Tel: 01933 213 007
Tel: 01933 213 007
TERMS AND CONDITIONS OF SALE
DEFINITIONS
1. In these conditions "the Company" means Direct Maintenance Ltd; "the Buyer" means any company, firm or individual from whom the Company receives an order which the Company has accepted; "the Goods" means the products, materials and/or services to be supplied by the Company.2. The Company accepts order subject to these Conditions of Sale to the exclusion of any Conditions of the Buyer, unless otherwise specifically agreed in writing by the Company. In addition every such order shall be subject to such further terms and conditions as may be found on the Company's current price list and/or the invoices covering the products ordered. Such items and conditions shall prevail in the event of any inconsistency with the terms hereof. Copies of such price lists and invoices will be supplied on request.
3. The risk of damage of loss of the Goods listed overleaf shall pass to the Buyer on delivery.
Notwithstanding delivery and passing of risk in the Goods and the property in the goods shall not pass to the
Buyer until the Company 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 Company to the Buyer for which payment is then due.Until such time as the Property in the Goods passes to the Buyer, the Buyer shall have merely the Company's
permission to hold the Goods and shall retain them as the Company's fiduciary agent and bailee and keep them
separate, insured and identifiable from any other goods on the property of the Buyer, or of any other person.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 resold. The Company shall be entitled at any time to require the Buyer to deliver
up the Goods to the Company and if the Buyer fails to do so, to enter upon any premises of the Buyer or any
third party where the Goods are stored and repossess the Goods.4. Nothing herein shall give the Buyer the right to return the Goods to the Company.
5. The Company shall be under no liability whatsoever for any loss whether direct or indirect resulting from delay in despatching delivery; non-performance of any contractual obligation due to any cause beyond its control.
6. All warranties and conditions express, implied statutory or otherwise as to quality or fitness of any of the company's products for any particular purpose are hereby excluded. Our technical advice whether given verbally, in writing, by way of trials, or in any other manner is to be regarded as an expression of opinion only. Although such advice is given in good faith it shall not be regarded as the basis of or as a representation of statement of fact and this applies also where propriety or protective rights of third parties are involved. Since we have no control over the use to which you intend to put our products, our advice tendered does not release you from your obligation to test products supplied by us as to their suitability and application. Whilst our products will be consistent quality their application use and processing must therefore be entirely your own responsibility. Any liability arising in respect of our products will be strictly limited to the value of such products as at the time of delivery and shall not extend to any consequential loss whatsoever and however arising. Freedom from Patent Rights must not be assumed.
7. The Buyer shall pay for the Goods without deduction for whatever reason at the price stated on invoice/s supplied plus VAT within thirty days from the date of the invoice, unless the Company has agreed an alternative arrangement in writing. Should the Buyer default in payment on the due date of any sum the Company shall without prejudice to any other right, be entitled to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. In addition the Company shall be entitled to claim compensation under the Late Payment legislation
8. The Company shall without prejudice to any other right be entitled to exercise a general lien or right of retention on all Goods in the Company's possession which are intended to become the Buyer's property in regard to all debts, damages or other sums due to the Company from the Buyer.
9. The price(s) are given in good faith and are those ruling at this date. All prices are subject to market fluctuations and revision and the actual price(s) to be paid by the Buyer shall be the Company's price ruling at date of dispatch.
When an order is received for a quantity less than that quoted for and where delivery is required in instalments
smaller than those specified in the quotation prices will be subject to an increase.Unless otherwise agreed in writing by the Company or shown, the price(s) will not include delivery.
10. Delivery of the quantity and sizes ordered are subject to such tolerances as are customary in respect of the Goods concerned and the Company shall be entitled to make part deliveries for any quantity of Goods ordered by the Buyer and to deliver invoices for payment in the usual way in respect of deliveries so made and the Buyer shall be bound to accept and pay for such part deliveries as though made under separate contracts.
11. No liability is accepted for any claims for short delivery or damage unless notified to the Company in writing within three clear days of delivery. The Company shall replace Goods shown to its satisfaction to be defective or at its opinion repay the amounts received against the invoice in respect of such Goods but in no circumstances shall the Company be liable for loss or damage (including direct and consequential loss or damage) howsoever arising.
12. No variation of these conditions shall be binding upon the Company unless in writing and signed by a Director on behalf of the Company.
13. These conditions shall form the entire basis of the contract between the Company and the Buyer and shall prevail over any conditions or terms of trading of the Buyer.
14. The Laws of England and Wales shall govern this contract.