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1. GENERAL
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(a)
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All quotations offers for sale or acceptances of order are subject to the following express terms and conditions and these conditions shall apply not withstanding any conditions to the contrary in the Buyer’s conditions (which in so far as they are inconsistent with these conditions are deemed to be waived).
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(b)
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All timber is sold under the Timber Trade Warranty Clause viz:
Goods are not tested or sold as fit for any particular purpose. Any term Warranty or Condition express, implied or statutory to the contrary is excluded. In no circumstances whatsoever shall Seller’s liability (in contract tort or otherwise) to the Buyer arising under, out of, or in connection with Contract of goods supplied exceed the invoice price of the particular piece(s) in regard to which complaint is made.
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2. PRICE
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(a)
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Quotations are based on current prices and will be held for 30 days from date of quotation after which they may be varied without notice to prices ruling at time of acceptance of order. The price or prices quoted may be varied due to justifiable increases in costs and the invoiced prices will be those ruling at the date of despatch of the goods.
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(b)
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Prices quoted will be free on lorry unless otherwise agreed by the Seller in writing.
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3. VALUE ADDED TAX
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(a)
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All prices quoted are exclusive of Value Added Tax and any Value Added Tax payable in respect of goods supplied will be borne by the Buyers.
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4. PAYMENT
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Payment must be made in cash when the order is placed or upon such terms as the Seller may from time to time extend to the Buyer which terms may be withdrawn by the Seller at any time. If the Buyer should commit breach of any such terms then the Seller may at its election without prejudice to any other rights it may have, suspend any further delivery or cancel the Contract.
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(b)
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Any order once placed cannot be cancelled except by mutual agreement in writing and then only on such terms which would indemnify the Seller.
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Invoices submitted to approved credit customers will be payable within 30 days of the invoice date unless otherwise agreed by the Seller in writing.
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Invoices unpaid after the due date will be charged interest at 2% over the Seller’s bank rate until the debt is paid in full.
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Any amounts due from the Buyer may be set off against monies due to the Buyer from Seller.
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5. DELIVERY
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(a)
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Where contracts provide for a single delivery goods shall be delivered and accepted as soon as ready unless specifically agreed otherwise by the Seller in writing.
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(b)
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Where contracts provide for deferred deliveries such deliveries BY INSTALMENTS shall be accepted as specified in the contract (or as soon there after as ready) provided that all deliveries shall be accepted within six months from the date specified for the first delivery. In the event of failure to accept any delivery the balance remaining undelivered shall be invoiced (payment for such balance immediately thereupon becoming due) and storage costs charged to Buyer’s account, the goods being held at Buyer’s risk.
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(c)
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Each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not violate the contract as to the remaining deliveries.
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(d)
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Whilst every effort will be made by the Seller to effect delivery in accordance with any pre-arranged dates, no guarantees as to dates of delivery by the Seller is to be implied and the Seller will not accept liability for any loss or damage occasioned by the delay in delivery however caused.
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(e)
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Should delivery or work be required sooner than the normal time needed for its production, every effort will be made to secure freedom from defects but reasonable allowance must be made by the Buyer in such cases. Should such delivery necessitate overtime being worked or other additional costs being incurred a charge will be made to cover the increased cost.
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(f)
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When the Seller has agreed to deliver, deliveries will only be made to a position on a good hard surface nearest the site accessible by a good hard road. The Buyer will be responsible for unloading the goods with his own labour and without undue delay.
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(g)
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If the Buyer shall fail to provide such labour and signature on a Receipt Note cannot be obtained notification in writing TO THE BUYER of delivery shall be deemed an acceptance of that delivery.
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6. QUANTITY VARIATIONS
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(a)
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A shortage or surplus charged pro-rata, not exceeding ten per cent will be considered due execution of any order.
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7. CLAIMS
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(a)
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The Buyer shall be deemed to have accepted the goods if he retains them for more than seven days without notifying the Seller IN WRITING that he has rejected them.
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(b)
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Any complaint or claim must be notified to the Seller in writing within seven days of the receipt of the goods by the Buyer, or if related to the transport of goods within such time as will enable the Seller to comply with the time limit and procedure of the carriers by whom the goods were transported. Where a complaint is made the consignment as a whole must be retained and returned and no claim whatsoever will be accepted for a portion or part of any consignment unless agreed to in writing by the Seller.
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(c)
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The absence of any complaint or claim within the above period shall be conclusive evidence in any proceeding that the Seller has fully discharged all its obligations under the contract and in particular that the goods were in conformity with the Contract in all respects.
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(d)
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The goods may be returned with the Sellers agreement but credit will not be agreed until the Seller or his Representative shall have had an opportunity of examining them.
The Seller reserves the right to issue a reduced credit if appropriate or to levy a handling charge on goods returned through no fault of the Seller.
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8. PASSING OF PROPERTY
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(a)
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Notwithstanding that the Buyer or his Agents obtains possession of the goods, all or any such goods will remain the property of the Seller until such time as payment, and all monies owed, to the Seller by the Buyer are paid in full. The Seller shall be entitled to all rights of access to the Buyer’s premises to enforce its rights hereunder.
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(b)
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If the Buyer does not pay on the due date for payment the Seller shall be at liberty on its own account to sell or otherwise deal with or dispose of the said goods in such manner as it may deem fit.
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(c)
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Until such payment in full discharge of payment is made the Buyer is required to store or mark the goods in such a way as to indicate that they remain the property of the Seller, but stored at Buyer’s risk.
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(d)
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In the event of the Buyer reselling or otherwise disposing of the goods or any part of thereof before the property therein has passed to him by virtue of Clause 8 (a) hereof then the Buyer will, until payment in full to the Seller of the goods, hold in trust for the Seller all his rights under such contract of resale or any other contract in pursuance of which the goods or any part thereof are disposed of or any contract by which property comprising the said goods or any part thereof is or is to be disposed of any monies or other consideration received by him thereunder.
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9. MATERIAL
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(a)
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Whilst every effort will be made to supply material in accordance with the quality of samples submitted or quoted for this cannot be guaranteed.
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10. THIRD PARTY LIABILITY
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(a)
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The Seller shall be under no liability in respect of any damage or loss to third parties CAUSED directly or indirectly by the goods IN ANY WAY WHATSOEVER and the Buyer shall at all times indemnify the Seller against such loss or damage.
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11. ASSIGNMENT
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(a)
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The Buyer shall not assign the Contract AS A WHOLE OR PART without the written consent of the Seller.
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12. DETERMINATION OF CONTRACT
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(a)
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If the Buyer shall make default in or commit a breach of the contract or of any other of his obligations to the Seller, or if any distress or execution shall be levied upon the Buyer’s property or assets, or if the Buyer shall make or offer to 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 him, or if the Buyer is a limited Company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, of if a receiver of such company’s undertakings property or assets of any part thereof shall be appointed, the Seller shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being passed to the Buyer’s last known address any subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the Seller may otherwise make or exercise.
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13. FORCE MAJEURE
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(a)
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The performance of all contracts is subject to variation or cancellation by the Seller owing to any act of God, war, strikes, lockouts or any other industrial action, fire, flood, drought, tempest, insect or fungicidal attack or any other caused beyond the control of the Seller to produce materials or articles required for the performance of the contracts and the Seller shall not be held responsible for any inability to deliver caused by any such contingency.
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14. ARBITRATION
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(a)
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Any dispute under the contract shall be referred to an arbitrator or Arbitrators to be appointed by the parties or in default of agreement by the President of the Law Society for the time being and his or their decisions shall be binding on both parties, and this shall be a submission to arbitration within the Arbitration Act 1950, or any statutory modification thereof for the time being in force.
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15. APPLICABLE LAW
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(a)
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The contract shall be governed by the laws of the country in which the Seller is domiciled or, in the case of a limited company, the country in which the Registered Office of the Seller is situated.
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(b)
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If any clause or sub clause of these terms is held by a competent authority to be invalid or unenforceable the remaining clauses and sub clauses will not be effected and shall remain in full force and effect.
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16. TOLERANCES
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(a)
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Unless otherwise agreed in writing sizes given are approximate only within normal trade tolerances.
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(b)
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Moisture contents quoted are a FAIR AVERAGE MOISTURE CONTENT and cannot be guaranteed.
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