The Company shall mean Claygate Distribution Ltd and the purchaser shall mean the other party in any quotation offer or contract with the Company.
No addition to variation of or exclusion to these conditions or any of them (whether contained in any official order form of the purchaser or otherwise) shall be binding on the Company unless such addition variation or exclusion has been expressly and specifically accepted in writing by the Company.
3. Prices and quotations
Printed prices and/or quotations are subject to alteration or withdrawal without notice. Prices charged are those ruling at date of dispatch. V.A.T. at current rate.
All catalogues, brochures, specifications or other technical characteristics, data or descriptive matter including any sales promotional material issued by the Company are intended to give a general description of the goods offered and shall not form part of any contract unless it shall be expressly agreed otherwise in writing.
Illustrations are given for the guidance of the purchaser and are intended to show the types of fittings offered. The Company does not undertake to supply as illustrated.
Whilst the Company makes every effort to ensure that goods supplied are of merchantable quality it gives no warranty either express or implied as to their suitability for any special conditions or particular purpose of which the purchaser must be the sole charge. Where possible goods sold by this Company do comply with the conditions laid out in BS5750 and also The Control of Substances Hazardous to Health (COSHH) 1998.
7. Return of Goods
* All goods returned for credit must be accompanied by our own Collection note, which is only an advice of collection, not a credit note.
* All items deemed as normal stock lines provided that they are in a reasonable condition will be exchanged for other goods at no additional premium.
* All items as special orders or non-normal stock lines will incur a handling charge of between 15% & 30% depending on the article returned. There will also be an additional cost if necessary to cover the costs of repackaging etc…
8. Direct Orders and Site Deliveries
The Company will dispatch goods direct to a third party or site at the purchaser’s request. Goods sent to a third party or to a site are dispatched at the purchaser’s risk. Carriage will be applied in accordance with Clause 10. Where Claygate Ltd are requested to deliver goods to an address other than their customers main place of business a written request is required or specific instruction given on the order.
9. Special Routing
Goods will be sent by any special route or carrier, by post or Red Star Passenger service at the purchaser’s request. All goods so dispatched are sent at the purchaser’s risk and any carriage and expenses incurred will be charged.
Goods delivered by the Company’s own vehicles are delivered free of charge unless below the Company’s minimum order value.
Any delivery dates or periods quoted by the company are estimates only, given in good faith and the Company shall not be liable for any loss or damages, whether direct or consequential, resulting from failure to meet such delivery dates or periods. All goods shall be delivered to the purchaser’s premises in the United Kingdom and risk in the goods shall pass on such delivery.
Goods offered from stock are offered subject to their still being available when the purchaser’s order is executed. Delivery shall take place:
*Where delivery is made by the Company’s vehicles, or the Company’s designated carrier. When the goods are unloaded at the location specified by the purchaser, or
* Where goods are collected. At the time of collection by the purchaser or his agent from the company’s premises.
Failure by the Company to enforce in full or part any particular clause of these conditions of sale shall not be taken as a waiver of any other clause.
13. Retention of Title
Until full payment has been received by the company for all goods whatsoever supplied at any time by the company to the purchaser.
* Property in the goods shall remain in the company.
*Should the goods (or any of them) be converted into a new product, whether or not such conversion shall be deemed to have been effected on behalf of the company and the company shall have the legal and beneficial ownership of the new products.
* The company shall have the right to enter the premises of the purchaser to remove goods supplied by the company (whether previously paid for or not) to the invoiced value of the goods supplied but not paid for and to sell any such goods and keep the proceeds of sale free from any title the purchaser might have in such removed goods and as though the company had such title at all times.
* Subject to the following two points the purchaser shall be at liberty to sell line goods and the new products referred to above in the ordinary course of business on the basis that the proceeds of sale will remain the property of the company and the company shall have the full legal and beneficial ownership of the goods and such new products and that the proceeds of sale will remain the property of the company to whom the purchaser shall account on demand, until the company is paid in full.
* The company may at anytime revoke the purchaser’s power of sale by notice to the purchaser if the purchaser is in default for longer than seven days in the payment of any sum whatsoever due to the company, whether in respect of the goods or any other goods supplied at any time by the company to the purchaser or for any reason whatsoever or if the company has bonafide doubts as to the solvency of the purchaser.
* The purchaser’s power of sale shall automatically cease if a receiver is appointed over the assets or the undertaking of the purchaser or a winding up order is made against the purchaser or the purchaser goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes arrangements or composition with creditors or commit any act of bankruptcy.
* Upon determination of the purchaser’s power of sale or above the purchaser shall place the goods and the new products at the disposal of the company who shall be entitled to enter upon any premises of the purchaser for the purpose of removing the goods from the premises (including severance from the realty where necessary).
* Unless otherwise expressly stated payment for goods is due to and payable on delivery by Bankers or Building Society draft cheque. In the case of account sales, payment is due on or before the last day of the month following the month in which delivery is made.
* If the purchaser shall fail to make payment in full in accordance with condition 3 above then (without prejudice to any other rights of the company) the purchaser shall, without any need for the company to give notice, become liable to pay to at the company interest on the amount for the time being unpaid at the rate of three per cent per annum above Nat West PLC base rate calculated from date of due payment until the date of actual payment as well after as before judgement.
*In the event that payment is made by the purchaser by cheque the company shall be entitled to delay delivery until such cheque has been cleared.
*If payment as above is overdue in whole or part, the company may by its servants or agents for the purpose of recovery of its goods enter upon any premises owned or occupied by the purchasers or under its control where such goods are stored or where they are reasonably thought to be stored and may re-possess the same without being liable for any damage caused thereby.
15. Legal Jurisdiction
Any contract subsisting between the company and the purchaser shall be construed in all respects in accordance with the Laws of England and unless otherwise arranged subject to the jurisdiction of the English Courts.
16. Clerical Errors
Any omission or error is subject to correction without notice.
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