TERMS & CONDITIONS OF SALE
Introduction: The following Conditions apply to the sale of materials or equipment supplied by E. Tupling & Son Ltd. Hereinafter called "the Company". No alterations or additions to, nor exclusion of, any part of these conditions shall be valid in law unless specifically agreed in writing by a partner of the Company. Nothing in the Buyer's Terms of Purchase shall override, cancel or modify any of the Company's Terms and Conditions of Sale.
Meanings: "Buyer" herein shall include buyer, hirer, lessee, owener or any other person who is in charge of goods supplied by the Company. "Goods" shall include materials, equipment, spare parts and any other items supplied, serviced, repaired, loaned or hired by the Company.
Prices & Terms of Payment: Charges for goods or services supplied by the Company shall be paid in full on or before delivery or completion, unless the Buyer has an account with the Company. An application for the opening of a credit account with the Company shall include an undertaking by the applicant that he/she has read and agreed to the Company's Terms and Conditions herein. Where the Buyer has an account, payment shall be made 28 days following date of invoice, unless otherwise agreed in writing. The Company may at its absolute discreton close the Buyer's account at any time and any balances due shall be paid immediately by the Buyer to the Company.
Legal Ownership and Retention of Title: The risk in goods supplied by the Company to the Buyer shall pass from the Company to the Buyer upon delivery of such goods. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the Company and the Buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Buyer under which the goods were delivered. The Company shall be entitled to charge late payment interest on the Buyer's overdue account at a rate of 1% above Base Rate per calendar month and to recover from the Buyer the cost of collecting and recovering overdue accounts.
Specification of Goods, Defects: It is the responsibility of the Buyer to examine goods supplied by the Company and to identify defects in materials and/or workmanship which might cause damage or injury. Illustrations, desciptions, weights and measurements shall be taken by the Buyer as guide only, and are not binding in detail. The Company reserves the right without notice and without affecting validity of the Contract to make such changes in materials, dimensions and design as are reasonable and desirable.
Installation: In respect of goods supplied to the Buyer by the Company, the Buyer shall be responsible for installation in accordance with the Company's Instructions and shall ensure that such instructions have been obtained from the company. Failure to install the goods in the manner prescribed in the instructions supplied by the Company will invalidate the Company's responsibility for damage caused to or by the goods.
Advice, Information and Opinion: Advice, information and opinion given by any partner, Employee or Agent of the Company is given without legal responsibility. Any recommendations or suggestions made by the Company relating to the use of goods, whether in technical literature or in response to specific enquiry, is made in good faith, but it is for the Buyer to satisfy himself of the suitability, of the goods for his particular purpose, and he shall be deemed to have done so.
Limit of Liability: The Company shall not be liable for damage or injury caused by its goods or workmanship beyond replacement of the goods or work on verification of the Buyer's complaint. The Company shall not be liable for any consequential loss caused by its failure or delay in supplying, servicing or repairing goods, whether the loss arises from the actions or from the omissions of the Company , its employees, agents or subcontractors.
Deliveries: Any time named by the Company for the delivery of its goods is an estimate only, and while every effort will be made to deliver on time the Company will not be liable for any consequences of a delay in delivery. Claims by the Buyer for damage during transit or for shortages must be made to the Company in writing within 7 days of the date of delivery.
Guarantees: Guarantees given shall not be applicable outside the United Kingdom unless expressly stated otherwise by the Company in writing. Any guarantee given will be invalidated if the goods supplied by the Company are subjected to misuse or accidental damage after the Buyer has taken delivery of them.
Applicable Law and Jurisdiction: Disputes arising under the terms of these Conditions shall be settled according to the laws of England in the jurisdiction of the English Courts.