Applied Radiators Ltd
GENERAL CONDITIONS OF SALE
- ‘Buyer’ means the person who buys or agrees to buy the goods from Applied Radiators Ltd.
- ‘Conditions’ means the Terms and Conditions of Sale set out in this document and any special Terms and Conditions agreed in writing by Applied Radiators Ltd.
- ‘Goods’ means the articles which the buyer agrees to buy from Applied Radiators Ltd.
- ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT.
ACCEPTANCE OF ORDERS
All orders for goods and for goods and services are subject to the following terms and conditions of sale unless otherwise varied by Applied Radiators Ltd in writing. It is hereby expressly agreed that the buyers terms and conditions of purchase shall not apply.
VARIATION OF SPECIFICATIONS
Applied Radiators Ltd has the right to vary specifications without notice.
Where special services such as modification(s) of standard equipments to comply with the Buyers specification, manufacture of customised equipment etc. are offered, all descriptive and technical specifications, drawings, illustrations and particulars of performance and dimensions, submitted with a quotation are approximate only and are to be treated as confidential.
Delivery dates given by Applied Radiators Ltd are approximate ex-factory and it is expressly agreed that time is not of the essence.
Unless otherwise agreed prices and quotations are ex-factory exclusive of carriage, Applied Radiators Ltd shall not be responsible for notifying (or making claims against) a carrier for breakage or
damage but will render reasonable assistance in the pursuance of such claims.
THE PRICE AND PAYMENT
- The price is exclusive of VAT which shall be due at the rate of ruling on the date of Applied Radiators Ltd invoice.
- The price shall be Applied Radiators Ltd quoted price.
- Payment of the price and VAT (together with carriage, packing and insurance) shall be due within 30 days of the date of invoice. Time for payment shall be of the essence.
- Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4.5% above National Westminster Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any
WARRANTIES AND LIABILITY
Applied Radiators Ltd warrants that the goods will at the time of delivery correspond to the description given by Applied Radiators Ltd. Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantable or condition of the goods and whether implied by statute or common law or otherwise are excluded.
PARTICULARS OF PROPERTY AND RISK
- i) The goods shall be at the buyer’s risk as from ex-factory/delivery.
- ii) In spite of delivery having been made property in the goods shall not pass from Applied Radiators Ltd until:
- the buyer shall have paid the price plus VAT in full: and
- no other sums whatever shall be due from the buyer to Applied Radiators Ltd
- Until property in the goods passes to the buyer in accordance with clause 9 ii the buyer shall hold the goods and each of them on a fiduciary basis as bailee for Applied Radiators Ltd.
The buyer shall store the goods (at no cost to Applied Radiators Ltd) separately from all other goods in its possession and marked in such a way that they are clearly identified as Applied Radiators Ltd property.
- Notwithstanding that the goods (or any of them) remain the property of Applied Radiators Ltd the buyer may sell or use the goods in the ordinary course of the buyer’s business at full market value for the account of Applied Radiators Ltd.
- Applied Radiators Ltd shall be entitled to recover the price (plus VAT) notwithstanding that the property in any of the goods has not passed from Applied Radiators Ltd.
- Until such time as property in the goods passes from Applied Radiators Ltd the buyer shall upon request deliver up such of the goods as have not ceased to be in existence or resold to Applied Radiators Ltd. If the buyer fails to do so Applied Radiators Ltd may enter upon any premises owned occupied or controlled by the buyer where the goods are situated and repossess the goods. On the making of such request the rights of the buyer under clause 9 iv shall
- The buyer shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are the property of Applied Radiators Ltd. Without prejudice to the other rights of Applied Radiators Ltd, if the buyer does so all sums whatever owing by the buyer to Applied Radiators Ltd shall forthwith become due and payable.
- The buyer shall insure and keep insured the goods to the full price against ‘all risks’ to the reasonable satisfaction of Applied Radiators Ltd until the date that the property in the goods passes from Applied Radiators Ltd, and shall whenever requested by Applied Radiators Ltd produce a copy of the policy of insurance. Without prejudice to the other rights of Applied Radiators Ltd, if the buyer fails to do so all sums whatever owing by the buyer to Applied Radiators Ltd shall forthwith become due and payable.
CLAIMS FOR DEF ECTS, DAMAGE, LOSS OR NON-DELIVERY
- The buyer shall inspect the goods on delivery and shall within 24 hours of delivery notify Applied Radiators Ltd of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The buyer shall afford Applied Radiators Ltd within a reasonable time following delivery and before any use is made of them. If the buyer shall be conclusively presumed to be in accordance with the contract and free from any defect of damage which would be apparent on a reasonable examination of the goods and the buyer shall be deemed to have accepted the goods and shall not be entitled to reject the goods.
- The buyer shall notify Applied Radiators Ltd of any non-delivery of a whole consignment of complete cartons within 14 days of the date of despatch (as stated on the invoice). Notwithstanding the receipt by Applied Radiators Ltd of any such notice a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of cartons indicated on the advice sheet.
- If the goods are not in accordance with the contract for any reason the buyer’s sole remedy shall be limited to Applied Radiators Ltd, making good any shortage by replacing such goods or, if Applied Radiators Ltd shall elect, by refunding a proportionate part of the price.
- Applied Radiators Ltd liability to the buyer, whether for any breach of contract or otherwise, shall not in any event exceed the price and Applied Radiators Ltd shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the buyer of liability to third parties incurred by the buyer.
- All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Applied Radiators Ltd or affect the statutory rights of a buyer dealing as consumer.
PROPER LAW OF CONTRACT
These conditions and the Contract shall be governed by and construed in accordance with the Laws of England and Wales and the Client agrees to submit to the no exclusive jurisdiction of the English courts.