Acceptance of order
These conditions shall form part of every contract of sale of goods entered into by the Seller and no alteration shall be effective unless in witting, signed by an authorised officer of the Seller and referring to these conditions.
The placing of an order by the Buyer, whether or not based upon quotation, shall not be binding on the Seller, unless accepted by it in writing.
No representations or undertakings made or given on the Seller’s behalf prior to contract shall be binding on the Seller, unless incorporated expressly in writing in the contract.
Goods offered by the Buyer which are out of stock will be placed on backorder unless the Buyer shall specify Ex-stock or Cancel in its order.
The Seller shall have no obligation to accept the return of goods which shall be surplus to the Buyer’s requirements or ordered in error. Any decision by the Seller to accept the return of goods for credit shall not affect the Buyer’s obligation to pay the price thereof on the due date for payment and such credit shall not exceed 90% of the price of the goods and shall be conditional upon the goods and packaging being returned without any damage or marking within 30 days of the Seller’s invoice.
If the Buyer shall require any change in the terms or arrangements for the performance of the contact it shall inform the Seller promptly and shall not implement any change without its consent. The Seller shall be under no obligation to acknowledge receipt of an order from the Buyer. No binding contract is created until an order is accepted by the Seller
All specification, drawings and data contained in the Seller’s catalogues or otherwise supplied by the Seller are approximate only unless otherwise stated in writing.
The Seller reserves the right without prior notice to effect modifications and design changes and to discontinue manufacture of any goods as part of a continuous programme product development.
The Buyer shall be responsible for determining whether the goods ordered are suitable and sufficient for this purpose.
The Seller shall have no liability for the failure of the goods to perform in accordance with specification when such failure shall be caused by their operation in conditions which shall be unsuitable unless the Buyer shall have stated in its order that such conditions would apply and the
Seller have accepted such stipulation in writing.
Prices quoted by the Seller are based upon its prices ruling at the date of quotation and the Seller reserves the right to adjust its prices at the time of acceptance of order to reflect any increase in the cost of supplying the goods or the publication of a newprice list occurring after quotation.
Unless otherwise stated in writing prices quoted by the Seller are exclusive of the cost of packaging and delivery and VAT.
The Buyer shall not be entitled to make any deduction from the price by way of setoff or counterclaim.
Payment shall be made before delivery, unless agreed credit terms.
Monthly Credit Account terms are full payment by last working day of the month following invoice date.
Payment made by the means of a cheque, bill or documentary credit shall be deemed to be effected when honoured and all costs of discounting and enchasing shall be borne by the Buyer.
Time for payment shall be of the essence of the contract.
In the event of delay in payment the Seller shall be entitled to charge interest at 4% per annum above Lloyds Bank plc base rate, without prejudice to its other rights.
During any such period of default and at any time when the Seller shall have reasonable grounds fordoubting that any payment by the Buyer will be made on the due date, the Seller shall be entitled to suspend work and withhold deliveries, without prejudice to its right to payment for goods delivered and work done and expenses incurred in connection with undelivered goods which shall becomeimmediately due and payable.
If such default or other circumstances shall continue for a period of 14 days, the Seller shall be entitled to terminate the contract by written notice to the Buyer, without prejudice to its other rights.
The granting by the Seller to the Buyer of time or other indulgence shall not prejudice or constitute a waiver of the Seller’s rights under paragraphs 6.5. and 6.6.
The Seller shall have a general lien over any goods of the Buyer in its possession for all money due to it from the Buyer. If any lien is not satisfied within 14 days of such money becoming due, the Seller may sell the goods as agent for the Buyer and apply the proceeds, after deducting the expenses of sale, towards the monies due and the balance (if any) shall be paid to the Buyer