Standard Conditions of Sale
1. (a) All sales shall be deemed to be made between Buyer and Seller upon the terms of these Conditions of Sale. In the event of any conflict between these Conditions, and any items or conditions put forward by the Buyer, these Conditions shall prevail.
(b) No person has authority to make any representation of the Seller’s behalf, which is not made or confirmed in writing and the Buyer shall not rely upon any representation unless made or confirmed in writing.
2. The property in the goods shall not pass to the Buyer until the Buyer has paid to the Seller the whole price thereof, and the whole price of any other out-standing sale. If notwithstanding that the property in the goods has not passed to the Buyer, the Buyer shall sell the goods in such manner as to pass to a third party a valid title to the goods, the Buyer shall hold the proceeds of such sale on trust for the Seller. The Buyer agrees that, prior to the payment of the whole price of the goods, the Seller may, at any time, enter upon the Buyer’s premises and remove the goods there from and that the prior to such a payment the Buyer shall keep the goods separate and identifiable for this purpose. Nothing herein shall constitute the Buyer the Agent of the Seller for the purposes of any such sub-sale. Notwithstanding that the property in the goods shall not pass to the Buyer save as provided above, the goods shall be at the risk of the Buyer from the time of collection by or delivery to him of the goods.
Goods are not sold (or tested) as conforming to any British Standard Specification or as fit for any particular purpose, unless expressly so stated in writing, and any term condition or Warranty that the goods are so fit is excluded.
The Seller’s standard payment terms are that all payments shall be made in full within thirty days for the date of the invoice, and unless some other terms have been specifically advised, then this clause shall be applied to determine the dates on which an item becomes “overdue”, from which time interest at the rate of 2% per month shall be payable.
Notice of any claim arising out of or in connection with this sale must be given in writing to the Seller within ten days from the date when the goods are collected or delivered, failing which all claims shall be deemed to be waived and absolutely barred.
Pre-finished doors and windows must be inspected on collection by Buyer or on delivery by Seller as no responsibility can be accepted thereafter for any scores or scratches.
The Seller’s sole and exclusive liability is to replace free-of-charge any of his own material or workmanship proving defective at the place of delivery.=, and in the condition originally specified if he is called upon to do so in writing within a period of not more than twelve months from delivery. Replaced defective parts become his property. No warranty or condition expressed or implied, statutory or otherwise, is given or credited by him. The Vendor is not responsible in any event for defects resulting from accidents, faulty installation, or causes arising out-with the apparatus supplied, nor in cases where this material is subjected to working conditions for which it has not been supplied. Moreover his liability in respect of, or consequent upon, any such defects, whether in original or replaced material or workmanship, is limited to replacement only and does not extend to other expenditure, loss or damage incurred by the Buyer or to any loss of profit, cost of replacement elsewhere, or expense or any other loss or damage whatsoever consequential or otherwise, suffered or incurred by the Buyer.
Orders can only be terminated in whole or part by the Buyer after agreement with the Vendor and upon payment of reasonable charges based upon expenses incurred by the Vendor at time of termination and shall not be less than 20% of the contract price.