STANDARD TERMS AND CONDITIONS.
( a ) “The Company” means “Underfloor Heating Technologies”.
( b ) “The Purchaser” means the person, firm, or company named upon the company’s form of invoice.
( c ) “Goods” means the articles, or things, or any of them described in the company’s form of invoice.
( d ) “Order” means the order placed by the purchaser for the supply of the goods.
( a ) These conditions shall apply to the supply of goods by the company to the purchaser, and the company shall accept any order from the purchaser subject to such conditions.
( b) Neither the company nor the purchaser shall be bound by any variation waiver of or additions to these conditions accept as agreed by both parties in writing and signed on their behalf.
Payment for the goods shall be made by the purchaser to the company in full by no later than the 30 days from date of invoice.
- INTEREST FOR LATE PAYMENT.
If the purchaser fails to pay in full for the goods by the time set out in clause 3, hereof without prejudice to its rights in respect of such failure, the company shall have the right to charge interest on a daily basis, on all overdue amounts, at £4.00 per centum per annum above the base lending rate for the time being in force of Barclays Bank Plc, and any deliveries of goods under any contract with the purchaser may be suspended.
- RETENTIONS OF TITLE.
( a ) Title in all goods delivered by the company will remain vested in the company and shall not pass to the purchaser, until the purchaser has paid in full to the company all sums due to the company, from the purchaser under, or arising from any transaction, or sale, or any account whatsoever.
( b ) Unit payment has been made in accordance with ( a ) above the purchaser will so keep the goods as nearly as can be clearly identified as the property of the company, and separate from other goods and products purchased by the purchaser.
( c ) The purchaser shall be entitled to sell the goods for money, to a bonifide customer in the normal course of business, and deliver the same pursuant to such sale.
( d ) If the purchaser does not pay for any goods supplied by the company in accordance with the terms, or payment, or if any of the events referred to in ( e ) below occur, the company shall be entitled to enter upon the purchaser’s premises, and take possession of any goods supplied to the purchaser by the company.
( e) Upon the happening of any one of the following events, including the levying of any distress or the making of any composition with its creditors, or the commencement of any proceedings which could lead to bankruptcy, liquidation, or the appointment of a receiver, or manager of the purchaser, all sums in respect of goods delivered by the company to the purchaser, or arising from, or under any transaction sale account whatsoever shall become due immediately, and the company may enter on the premises of the purchaser to recover the goods in accordance with ( d ) above.
Not withstanding the provisions of clause 5, the purchaser shall bear the risk of any loss, or damage to, or deterioration of the goods from whatever cause upon delivery thereof.
Postal packet delivery and carriers charges ( where applicable ) will be charged to the customer at cost.
- GOODS RECEIVED DAMAGED.
The company shall not accept liability for goods alleged to be damaged in transit, unless the purchaser shall inform the carrier and the company in writing within 3 days of delivery of the goods.
- SHORT DELIVERY.
The company shall not accept liability for alleged short deliveries unless ( a ) the purchaser has signed for the goods from the carrier as unexamined and ( b ) the purchaser gives notice to the company in writing within 3 days of delivery.
A 15% restocking charge may be levied on all goods returned by the purchaser. The company shall not accept the return of any special ordered goods, and in this context “ special order ” shall mean goods ordered especially by the company for the purchaser, and not normally held by the company in stock.
All times indicated by the company for delivery shall be construed as estimates only. Except as expressly agreed in writing by the company. The company does not bind itself to deliver on, or by any given date, and the delivery date whether expressly agreed, or not shall be extended by a reasonable time if delay is due to any circumstances beyond the reasonable control of the company.
- FORCE MAJEURE.
No war, civil commotion, industrial action, delay in transit, importation, exportation, governmental restriction or regulation of any kind, act of god, or any other cause beyond the companies reasonable control, wheresoever, or whensoever occurring which alone or in combination delays or prevents the company from delivering goods either as agreed or at all shall render the company liable to the purchaser or for any loss or damage, of any kind whatsoever arising from, or in connection with the same.
- LAW OF THE CONTRACT.
These terms and conditions and any contract between the company and the purchaser shall be governed and construed in accordance with English law, and the English court alone shall have exclusive jurisdiction in the event of any dispute between the parties.