In these terms and conditions ‘The Company’ shall mean CLAYAX YORKSTONE (YORKSHIRE) LLP and ‘The Purchaser’ shall mean the firm, company, corporation, person or body by whom an order is given to the company.
2. Application of Terms
These terms and conditions shall apply to all quotations and sales of goods by the company and unless agreed in writing shall be the only terms and conditions relating to any contract arising there from. Any other conditions, representations, warranties or descriptions, whether written or oral, express, implied, statutory or otherwise are expressly excluded other than such statutory conditions or warranties may not be capable of exclusion.
Quotations are given in good faith and are based on up to date information at the time. Quotations are open to acceptance within thirty days of despatch by the company. Prices quoted by the company are subject to increase without notice in the event of there being any rise in the market price of the goods after the date of the quotation or order and prior to delivery occasioned by any cause outside the control of the company. We shall be entitled to add to the invoice price and to recover from the purchaser any value added tax or other tax which is in force at the time of execution of the contract or any taxes which may be added thereafter and which shall apply to this contract.
Goods will be invoiced and paid for at the company’s prices current at the date of despatch of the goods, such prices superseding and replacing all previous quotations or other prices unless otherwise specifically agreed in writing. The company will do its best but shall not be bound to inform the purchaser of any such increase.
Any variation and/or modification to a contract to be efficient must be forthwith confirmed by the purchaser and approved by us in writing.
6. Availability of Goods
Any order may be cancelled by the company without notice if the company are prevented from obtaining, purchasing or manufacturing the goods or from delivering the same by reason or force majeure, civil commotion, adverse weather conditions, strike, lock-out, fire, accident, breakdown of plant, machinery or vehicles or any other cause outside the control of the company, and the company will not accept liability for delays, damages, breakages, or any other consequences arising from or contributing to any such matters.
Where materials are delivered in pack form the purchaser shall in accordance with recognised practice and/or manufactures recommendations ensure that several packs are used simultaneously to obtain, as far as possible, an even blend colour and size.
Payment will be made in cleared funds at the same time an order is placed. In the event of non-payment of any amount due form the purchaser the whole balance outstanding on the purchasers account shall become payable forthwith and the company reserves the right to withhold further deliveries until such payment has been effective, cancel any contract with the purchaser without being liable to the purchaser for any loss occasioned or arising there from. The company reserves the right to disallow any discount that may be applicable to the contract entered into by the purchaser and to charge interest on such outstanding accounts at a rate of £25 each month the account is outstanding. When a payment is made by credit card a surcharge of 2.75% will be added to the overall amount.
9. Title of Goods
Ownership of goods shall not pass to the purchaser until payment in full of the same has been made to the company. If the goods concerned remain unsold in the custody of the purchaser they shall belong to the company and be returnable to us on demand. If the goods have already been used and form a building construction or part thereof then it is agreed that ownership of the building construction will pass to the company to the extent of the amount owed. If the building or construction is sold the company’s claim will attach to the proceeds of sale in the same manner as if the company was a secured creditor in respect of the sale proceeds.
a) Quotation (unless otherwise expressed) include the company‘s charge for delivering full lorry loads of goods to the site nominated by the purchaser, such charges being based upon the assumption of unrestricted site access: level stacking space, firm standing, assistance for unloading on site and a maximum unloading time of 1.5 hours. If the purchaser fails to provide the above facilities, the company reserves the right to render an invoice for time wasted. b) Whilst the company will make every effort to deliver goods to such points on a site as may be requested by the purchaser the company do not undertake to deliver to any specific point but merely to the nearest accessible point on good hard road. c) The company will not be liable for any damage done to goods from unloading or handling on site, unless such damage is occasioned by the act or neglect of the company’s agent or servant. d) Although the company will endeavour to comply with the purchaser’s delivery requirements, the company will not be liable for delay in delivery howsoever occasioned and time shall not be deemed to the essence of the contract. e) If there is no proper access, storage space or unloading facilities the company reserves the right to withhold delivery and charge for wasted journey and any surcharges a third party haulier may incur. f) If the company holds goods pending for more than 14 days from receipts of delivery instructions from the purchaser or the purchaser does not accept the goods within the period the company may invoice and are entitled to be paid for such goods as also for the storage time. g) Where goods are collected ex-works by the purchaser or his servants or agent the company’s responsibility ceases when the goods are handled over to the purchaser or his servants or agent. h) The company will not accept any liability whatsoever for any costs, direct or consequential, for re-delivery, delivering elsewhere or for the return of the Goods in any such case where delivery of the Goods is not possible at the time of the attempted delivery due to any restrictions to vehicular access. Assessing site access will be the responsibility of the buyer.
11. Suitability of Goods
The company will accept no liability as to the suitability of the goods for the purpose for which the purchaser may require them.
Samples submitted by the company are an indication of texture, colour and general appearance only. Bulk suppliers cannot be guaranteed to correspond in every respect. Any reference is a quotation to British Standards. Technical data or other specifications are intended as a guide only, and if the purchaser wishes to rely on any such matter as a term of contract the same must be in writing by him and agrees to in writing be the company prior to or at the time or entering into any such contract.
13. Quality of Goods
The company warrants that the goods shall be of sound materials and workmanship, and in the event of a defect in the goods being notified to the company in writing within 7 days of the date of delivery, in respect of which notification time shall be of essence, and the company being satisfied that the defect is the result of unsound materials or workmanship the company will at its own cost replace the goods delivered with goods of sound materials and workmanship or otherwise reach an agreed settlement with the purchaser. In the event of the goods being delivered note those ordered by the purchaser and of the purchaser notifying the company thereof in writing within 7 days of delivery, in respect of which notification time shall be of essence, the company will at its own cost and speedily as practicable replace the said goods with a like quality of goods of the nature ordered by the purchaser. Save as foresaid the company shall not be liable in contract or howsoever otherwise in respect of any loss or damage suffered by the purchaser as a result of any defect in the goods supplied. Whilst every effort will be made to avoid variation of shades and sizes in goods delivered, the company neither guarantee not warranty that such variations will nor occur or that they will conform to sample, either in quality or colour.
a) Any claim for alleged faults or short delivery must be notified by the purchaser in writing to the company within 7 days of the date of delivery, time to be of the essence. b) The company shall have the right to require the purchaser to return such goods to the company at the purchaser’s cost for examination. c) The liability for the company shall be restricted to replacing any goods found to be faulty or at their option to refund to the purchaser only that part of the contract price relating to such faulty goods. d) All liability for direct or consequential loss whether from delay in dispatch, delivery, failure of goods to meet specifications or performance, defects in manufacture or otherwise hereby expressly excluded. I. Loss or damage in transit in the purchaser’s own transport or on site. II. Force majeure, act of God matters beyond company’s control III. Where goods have been improperly used, stored or protected. IV. Where goods are not suitable for the purpose to which the purchaser has or wishes to put the same
Any contract entered into between the purchaser and the company shall be non-assignable.
Contracts with and others placed with the company may only be cancelled with the company’s prior written consent. In cases where the company has been required to pay a deposit to a manufacturer or supplier in respect of the purchasers order the company may require reimbursement of such sum from the purchaser as a condition of consenting to cancellation. In every case where the company consents to cancellation the company at its absolute discretion see fit, suffered by the company as a result of such cancellation
Every contract to which these terms and conditions apply shall be constructed on accordance with English Law and any dispute shall be submitted to the jurisdiction of the English Courts.
Errors and omissions excepted.