These conditions shall apply to all our quotations and all contracts and orders for the sale of goods accepted by us. Any other terms, conditions. warranties or representations, whether made prior to. collateral with, or subsequent to the contract or order are hereby excluded. Special or additional terms of the Purchaser contained in his order or otherwise shall be of no effect unless the same be separately brought to our notice and express consent thereto is given in our written acceptance.
(a) Unless otherwise stipulated in our acknowledgments. all descriptions, illustrations, drawings, estimates of performance, weights and measures or other specifications provided by us are approximate only and shall not form part of any contract or be binding in any way. No responsibility or liability will be accepted by us for or ill regard to any inaccuracy or omissions of any kind and variations in design and specifications may be made at any time.
(b) We reserve the right at any time to correct clerical or technical errors in the contract documents.
(c) The purchaser shall furnish us with all necessary specifications with his order. We take no responsibility for goods manufactured, priced or delivered not in accordance with the order or the specification or any requirements of any Government or other inspecting authority. It is the Purchaser's duty to check that any drawings submitted by us and any particulars included in our acknowledgement confirming those specifications are correctly set out.
Quotations only refer to goods and articles specified therein and available at the time of quotation. All selling prices contained in quotations and acknowledgments are net. exclusive of VAT and are those ruling at the date of quotation or acknowledgement. They are provisional only and are subject to revision by us at any time without notice before the goods are despatched to take account of subsequent variations in the cost of materials labour, awards or increases in overhead costs. Prices may also be revised by us where the Purchaser calls down quantities smaller than those specified in his order. The Purchaser shall pay the prices as so revised. All prices quoted are exclusive of carriage charge.
TERMS OF PAYMENT
(a) Unless otherwise stipulated in our acknowledgement, payment is due within 30 days from the date of despatch of the goods. Until payment in full has been received, even though delivery to the Purchaser has been effected. the property in the goods shall remain vested in us and the Purchaser therefore hereby assigns to us all its right and interest in any contract for the sale of goods purchased from us for which payment in full has not been made to us and accordingly the Purchaser shall hold all monies received by it in respect of such assigned sale contracts on trust for us.
(b) Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment, delivery or part shall be made under sub-clause (a) hereof as if the same constituted a separate contract.
(c) Should the Purchaser fail punctually to comply with the terms of payment, we shall be entitled to interest on any amount overdue at the rate of 2.0 percent per month,
(d) In the event of the Purchaser for any reason whatsoever failing within one calendar month to effect any payment which may be due under the or any contract or order with us. or if he becomes insolvent or enters into a composition with or for die benefit of his creditors, or being a body corporate has a receiver appointed of its undertaking or assets or any part thereof, or, save for the purposes of reconstruction of amalgamation, goes into liquidation, we shall thereupon be entitled, without prejudice to our other rights, to give formal notice to the Purchaser terminating his right to possession of the goods whereupon the Purchaser shall be bound at his own expense to redeliver the goods to us. In all such cases we may ourselves retake possession of the goods and we are in such circumstances irrevocably authorised by the Purchaser to enter the premises on which the goods are situated and to dismantle and remove the goods at the Purchasers expense. In addition we shall be entitled forthwith to terminate the contract or any unfulfilled part thereof, or at our option to make partial deliveries.
TIME FOR DESPATCH
All periods for despatch and delivery expressed in the contract are approximate only. We use all reasonable endeavours to effect despatch within the stipulated period, or if no such period be stipulated, within a reasonable time. However, we shall be under no liability for any loss or damage to the Purchaser or others arising directly or indirectly out of late despatch or delivery, whether due to our default or not. nor shall such late despatch or delivery be deemed to be a breach of contract, nor entitle the Purchaser to conceal the contract.
(a) When delivery is effected on our vehicles or by an independent contractor by us the Purchaser, having had prior notification, shall be bound to accept delivery of the goods on arrival at his works, when sole risk in the goods shall pass to the Purchaser. Where payment in full has not been received the Purchaser shall on delivery insure and keep fully insured the goods against all and every risk including specifically but without prejudice to the generality of the foregoing damage by the Purchaser or third parties, fire, explosion, aircraft, theft, tempest and flood: and the purchaser shall also be responsible for the maintenance and care of the goods and in addition to indemnifying us against any depreciation in the value of the goods, shall also indemnify us against any damage caused to the goods should any payment in full not to be made.
(b) The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier's documents), of damage in transit, mis-delivery. or quantity discrepancy immediately on arrival. The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier’s documents) of non-delivery within 6 days where delivery is effected through the post, by road transport or British Rail, and 2 days where delivery is effected on our own vehicles, in all cases from the date of despatch advised to the Purchaser.
(c) Where delivery is effected on the Purchaser's vehicles or is arranged by him, risk in the goods shall pass to the Purchaser on delivery to the carrier, whether he be the Purchaser's servant or agent or an independent contractor arranged by the Purchaser.
(d) Without prejudice to our other rights should the Purchaser for any reason fail to accept delivery of the goods on arrival (prior notification of delivery having been made) then at the entire risk and expense of the Purchaser we shall be entitled to store the goods and/or to procure or affect storage of goods elsewhere and we shall further be entitled to be paid by the Purchaser for the cost of re-delivery of the goods.
(e) The Purchaser warrants that any necessary unloading facilities will be available at the place of delivery.
CONCLUSION OF LIABILITY
We are hereby expressly excluded from any liability howsoever arising in respect of any express or implied condition, statement, representation or warranty, statutory or otherwise relating to any goods supplied by us.
The Purchaser shall indemnify us against all actions, claims, demands, penalties and costs by third parties in tort, or for infringement or alleged infringement of patents or registered designs or otherwise arising in connection with the goods or with their delivery or unloading or with work done by us on the goods in accordance with Purchaser's specifications.
RETURN OF GOODS
We will not accept the return of goods already delivered to the Purchaser otherwise than pursuant to Clause 6 (c) hereof or by special arrangement and then subject to the appropriate restocking charge which shall not be less than 15% of the net invoice value.
All disputes, differences and questions which may at any time arise between the parties hereto or their respective representatives or assigns touching or arising out of or in respect of these conditions or the subject matter thereof shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
The Contract shall in all respects be construed and operate in conformity with English law. If any of these Conditions or any part of thereof is rendered void or unenforceable by any legislation to which it is subject, it shall be so void and unenforceable to that extent and no further.
For “Contractual Basis” and “Legitimate Interest”, customer data will be stored securely in our system for a period of 10 years. This will allow future communications regarding safety, technical and warranty information on our products as well as direct marketing. Customer data held by Poujoulat will not be shared with other parties.