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Terms and Conditions for the Supply of Goods & Services

  1. General
    Any Contract for the supply of goods or services, including any quotation, tender, sale or acknowledgement of orders issued by SafeSite Supplies Ltd (Company) shall, unless specifically agreed in writing by a Director, be subject to the following terms and conditions. The conditions together with any specific conditions and terms set out in the company’s quotation shall constitute the entire Contract between the company and purchaser of any goods or receiver of any services from the company. Such conditions will supercede any previous agreements or arrangements whether written or implied and any conditions at any time imposed or quoted by the customer. These conditions shall over-ride any conditions that may be printed upon any order, request for current quotation or other communication received from the customer or from any party on the customer’s behalf. By accepting any tender or quotation for or placing any order for these goods or services, the customer shall be deemed to have accepted these conditions. The contract shall be governed by the laws of England.
     
  2. Acceptance
    All quotations are given subject to confirmation by the company upon receipt of the customer’s order and no contract shall be concluded until such confirmation is given or the customer’s order is otherwise accepted. The company will not accept telephone/verbal orders.
     
  3. Quotations
    Quotations only refer to goods and services specified therein and available at the time of the quotation. Quotations shall only be binding on the company if confirmed in writing. Notwithstanding any quotation the contract price shall be the price ruling at the date that the order is dispatched. In any event the quotation shall not be binding upon the company if not accepted in writing by the customer within 28 days of receipt of any quotation.
     
  4. Price and Specifications
    Whilst endeavouring to maintain prices the company maintain the right to alter prices and other specifications without notice, and the prices and specifications applying to any order shall be those applicable when the order is accepted by the company in writing. The company also reserves the right to add a surcharge and to charge for delivery if the terms or conditions of the order are changed by the customer. Order quantities will be varied to comply with pack quantities. All sizes and capacities of the packaging quoted are approximate.
     
  5. Payment and interest
    The terms of payment are as detailed on the quotation issued for each specific product or the invoice issued. Payment of the contract price shall be made promptly on the due date. Interest of 8% above the baserate on any overdue accounts will be charged as per The Late Payment of Commercial Debts Act 1998 on the overdue amount per month or part of the month the account remains overdue and unpaid. All prices quoted are exclusive of value added tax and any value added tax payable in respect of goods supplied or services provided will be borne by the customer. Where delivery of goods or services is effected by us by more than one consignment (whether at the request of the purchaser or not) then each such consignment shall be deemed to be seperate contract subject to these Terms and Conditions of Supply and the purchaser shall pay to the company in full the amount payable under the invoice raised for each consignment notwithstanding any rights which the purchaser may claim to have against us in respect of any other consignment or under any other contract between us and the buyer.
     
  6. Delivery
    (a) Delivery commitments are entered into in good faith but are not guaranteed and the company shall not be liable for any loss or damage occasioned by failure to deliver on the specified date howsoever caused, nor shall failure be deemed to be a breach of the contract or any of its conditions are part thereof.

    (b) Refusal of the purchaser to accept part or whole delivery at the time specified in the contract shall permit the company to treat the contract as repudiated by the purchaser and to decline to make further deliveries without prejudice to the company’s right to recover damages for breach of contract.

    (c) When contracts provide for a single delivery goods shall be delivered and accepted as soon as ready.

    (d) Where contracts provide for deferred delivery, delivery shall be accepted as specified in the contract or as soon thereafter as ready. In the event of failure to accept any delivery the balance remaining undelivered shall be invoiced, with payment for such balance payable immediately, and storage costs charged to the purchaser’s account. The goods will be held at the purchaser’s risk.

    (e) The company shall make every effort to dispatch an order complete, but reserves the right to make part shipment/delivery.

    (f) If the customer shall fail to provide labour or means to unload the goods the company shall have the option of unloading the goods and thereafter they shall be at the risk of the customer.

    (g) If a signature cannot be obtained on a delivery note or the delivery note is not received at the company’s office, notification in writing to the customer of delivery shall be deemed an acceptance of that delivery.
     
  7. Returns
    The company does not supply goods on approval and goods are not returnable without the prior agreement by the company in writing. To receive a credit (if agreed) goods must be returned in the same condition as that in which they were received and in their original wrapping and packaging. Returns will also only be accepted back at the customer’s expense.
     
  8. Damaged and lost goods
    Any damage or faulty goods must be reported in writing to the company quoting each delivery note as soon as possible and in any event within 7 days of receipt of any delivery or part delivery. No claims for compensation or replacement goods will be accepted after the 7 day period. Non delivery of goods must be reported in writing within 14 days of receipt of invoice
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  9. Cancellation
    Cancellation of an order, whole or part, cannot be accepted without the company’s consent, in writing, which will only be given on the full indemnity given by the purchaser to the company.
     
  10. Title to goods
    (a) The ownership of any material and/or goods to be delivered by the company will only be transferred to the purchaser when all sums owed by the purchaser to the company have been met. Until such time the title to all goods and/or materials remain vested in the company, but the risk therein and all liability to third party shall pass to the purchaser from the date of delivery.

    (b) Should the purchaser remain in default of any payment due to the company, the company reserve the right to decline to make any further deliveries under the contract and to rescind such contract without prejudicing the company’s right to full compensation or to have such materials and /or goods returned.

    (c) If the purchaser incorporates materials and /or goods supplied by the company in other products, then those products shall be the property of the company if the company’s goods and /or materials are mixed with other goods and/or materials belonging to a third party, then such product shall be the property of the company and third party in proportion to the cost prices of the different goods. If the purchaser shall sell any goods and/or materials or products covered by this clause in such a manner as to pass a valid title to a third party, then the purchaser shall hold the proceeds of such sale on trust for the company.
     
  11. Fitness for purpose
    Unless otherwise expressly stated the goods are not sold as being suitable for any particular purpose. It is the responsibility of the purchaser before putting the goods to any use, mixing or incorporating them with or in any other material carrying out of any manufacturing process to or with the goods or reselling the goods for any such purpose, to carry out adequate tests to satisfy itself that the goods are in all respects suitable for such purpose and will have no deleterious effect. Such tests should be carried out separately in respect of every batch of the said goods whether or not the goods are the same kind that are sold by the company under the same description shall have been previously tested or found satisfactory in use.
     
  12. Limitation of liability
    (a) The liability of the company in respect of any defect or damage in goods supplied shall be limited to the replacement or repair of such goods at the company’s expense, provided that the defect or damage has been reported within 7 days.

    (b) The company shall not be liable for any consequential loss (whether direct or indirect) expense or damage of whatever kind arising as a result of any defect or damage in goods supplied.

    (c) Any date quoted for delivery of orders or consignments shall not constitute a term of contract between the company and the purchaser and any delay shall not constitute a breach of such contract; nor shall the company be liable for any indirect or consequential losses or penalties incurred or suffered by the customer as a result of any delay.

    (d) Time shall not be of the essence in respect of any contract between the company and the customer unless agreed in writing.
     
  13. Force majure
    The performance of all contracts is subject to variation or cancellation by the company owing to any act of God, war, strikes, lockouts, or any other industrial action, fire, flood, drought, tempest, insect or fungicide arrack or any other cause beyond the control of the company or owing to any inability by the company to produce the materials or articles required for the performance of the contract and the company shall not be held responsible for any inability to deliver caused by such contingency.
Copyright © 2011. All Rights Reserved Safesite Suplies Limited. 102 Sharon Way, Fern Heath, Hednesford, Cannock, Staffordshire, WS12 2NQ | Tel: +44 (0) 1543 423076 |
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