Terms and Conditions
1. TERMS AND CONDITIONS
A. ‘BUYER’ means the person ordering and or buying Goods from the Company.
B. ‘COMPANY’ means Swale Shutter and Door Services Limited, Wises Oast, Wises Lane, Borden, Sittingbourne, Kent, ME9 8LR.
C. ‘GOODS’ means materials, manufactured items and services.
D. Headings are for reference only and shall not affect construction.
A. No change to these Terms and Conditions shall be binding unless previously agreed in writing by the Company.
B. Acceptance of orders from the Buyer shall be subject to the Company obtaining a satisfactory credit reference. The Company in relation to certain Buyers may waive this requirement.
A. The price of the Goods shall be the price stated by the Company.
B. Prices are not inclusive of Value Added Tax, which is shown separately on the invoice.
C. The Company reserves the right by written notice given at any time before delivery to vary the price of the Goods, where there is an increase of the price of the Goods to the Company by reason of any circumstance outside the control of the Company (such as, without limitation, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery date, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate information or instruction.
4. Invoicing and Payment
A. The Company shall invoice the Buyer for the Goods after delivery of the Goods. Payment shall be made in full on presentation of the invoice or in accordance with any terms stated on the invoice.
B. The Buyer may not claim or deduct any amount by way of a discount unless this has been agreed in writing by the Company prior to the delivery of the Goods.
C. The Buyer may not withhold any part of the price of the Goods in respect of Retention unless such amount has been expressly agreed in writing by the Company prior to the Buyer placing an order for Goods or the Company accepting an order from the Buyer.
D. If any sums become overdue the Company may without prejudice to any other right or remedy available to it pass the overdue account to their nominated collection agency to collect the outstanding debt on behalf of the Company and the Buyer shall be liable for all additional costs and charges incurred.
E. Without prejudice to any right or remedy available to it the Company may at its discretion and pursuant to the late payment of Commercial Debts (Interest) Act 1998 charge interest at 8% above the Bank of England base rate on any sum not paid on the due date and such interest shall accrue from day to day.
F. The Buyer shall not be entitled to withhold payment in whole or in part on the ground that it has a claim, counterclaim or otherwise against the Company.
A. Delivery of the Goods shall be made by the Buyer collecting the Goods at the premises of the Company at any time the Company has notified the Buyer that the Goods are ready for collection or if some other place of delivery is agreed by the Company, by the Company delivering the Goods to that place.
B. Any dates quoted for the delivery of the Goods are approximate only and the Company shall not be liable for any late delivery of the Goods howsoever caused. Time for delivery shall not be in essence of the Contract unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of a quoted delivery date on giving reasonable notice to the Buyer.
C. If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by the reason of any cause beyond the Buyer’s reasonable control or by reason of the Company’s fault) then without limiting any other right or remedy available to the Company, the Company may
i. Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or
ii. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over price or charge the Buyer for any shortfall below the price.
6. Risk and Property
A. Risk of damage to and or loss of the Goods shall pass to the Buyer
i. In the case of Goods to be delivered at the Company’s premises, at the time when the Company notifies the Buyer that the Goods are available for collection or
ii. in the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company tendered delivery of the Goods.
B. Notwithstanding delivery and the parting of risk in the Goods the property in the Goods shall not pass to the Buyer until the Company has received in cash or cleared funds in full the price of the Goods agreed to be sold by the Company for which payment is then due and Conditions the Company may replace the Goods (or part in question) free of charge or at the sole discretion of the Company refund to the Buyer the price of the Goods (or a proportionate part of the price) in which case the Company shall have no further liability to the Buyer.
C. Except in respect of death or personal injury caused by the Company’s negligence or liability for defective products under the Consumer Protection Act 1987 the Company will not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty of common law or under these Terms and Conditions and conditions for sale, for loss of profit, for any indirect, special or consequential loss or damage, cost expenses or other claims for compensation whatsoever from (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the entire liability of the Company under or in connection with these Terms and Conditions shall not exceed the price of the Goods, except as expressly provided in these Terms and Conditions.
D. The Company shall not be liable to the Buyer by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods, if its delay or failure was due to any cause beyond the Company’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control - Act of God, explosion, flood, tempest, fire or accident, war, or threat of war, sabotage, insurrection, civil disturbance or requisitions acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, difficulties in obtaining raw materials, labour, fuel, parts or machinery power failure, breakdown in machinery.
No failure or delay by the Company in exercising any right under these Terms and Conditions shall constitute a waiver thereof or reduce the rights the Company has under these Terms and Conditions.
8. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with English Law.