Terms and Conditions
- Formation of Contract
- (a) These terms and conditions shall in all respects be construed and have effect according to English Law and the parties agree to submit to the jurisdiction of the English Courts.
(b) In no circumstances shall the company be liable to the purchaser in damages for any amount in excess of the total amount of the value of the goods supplied by the company to the purchaser.
(c) All goods sold by the company shall be subject to these conditions which may not be altered unless expressly agreed in writing by a person authorised to sign on behalf of the company ("a company signatory"). Any contrary or additional terms whether or not contained in any document of the purchaser are excluded. - Price
- (a) The price of goods is the price ruling at the date of despatch.
(b) The price listed on the website is subject to Value Added Tax and any other Government Taxes. - Payment
- (a) The purchaser shall not be entitled to make any deduction or set off from any sums claimed by the company any amount due or claimed against the company by the purchaser whether under this or any other contract.
(b) The company reserves the right in its absolute discretion at any time to insist upon payment by way of cleared funds for goods before delivery. - Orders
- (a) Where goods are requested by the purchaser under a trade name or description, the company shall not be responsible to the purchaser should the goods prove unsuitable for the purpose for which the purchaser requires the same.
(b) The purchaser must check any drawings, dimensions, sizes, weights and quantities before ordering, the company cannot accept responsibility for any errors or omissions or any consequential loss arising therefrom.
(c) All product images shown on this website are intended for illustrative purposes only. Products may on occasion visually differ slightly from images shown. - Cancellation of Orders
- (a) The company will not accept cancellation of orders or return of any goods ordered once the company has placed orders for the supply or manufacture of goods with its manufacturers or suppliers.
(b) The company will in its absolute discretion consider accepting cancellation of orders for (or the return of) goods that are a normal yard stock item and reserve the right to make a restocking or cancellation charge. - Deliveries
- (a) Any despatch or delivery date or time given by the company to the purchaser is only an estimate, time will not be of the essence of the contract. The company accepts no responsibility for any financial or other loss or damage (whether direct or indirect) if delivery is delayed, nor shall any such delay entitle the purchaser not to accept and pay for the goods when they are delivered.
(b) The risk in the goods shall pass to the purchaser on delivery or collection.
(c) It is the purchasers' responsibility to provide a good level hard standing on site for safe offloading, which will always be at the discretion of the driver.
(d) Delivery vehicles will enter site only at the absolute discretion of the driver and the purchaser will fully indemnify the company for any actual or consequential loss or damage as a result of the vehicle being on site.
(e) It is the purchasers responsibility to provide facilities and labour for the safe off loading of the goods.
(f) Where employees of other contractors working on site accept goods, the goods will be deemed to have been accepted by the purchaser.
(g) No responsibility can be accepted by the company for shortages or damages unless this is indicated by the purchaser at the time of delivery, in writing on the delivery sheet or delivery documents issued by the company.
(h) In the event of any goods supplied by the company providing defective in material or workmanship, the company will, at its option replace or repair such items free of charge which shall be the limit of the companies responsibility, providing that the complaint is made within three days of delivery and subject, where the goods have been used or fixed, to the defects being such that an examination by the purchaser ought to have revealed them before using or fixing.
(i) The company will not be responsible for any consequential losses sustained by the purchaser as a result of any such defects.
(j) Delivery of goods is restricted to mainland England & Wales, and does not currently include addresses in Scotland, Northern Ireland, the Channel Islands or other off-shore addresses. - Retention of Title
- (a) The property in the goods shall not pass to the purchaser and shall remain with the company until the purchaser has paid to the company all monies outstanding to the company, whether under this or any other contract with the company.
(b) Until payment has been made in full, the company shall retain the goods
(c) The goods may be used either on there own or mixed with any other product, and sold by the purchaser at full market price in the normal course of bona fide business. The company shall retain title to the goods supplied to the purchaser and shall assume title to all new composite products formed by mixing of the goods with other products until such time as all monies due to the company have been paid. All monies received by the purchaser from such sale, shall be held by the purchaser in trust for the company, until such a time as all moneys due to the company by the purchaser have been paid as aforesaid.
(d) The purchaser shall, if requested by the company to do so in writing, assign its rights to recover the selling price of the goods from the third parties concerned.
(c) The company retain the right to cancel orders at any given time, prior to delivery. A refund will be given in full.