TERMS AND CONDITIONS OF SALE

1. GENERAL

  1. (i)  These conditions of sale apply to all quotations issued by us and to any contract arising there from and no variation, waiver or addition thereto shall be binding unless expressly accepted by us in writing. Any condition in a purchaser’s order form or in any other document of the Purchaser shall be of no effect and shall be excluded and shall not bind us in any way unless expressly accepted by us in writing as aforementioned.
  2. (ii)  Any modification and/or variation to a contract must be forthwith confirmed by the Purchaser in writing and approved by us in writing. The Purchaser’s confirmation must show (where applicable) and refer specifically to any agreed variation in price and the effect on the delivery period and the proposed modification and/or variation.
  3. (iii)  All liability for consequential loss whether arising from delay in despatch, delivery, failure of goods to meet specification or performance, defects in manufacture or otherwise is hereby expressly excluded.
  4. (iv)  There shall be added to the price for the goods any Value Added Tax and any other Tax or Duty relating to the manufacture, transportation, sale or delivery of the goods which is in force at the time of execution of the contract or which may be added after the execution thereof and which shall apply to the contract.
  5. (v)  Where materials are delivered in pack from the Purchaser shall in accordance with organised practice ensure that several packs are worked simultaneously to obtain, as far as possible, an even blend of colour and size.

2. DELIVERY QUOTATIONS

(i) Unless previously withdrawn quotations are open for acceptance for a period of 60 days only from the date of issue. Orders are subject to written confirmation with Official Order Number of the Purchasee before acceptance and to the Purchaser’s credit being approved.

(ii) Quotations for the supply only of security panels do not include any fixing materials or jointing or sealing materials and do not include for drilling the panels for fixing unless otherwise specified in writing.

(iii) Quotations are based upon details available at the time of quoting as supplied by the Purchaser, and may be subject to amendment when final working details are provided.

(iv) Unless otherwise stated our quotations are for full lorry loads and allow for one hour unloading time. And additional unloading time will be charged for at the current rates then appertaining.

3. DELIVERY

(i) Unless otherwise agreed the Purchaser is responsible for providing the labour necessary to unload the vehicle and no responsibility is accepted by us for any damage of goods caused during unloading or handling on site.

(ii) Every endeavour will be made by us to deliver goods to such points on a site as may be requested by the Purchaser. However, no undertaking is given to deliver to any specific point but merely to the nearest accessible point on a properly formed hard road.

  1. (iii)  Should there be no means of gaining access to a site or no suitable place for off-loading, or if the Purchaser fails to provide labour for off-loading, we reserve the right to withhold delivery and to charge for wasted journeys.
  2. (iv)  Subject to the foregoing sub-clauses of this clause delivery shall be effected immediately the goods arrive at the Purchaser‘s premises on site.
  3. (v)  If the Purchaser fails to arrange and accept delivery of the goods within fourteen days of notification that the goods are ready for despatch we reserve the right to invoice the goods to the Purchaser and charge him in respect of same. In that event the Purchaser shall also be liable for payment of our reasonable storage charges until the goods are either despatched to the Purchaser or are otherwise disposed of.
  4. (vi)  If requested to despatch goods on a given date we shall use our best endeavour to do so, but time shall not be of the essence of the contract and such date shall be intended as an estimate only.
  5. (vii)  If we unable to deliver goods in accordance with our obligations under the contract from any cause whatsoever beyond our control including, but without prejudice for the foregoing generality, war, hostilities ( whether declared or not) riot, civil commotion, strikes, lock-outs, labour disputes, epidemics, fire, accident, breakdown, defective materials, or lack of supplies of raw materials we shall be entitled to wholly or partially suspend delivery of goods to the Purchaser upon giving reasonable notice to him. In that event the Purchaser shall be entitled to procure at his own risk and cost similar

the goods shall remain vested in us until the price thereof has been paid in full together with any interest and all other sums due in respect thereof from the Purchaser in accordance with the contract. Alternatively, if the Purchaser shall have passed the goods to a third party we shall be entitled to recover from that third party our good (either in full or in part) in whatever state or form the same may be.

(iv) Where credit terms are granted, accounts are payable not later than the last day of the month following the month of delivery. We serve the right to grant, refuse, restrict or cancel such credit terms at our sole discretion.

5. WARRANTY

(i) The Purchaser must accept full responsibility for the suitability to the purpose for which they are put to the goods ordered. No warranty of any kind is given with the goods, nor is any warranty or condition statutory or otherwise to be implied that the goods correspond with any sample submitted by or conform to any test carried out by us. No claim by the Purchaser on any ground other than alleged defective workmanship or materials will be considered, but in the event of the Purchaser giving written notice to our Head Office within three days of the receipt of the goods that the goods are defective in workmanship or materials, we are prepared to examine the goods. If upon such examination, in our opinion, the goods are defective in workmanship and/or materials then we are prepared to make an allowance in respect of such goods, such allowances not to exceed the price of the goods found to be defective.

(ii) Whist every effort will be made to avoid variations of shades and sizes in goods delivered we do not warrant such variations will not occur or that they will conform to sample, either in quality or colour. We do not guarantee that where panels are ordered of the same colour that they will match absolutely. There might be slight variation for reasons outwith our control.

(iii) Unless otherwise stated all materials are sold as being within the relevant British Standards or other appropriate Standard for manufacture.

6. COLLECTION BY PURCHASER

Where goods are collected from us, either by the Purchaser’s own transport or by a carrier employed by him, our responsibility for said goods ceases when the goods are uplifted.

7. DESPATCH BY RAIL

Where goods are despatch by rail, damage in transit must be notified to us within three days of receipt of the goods and full written details of the damage intimated to us in writing within five days of receipt. The Railway Executive at the Purchaser’s delivery station must be notified within three days otherwise no claim will be entertained by us.

8. PURCHASER’S SPECIFICATION

(i) We are entitled to assume that all drawings, descriptions, specifications and other information supplied by the Purchaser to us, whether written or verbal, are in all respects complete, accurate and entirely suitable for the Purchaser’s requirements.

(ii) Unless otherwise expressly agreed in writing, we shall have no responsibility for the performance, suitability or durability of any goods of any materials or workmanship comprised therein to the extent that the same is manufactured in accordance with the Purchaser’s designs, drawings, standards of specifications.

9. CONFIDENTIALITY/PATENTS ETC.

Any drawings, specifications or other technical information supplied by us to the Purchaser in connection with the contract are provided on the express understanding that the Purchaser will not give, loan, exhibit or sell such drawings, specifications or technical information to any third party and that the Purchaser will not use them in any way except in connection with the goods and services provided hereunder. The copyright on all documents provided by us will remain invested in us.

10. RENTAL AGREEMENTS

Where goods are taken on rental by the Purchaser, the following conditions shall apply:-

(i) In “Supply Only” contracts, the risk in the goods shall pass to the Purchaser when the goods are delivered at the destination specified in an order;

(ii) In “Supply and Fit” contracts, the risk in the goods shall pass to the Purchaser when the goods have been installed at the destination specified in an order;

(iii) Not withstanding the provisions of sub-clauses (i) and (ii) of this clause, the absolute property in and title to the goods shall remain vested in us, and the Purchaser shall keep the goods as trustee for us ( returning the same to us upon request) for the duration of the rental period; No liability will attach to us in respect of (a) any breach of the property in respect of which said goods are installed or any consequential loss arising from said breach; or (b) any injury or loss sustained as a result of the installation, maintenance and/or removal of the said goods.

(iv) At the end of the rental period, howsoever terminated, within 3 days of termination, the Purchaser shall in “Supply Only” contracts, remove the goods from the property in which they are installed and allow us to uplift same from the Purchasers forthwith. In “Supply and Fit” contracts, at the termination of the rental period, we shall be afforded access to the property in which the goods are installed to enable us to remove the goods forthwith;

(v) In the event of damage being caused to the goods during the rental period (howsoever caused), the Purchaser shall be liable for the cost of replacing damaged goods (at list price) including installation costs where the property is to be resecured.

(vi) In the event of the goods being unavailable for uplift by us at the end of the rental period (however terminated) the Purchaser shall be liable for the cost of the missing goods (at list price).

goods elsewhere. In the event of partial suspension goods already delivered at the full contract rate.

4. PAYMENT

the Purchaser shall pay for the

TERMS AND CONDITIONS OF SALE

(i) Unless otherwise agreed in writing as aforementioned, payment for the goods is due, in full, 30 days from the date of invoice.

(ii) In the event of non-payment of any account, as and when it falls due, whether such non-payment relates to the order referred to on the reverse side of this document or to any other contract entered into by the Purchaser with us, the entire balances outstanding upon the Purchaser’s various accounts with us (including amounts due for goods supplied but not then invoiced) will become immediately due and payable. Further more we have the right to stop further deliveries on this or any other contract with the Purchaser without being held responsible for any consequential or other loss. We also reserve the right to charge interest on such outstanding accounts at the statutory interest rate.

(iii) The risk of the goods shall pass to the Purchaser when the goods are delivered at the destination specified in an order, not withstanding this, absolute property in and title to