ANGLITEMP LIMITED GENERAL CONDITIONS OF SALE AND TRADING
These conditions shall govern any sale of goods and/or provision of services by ANGLITEMP LIMITED (“the Company”) to the customer named overleaf (“the Customer”) to the exclusion of any other terms and conditions (including any certificate of conformity the Customer may ask the Company to sign) except such as are approved in writing by a Manager, Director, or other authorised officer of the Company. Current “Incoterms” shall apply subject to the express provisions herein. Any waiver shall not prejudice the Company’s rights in respect of subsequent breach.
PRICES AND QUOTATIONS
- The Company reserves the right to vary prices (whether specifically quoted or otherwise) to take account of increases in the cost of raw materials, manufacture, packing, transport or labour, arising before despatch.
- Prices are exclusive of VAT and any other tax, duty, tariff or charge (arising in the UK or elsewhere).
- If the order is less than £600 then carriage is not included in the price
- Quotations are valid for one month and orders placed are subject to acceptance by the Company
- Delivery of the goods shall be made by the Customer collecting the goods at the Company’s premises after the Company has notified the Customer that the goods are ready for collection or, if delivery is made by the Company, by the Company delivering the goods. Any dates given for shipment of goods and/or performance of services are the best estimates the company can make and the Company will not be liable for any delay however caused.
- Where goods are to be delivered in instalments, each instalment is a separate contract. Failure by the Company to deliver any instalment will not entitle the Customer to treat the contract as a whole as repudiated.
- If the Customer fails to take delivery or fails to give the Company adequate delivery instructions then (without prejudice to any other right the Company may have) the Company may charge the Customer for the storage costs of the goods.
- The Company does not exclude or limit liability for death or personal injury arising from its negligence.
- Without prejudice to clause 4(a) above the Company shall not be liable for:
(i) any design defect;
(ii) any consequential loss or damage (whether for loss of profit or otherwise and whether caused by the negligence of the Company, its employees, agents or otherwise);
(iii) any liability whatsoever in excess of the contract price;
(iv) any technical advice or assistance which it was not contractually bound to provide;
(v) any loss caused by delay
(vi) any loss whatsoever which the Company is precluded from recovering from any third party by reason of the Customer’s failure to give the notice necessary for such recovery;
(vii) any loss from material performance outside the contract operating conditions.
- The weights, dimensions, performance ratings and other data included in any promotional materials ( including, without prejudice to the generality of the foregoing, catalogues, advertisements and data sheets) constitute an approximate guide and are not binding save to the extent that they are expressly including in the contract.
- All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extend permitted by law.
- The statutory rights of consumers are not affected.
The Company shall be excused non-delivery or delay in delivery directly or indirectly caused by, or resulting from, or made fundamentally more onerous by, events or circumstances beyond the Company’s reasonable control (including but without limitation suppliers’ delays and trade disputes whether of the Company’s employees or otherwise). In the event of any deliveries being so suspended or delayed, the period of correspondingly extended, or if deliveries are suspended for six months or more either party hereto may, by notice in writing to the other, cancel the contract whereupon the company shall, at its sole discretion, either issue a credit note or invoice in an amount equal to an equitable portion of the total contract price.
Payment shall be made without deduction or set-off so as to be received on or before the thirtieth day from the date of invoice. The Company shall be entitled to charge interest at 3% above the base rate of Yorkshire Bank Limited.
For payments not received within terms, or as a result of any adverse commercial reason by the Customer (e.g. administration, CVA etc), the Company reserves the right to apply appropriate deduction or set-off against any or all debt owed by the Company to the Customer.
PASSING OF TITLE
- The goods compromised in this contract shall remain the property of the Company as legal and equitable owner and no property in or title to such goods shall pass to the Customer until their full price has been duly paid to and received by the Company together with the full price of any which are the subject of any other contract between the parties.
- While the ownership of the goods remains with the Company the Customer shall store them upon its premises separately from its own goods and those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
- Risk in the goods passes to the Customer at the point delivery begins.
- If any payments due hereunder are wholly or partly overdue the Company may (without prejudice to its other rights) recover and/or resell the goods or any part of them and may enter the premises where the goods are stored for that purpose.
- Without prejudice and subject to the rights of the Company In law and equity, if any of the goods are sold by the Customer before payment for them has been made, that part of the proceeds of sale which represents or is equivalent to the amount owed by the Customer to the Company shall be held by the Customer on trust for the Company and shall be paid into a separate bank account designated for that purpose. The Company shall be entitled to trace the proceeds of any such sale(s) and the Customer hereby authorises the Company to make enquiries of its bankers (or otherwise as appropriate0 relating to such proceeds.
- Any failure by the Company to require a separate account under clause (e) above shall not constitute a waiver or variation of its rights.
No order, which has been accepted, may be cancelled without the Company’s written consent and subject to the Customer indemnifying the Company against all costs and expenses (including loss of profits) incurred by the Company.
- Where the goods are supplied export from the United Kingdom, the provisions of the clause 9 shall (subject to any special terms agreed in writing between the Customer and the Company) apply notwithstanding any other provisions of these conditions.
- The customer shall be responsible for complying with any legislation’s governing the importation of goods into the country of destination and for the payment of any duties thereon.
- Unless otherwise agreed in writing between the Customer and the Company, the goods shall be ex works and the Company shall be under no obligation to give notice under section 32(3) of the sale of goods act 1979.
- The Customer shall be responsible for arranging for testing and inspection of the goods at the Customer’s premises before shipment. The Company shall have no liability for any claim in respect of any defect in goods, which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
- Payments of all amounts due to the Company shall be made by irrevocable latter of credit opened by the Customer in favour of the Company and confirmed by a bank in the United Kingdom acceptable to the Company or, if the Company has agreed in writing on or before acceptance of the Customer’s order to waive thie requirement, by acceptance by the Customer and delivery to the Company of a bill of exchange-drawn on the Customer payable 30 days after sight to the order of the Company at such branch of Yorkshire Bank limited in England as may be specified in the bill of exchange.
- If any provisions of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remainder shall not be affected.
- The Law of England shall govern the formation, interpretation and enforcement of the contract and the parties hereto submit to the non-exclusive jurisdiction of the high court.