“The Customer” means any third party to whom the Company may agree to sell goods in accordance with the Company’s standard conditions of sale.
b) All quoted or listed prices are exclusive of Value Added Tax or any other taxes and are based on the cost to the Company of supplying the Goods to the Customer and if before delivery of Goods there occurs any increase in any way of such costs in respect of Goods which have not yet been delivered the price payable shall be subject to amendment without notice at the Company’s discretion.
5. MANUFACTURER’S SPECIFICATION
6. CARRIAGE AND DELIVERY
7. PASSING OF RISK AND PROPERTY
(b) Property in the Goods shall remain the Company until payment in full therefore has been made by the Customer.
(c) If payment in full is not made in accordance with the Company’s standard conditions of sale the Company may require the Customer to return the Goods forthwith and if the requirement is not immediately complied with the Company shall be entitled at any time and without notice to retake possession of the whole or any part of the Goods (and for that purpose to enter the premises occupied by the Customer and sever the Goods from anything they are attached to without being responsible for any damage thereby caused) without prejudice to any other remedy that may be available to the Company.
8. DEFECTS AND USE
(a) Where the goods are rejected by the customer as not being in accordance with the Customer’s order the Company will only accept the return of such Goods provided that it receives written notice thereof, giving detailed reasons for rejection within 14 days of receipt of the Goods by the Customer and if such notice is not received by the Company within the said period of 14 days the Goods shall be deemed to have been accepted by the Customer. The Company will not consider any claim for compensation, indemnity or refund until liability if any has been established or agreed with the Manufacturer and where applicable the Insurance Company and under no circumstances shall be invoiced costs of the Goods be deducted or set off by the Customer until the Company has passed a corresponding credit note.
(b) In the case of defects or faulty workmanship the Goods or any part thereof the Customer shall not be entitled to receive any compensation, credit or refund in excess of that received by the Company under any guarantee or warranty given to it by the Manufacturer or supplier thereof.
9.RETURN OF GOODS
10. EXCLUSION OF LIABILITY
(b) In the event, The Company’s liability shall be limited to direct loss and shall not include indirect or consequential loss.
(b) The Company reserves the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing.
(c) Where payment is not made in accordance with the terms of sub-clause (a) above hereof the Customer shall pay interest on any unpaid amounts calculated at 3% above National Westminster
Bank Plc’s base rate for the time being in force calculated on a daily basis.
13. CUSTOMER’S DEFAULT AND CANCELLATIONS AND RE-SCHEDULING OF DELIVERIES
(b) Requests by a customer for cancellation or amendment of any order or for rescheduling of deliveries will only be considered by the Company if made in writing and shall be subject to the written acceptance of the Company or if cancelled or rescheduled at the request of the Customer, then the Customer shall indemnify the Company against all loss costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation, amendment or re-scheduling thereof to be calculated at 10% of the value of the order with a minimum of 50 UK Pounds.
14. FORCE MAJEURE