Terms & Conditions
1. Save for any variation permitted by this clause all the terms of the contract between “the Customer” and “the Company” ‘’The Contract’’ for the supply of goods ‘’the Goods’’ arising from the document shall govern “the Contract” to the exclusion of any other terms and conditions and no variation to the terms and conditions in this document shall be binding unless agreed in writing between “the Company” and “the Customer”.
2. Any dates quoted for delivery of “ the Goods” are approximate only and “the Company” shall not be liable for any delay in delivery of “the Goods” howsoever caused. Time for delivery shall not be of the essence. “The Goods” may be delivered by “the Company” in advance of the quoted date upon giving reasonable notice to “the Customer”.
3. In the event of payment from “the Customer” being dishonoured or cancelled, “the Company” reserve the right to make an appropriate charge. Payment is not deemed to be received until the funds have been cleared. “The Goods” cannot be dispatched until payment has cleared. Time of payment shall be of the essence of “the Contract.”
4. Without prejudice to any other rights of “the Company” if “the Customer” dishonours or withdraws payment of an invoice “the Customer” shall pay interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgement) on a daily basis at the rate of 4% p.a. over the prevailing base rate of the National Westminster Bank PLC, and shall reimburse to “the Company” all costs and expenses (including legal costs) incurred in the collection of any overdue amount and “the Company” shall be entitled to cease or suspend work on all or any other contracts which it has with “the Customer”.
5. “The Company” shall have no liability to “the Customer” (other than liability for death or personal injury resulting from “the Company’s” negligence) in respect of any defect (whether latent or patent) in respect of all or any of “the Goods” nor for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of “the Contract” or any negligence of statutory or other duty on the part of “the Company” or in any other way out of or in connection with the performance or purported performance of or failure to perform “the Contract” except in accordance with this term.
6. Under no circumstances shall “the Company” be liable for any claim made by “the Customer” for consequential or economic loss or damage.
7. Until such time as “the Customer” shall have paid to “the Company” all Monies due, and in the event of a dishonoured or withdrawn payment:- “The Customer” acknowledges that he is in possession of the goods solely as bailee for “ the Company” and if so required shall store the goods separately from his own goods and in such a fashion as to be readily identifiable by “the Company”.