Conditions of Sale
In the following conditions of sale, reference to ‘the company’ shall mean UPVC Maintenance Limited.
1.1 These conditions alone shall govern and be incorporated in every contract by the company to any customer.
1.2 No addition to or cancellation, variation, qualification or waiver of any or all of these conditions shall have any whatsoever, legal or otherwise whether acted upon by the customer in any way or not) unless it has previously been so agreed by the company and confirmed in writing by an officer of the company.
2.1 Unless it is expressly stated in writing in condition 2.1 is not to apply, all the prices be those ruling at the date of despatch, and all prices shown in the company’s current price list shall be subject to alteration, without prior notice.
2.2 The full purchase price together with any V.A.T duty and carriage charge shall be paid by the customer unless otherwise confirmed in writing by an officer of the company.
3.1 New customers requiring credit facilities must complete an account application form, and accept pro-forma invoices until a credit account has been established. Only customers spending a minimum of £500.00 per month will be offered credit facilities.
3.2 Payment by account holders for goods received shall be made in full to the company within 30 days from the end of the month in which goods are invoiced. Any late payment will incur interest at the rate of 8% above the Bank of Scotland base rate
4.1 Delivery times are estimated only and while the company will endeavor to adhere to them it shall not be bound. The Company shall not be liable for damages or otherwise or any delay howsoever occasioned or for loss or injury arising from such delay.
5.1 All orders over £500 net value will be delivered ‘carriage paid’ to all parts of the UK mainland with he exception of large single parcels over 25kg, that require a two-man lift or light-weight parcels which will be charged on their volumetric weight.
5.2 Customers requiring delivery by special means shall be charged at the full cost of such special means.
6.1 Where the price includes delivery other than ex works we will repair or at our option replace free of charge within reasonable time all goods lost or damaged in transit, provided we are given written notice of such loss or damage within 48 hours of receipt, all deliveries must be inspected and any signs of damage to goods or packaging should be noted on the drivers receipt.
7.1 If any defects shall appear in any part of any goods supplied by the company and which the company, shall not have manufactured, the customer shall be entitled to receive from the company only those benefits received by the company under any contract between it and the manufacturer or supplier of the parts in question. The company’s obligation shall accordingly be strictly limited in this respect.
7.2 Any defects which under proper use appear in goods within a period of twelve months after delivery and are due to faulty materials, workmanship or design shall be made good by the company either by repair or at our option by replacement, provided we are notified in writing as soon as reasonably practicable after such defects appear and the goods or the defective parts thereof are returned to us where this is not practicable are made available for inspection by us. The company will have no other liability in respects of such defective goods. The cost of carriage of the returned goods or parts shall not be refunded by us and the repaired or replaced parts will be delivered by us free of charge. Save in the case or transaction the subject of the provisions of the Consumers Protection (Restrictions on Statements) order 1976 as amended by the Consumer Transactions (Restrictions on Statements) (Amendment) order 1978 and subject to any other statutory provision which render this exclusion and limitation ineffective. The company liability under this condition shall be in lieu of any obligation implied by law as to the quality or fitness for any purpose of the goods and save as provided in this condition the company shall be under no liability, weather in contract, tort or otherwise, in respect of any defects in the goods or for any injury, loss or damage resulting from such defects from any work done n the connection herewith.
7.3 Without prejudice to the generality of the exclusion the company will not in any circumstances be liable (in contract, tort or otherwise) or any consequential loss or damage.
7.4 Nothing in these conditions shall exclude or limit the company’s for death or personal injury caused by its negligence or the negligence of any for whom it is vicariously liable.
8.1 The company reserves he right to refuse to take back any goods which it deems to have supplied correctly in line with the customers instructions. If the company agrees to any goods return this will be subject to a 20% restocking charge and any carriage charge will not be refunded.
8.2 Any goods returned which are not in resalable condition will not be accepted.
9.1 Special order items will require payment in full before ordering by the company.
9.2 Special order items are not returnable with exception of terms of clause7.
10. TOLERANCE
10.1 Where goods are supplied as complete coils, reels or roll the anticipated length per unit item is given for reference only and does not constitute an accurate measurement.
10.2 Whilst every effort is taken to maintain dimensional continuity all sizes are nominal and for customers guidance only.
11.1 If the customer enters into any voluntary arrangements with or compound with the customers creditors or receiving order is made against the customer or an order is made or resolution passed or the customers winding up, administration receiver (of any kind) is appointed over all or any of the customers assets we may (without prejudice to any other rights or remedies available to use) stop any goods in transit to the customer including any goods at your premises or elsewhere) and suspend further deliveries of goods until payment for such goods shall have been assured to our satisfaction.
11.2 Not withstanding that all risk in any goods supplied shall have passed to the customer in delivery or ex-works is collected by the customer the title of such goods shall not pass until payment has been made for them in full and for this purpose payment shall not be treated as having been paid until all cheques, bills or other instruments of payment given to us shall have been met or honoured in accordance with their terms.
11.3 Until payment has been made for them you shall if so required store mark or designate all goods supplied so as clearly to show that they are our property.
11.4 If the customer shall default in the punctual payment for any goods supplied or in any of the events mentioned in 11.1 above shall be entitled forthwith to repossess any goods which remain our property and the customer shall for that purpose afford us access to and we shall be entitled to enter any premises in your occupation or to which the customer has access and where the goods may then be situated
11.5 The customer shall not pledge or allow any lien or charge to arise over any goods supplied or the documents of title hereto and shall not deal with them otherwise than in the ordinary course of the customers business.
11.6 In the event of any sale of disposition of the goods by you, you shall hold in trust for us:-
a) If the goods have not been fixed with or incorporated in or attached to other goods or land or buildings the whole of the proceeds of the sale or disposition.
b) If the goods have been fixed with or incorporated in other goods or have become attached to land or buildings so much of the proceeds of sale as is equal to the price of he goods under our contract with you for the supply of the same.
12.1 This contract shall be constructed in accordance with English law and shall be subject to jurisdiction of the English courts.