1. GENERAL
i. All
quotations whether verbal or in writing are
made and all orders
are accepted subject to the
following Terms and Conditions, which shall
govern the contract to the exclusion of any other
Terms
and Conditions. No addition to or variation
of
these conditions will bind the Seller, unless it
is
specifically agreed in writing and signed by Stella or Andy Webster.
No agent or
person employed by or under contract with the
Seller has the authority to alter or vary these
conditions in any way.
ii. No waiver by the Seller of any breach of the
Contract by the Buyer shall be considered
as a
waiver of any subsequent breach of the
same
or any other provision.
iii. If any provision of these conditions is held
by
any competent authority to be invalid or
unenforceable in whole or in part the validity
of
the other provisions of these conditions
and
the remainder of the provision in question
shall
not be affected thereby.
2. DEFINITIONS
i.
"Buyer" means the person or business named
in the purchase
order.
ii. "Seller" means Scottish Roller Shutters.
iii. "Goods" means all items to be supplied
(or instalment or
part of them) and all work
to be
done (or instalment or part of them) by
the
Seller as specified in the purchase order.
iv. "Purchase Order" means the Buyer's
purchase order.
v. "The Contract" means the contract between
the
Buyer and Seller for the sale and purchase
of
goods.
vi. "Quotation" means the quotation provided
by
the Seller to the Buyer setting out
the
description, price, place and quantity of the
Goods. Words in the singular shall include
the
plural and vice versa, references to any
gender shall include the others and references
to
legal persons shall include natural persons and
vice
versa.
3. PRICE AND
DELIVERY
Unless
otherwise specified in the Quotation
i. All prices are quoted and payable in sterling
and are exclusive
of any value added or similar
tax
payable therein.
ii. The price includes for delivery Ex Works or
as
otherwise specified therein.
iii. The Seller reserves the right, by giving notice
to
the Buyer at any time before delivery,
to
increase the price of the goods to reflect any
increase in the cost to the Seller which is
due
to any change in delivery dates, quantities
or
specifications for the goods which is
requested by the Buyer or any delay caused
by
the Buyer's instructions or the Buyer's
failure to give the Seller adequate information
or
instructions, or by any deterioration of any
item
subsequent to a quotation being issued
by
the Seller for the repair thereof.
iv. In the case of an order for delivery by
instalments the price payable for each
instalment shall be the price set out in the
invoice.
v. Any times quoted for despatch are to date
from
receipt by the Seller of the acceptance
by
the Buyer of the Seller's quotation and of
all
necessary information and drawings to
enable the Seller to proceed.
vi. Whilst the Seller will use all reasonable
endeavours to comply with any delivery dates,
the
Seller accepts no liability whatsoever for
any
failure to attain such delivery dates.
4. ACCEPTANCE OF
GOODS
Any
claim by the Buyer which is based on any
defect in the Goods
shall be notified in writing to
the
Seller within seven days of delivery or
(where the defect or failure was not apparent
on
reasonable inspection) within a reasonable
period after discovery of the defect. If the Buyer
does
not notify the Seller the Buyer shall not be
entitled to reject the goods and the Seller shall
have
no liability for such defect, and the Buyer
shall be bound to pay the price as if the goods
had
been delivered in accordance with The Contact.
5. PAYMENT
i. The
Buyer shall pay for the Goods within thirty
days of the date of
the Seller's invoice.
ii. If the Goods are delivered in instalments the
Seller shall be
entitled to invoice each instalment
as
and when delivery thereof has been made
and
payment shall be due in respect of each
instalment whereof delivery has been made.
iii. Any overdue payments shall be subject to
interest at 4% above the base rate from
time
to time of Bank of Scotland PLC charged
by
the week/month or part thereof that payment
remains overdue.
6. RISK AND
PROPERTY
i. Risk
of damage to or loss of the Goods shall
pass to the Buyer
at a time when the Seller
notifies the Buyer that the Goods are ready
for
collection or in the case of Goods to be
delivered otherwise than at the Seller's premises
at
the time of delivery, or if the Buyer wrongfully
fails
to take delivery of the Goods, the time
when
the Seller has tendered delivery of the
Goods.
ii. Notwithstanding delivery and the passing
of
risk in the goods, any other provision of
these
conditions, the property of the goods
shall
not pass to the Buyer until the Seller has
received in cash or cleared funds payment in
full
of the price of the Goods and all other
Goods
agreed to be sold by the Seller for which
payment is then due.
iii. Until such time as the property in the
Goods passes to the Buyer (and provided that
the
Goods are still in existence and have not
been
re-sold) the Seller shall be entitled at
any
time to require the Buyer to deliver up
the
Goods to the Seller and, if the Buyer fails
to do
so forthwith, to enter upon any premises
of
the Buyer or any third party where the
goods
are stored or installed and repossess
the
Goods.
7. FORCE MAJEURE
The
Seller shall be entitled to delay or cancel
delivery or to
reduce the amount of Goods
delivered if and to the extent that it is prevented
from
or hindered in or delayed in manufacturing,
obtaining or delivering the Goods by normal
route
or means of delivery through any circumstances
beyond its control including (but not limited to) strikes,
lock-outs, accidents, war, fire or breakdown of plant
machinery.
8. ASSIGNMENT AND
SUB-CONTRACTING
The
Seller may entirely at their discretion and without
the consent of the
Buyer assign the contract with the
Buyer or sub-contract the whole or any part thereof
to
any person, Company or seller.
9. INSTALLATION
Our
prices are based upon:
Unlimited safe access to doorway during installation
Normal hours of work, i.e. Monday-Friday 8.00am - 6.00pm
Suitable hard standing area being provided
Abortive visits will be chargeable at the full day rate.
10. LIFTING
EQUIPMENT
It is the client's
responsibility to provide offloading and safe storage prior to
actual installation, and providing a forklift truck of suitable size
and capacity to lift door rollers, guides and motors into position
when required.
11. POWER
AND WIRING
In
the case of power operated roller shutter doors the Seller checks
that motor(s) are functioning correctly on installation by Seller's
own power supply. On-site connection and wiring is to be provided
in all cases by the client. In the case of a A&S Fitted Roll
or branded-Pack door it is the clients responsibility to provide a 20
amp 3 phase and neutral fused isolator within one metre of the motor
side of the door at approximately 1.5m from floor level. This must
be available at installation stage.
12. BUYER'S RIGHTS
Any
specifications, plans, drawings, patterns or
designs remain the
property of the Buyer
and
must be returned to the Buyer by the Seller
on
completion of the Contract.
13. DETERMINATION
OF CONTRACT
If the
Buyer shall make any arrangement or
composition with
creditors, or commit any act of
bankruptcy, or if any petition or receiving
order
in bankruptcy shall be presented or made
against the Buyer, or if, being a limited company,
any
resolution or petition to wind up the company's
business (other than for the purpose of amalgamation
or
reconstruction) shall be passed or presented, or
if a
receiver or manager shall be appointed of the
Buyer's undertaking, property or assets, the Seller
shall
have the right forthwith to determine the contract,
and
upon written notice of such determination
being
posted to the Buyer's last known address, the
contract shall be deemed to have been determined.
14.
CANCELLATION OF CONTRACT
Should the buyer cancel an order once the order has
been
placed then the buyer will be liable to pay the seller
80%
of the order value.
15. LAW
The
Contract shall be deemed to have been made in