principal office shall be deemed to have been properly served at the time when in the ordinary course of transmission it would reach its destination.
14. Governing Law
These Conditions an any order placed under them shall be governed, construed and shall take effect in accordance with the laws of England.
Orders below £30.00 inc. VAT will be subject to carriage charge. All prices exclude Value Added Tax and are subject to change without notice. For order quantities lower than the outer carton unit, different pricing may apply.