Terms & Conditions Of Sale and Conditions Of Contract
Definitions
The term “Company” refers to Resmar Limited, the term “Customer” refers to the person, organisation or company who has accepted a Company quotation and all products and or services which are supplied by the Company to the Customer shall be known as “Goods”
Formation of Contract
No order shall become binding upon the Company until the Company has expressly acknowledged it in writing or an invoice has been issued by the Company.
These conditions are the only conditions upon which the Company is willing to conduct business and the Company hereby rejects and excludes all terms whatsoever preferred orally or in writing by the Customer. Any terms and conditions other than those contained in or implied by law into these conditions shall be ineffective unless specifically agreed to in writing by a Director of the Company. No other employee of the Company has any authority to contract on behalf of the Company any terms and conditions other than those contained in this document.
The Company has drawn up these Terms and Conditions of Sale in the light of the Unfair Contract Terms Act 1977 as amended and believes them to be fair and reasonable. Prices, warranties and other terms are based on contracts made on these conditions. If the Customer considers any term to be unreasonable they must inform the Company in writing before any contract is made.
Quotations and Prices
Quotations are valid for a period of 30 days, unless otherwise stated.
The price quoted is for the stipulated Goods only and must not be taken to apply to any order for different Goods.
The Company reserves the right to amend prices. The price charged will be the price current at the date of despatch.
Despatch and Delivery
Any times for delivery stated in the quotation and / or confirmation of order are estimates only. In the event of the Company for any reason not being ready to make delivery within time specified, the Company shall not be liable for any loss or damage whatsoever sustained by the Customer or any other party.
Goods dispatched are subject to a carriage charge which will be added to the invoice.
Excess delivery charges resulting from methods of despatch nominated by the Customer will be charged to the Customer.
Payment
When not otherwise stated payment shall be Nett Cash 30 days from the date of invoice, and shall be in Pounds Sterling.
When not otherwise stated, interest of 3% will be charged over Bank Base Rate as quoted by HBOS ruling at the time the account exceeds the payment terms stated on the invoice.
The products shall, unless otherwise agreed remain the property of Resmar Ltd until the debts or future debts owing to Resmar Ltd have been paid in full.
The Customer agrees not to sell, assign, sublet or otherwise part with the possession of the Goods until property in them has passed to the Customer.
Return of Goods
In all circumstances the Company reserves the right to refuse the return of Goods which were originally shipped to any Customer against a sales order.
Any Goods that were originally shipped against a sales order contract will incur a 20% handling charge to the Customer if the reason for return is deemed to be outside the control of the Company. The charge incurred will be 20% of the original value for the Goods returned. Under all circumstances a minimum charge of £40.00 will be imposed.
Passing of Property and Risk
Goods are shipped Ex-Works unless we have agreed in writing to other terms of shipment.
Defective Goods
The Customer shall give the Company immediate notice of any defect in the Goods. Such Goods should be returned to the Company and if proved to be defective because of faulty materials or workmanship the Company shall at its sole discretion replace or correct such Goods. Defects in quality of any delivery shall not be a cause for cancellation of the remainder of the order.
The Company accepts no responsibility where materials or components supplied by the Customer or through his offices or from sources dictated by the Customer shall be defective or in an unsatisfactory condition and the Customer shall indemnify the Company against any loss suffered by the Company arising as a result of such defects or condition.
Warranties and Liabilities
Any technical information or advice given, whether written or verbal, is to the best of the Company’s knowledge true and accurate but such information or advice is not underwritten or guaranteed and is offered without warranty.
The Company does not warranty in any way the suitability of Goods for the purpose to which they are put.
The Company warrants to replace or repair any part of the Company’s manufacture, which is proved to have been defective at the time of delivery in material or workmanship, provided such part is returned within 12 months from the date of delivery.
In the case of any part not manufactured by the Company but supplied by them or incorporated in the Company’s Goods, in place of the warranty the Company will pass on to the Customer any benefit received by them under any guarantee or warranty from the makers.
The Company will not be liable in contract or in tort or otherwise for any loss, injury or damage either direct or indirect or consequential sustained by reason of any defect in any Goods supplied or services performed by the Company or anything done or omitted by reason of the negligence of any person or otherwise.
Force Majeure
The Company shall have the right to cancel or delay deliveries or to reduce the quantity delivered if it is prevented from or hindered in any way by circumstances beyond its reasonable control.
Patents Copyright and other Industrial Property
The Customer shall fully indemnify the Company against any action arising from alleged breach of copyright or patent, which results from use of drawings or designs supplied by the Customer or carrying out the instructions of the Customer.
General
No waiver by the Company of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
The provisions hereof shall be read and construed according to English Law and any action arising shall be taken in the English Courts.
