ERIC BATES & SONS LTD (THE COMPANY)
Terms and Conditions of Business
(THESE TERMS & CONDITIONS SHALL TAKE EFFECT SUBJECT TO THE CUSTOMERS STATUTORY RIGHTS)
All estimates and quotations and all purchase and orders shall be made subject to the following terms and conditions which unless otherwise altered in writing between the company and the customer shall remain in full force and effect to the exclusion of any other terms and conditions subject as aforesaid.
1) Estimates and quotations are given subject to alteration of prices of raw material and wage rates etc, and we reserve the right to amend estimates and quotations after the customer’s acceptance and before commencement of work. Whilst every endeavour may be made to complete orders on dates given, liability cannot be accepted for failure to do so. Cancellation of an order by the customer cannot be accepted, or goods be returned for credit unless previously agreed in writing. No variation of any order shall be binding unless the same shall be agreed in writing.
2) Not withstanding completion and the passing risk, the property in the items for sale shall remain the company’s until all monies owed by the customer under this or any other contract with the company have been paid. The risk in the items for sale shall pass to the customer at the point of completion. (Here and hereafter ‘completion’ is defined as either (a) collection of goods from the company’s premises or if delivery is arranged by the company, (b) delivery of goods to the customer’s premises. The company cannot accept any liability for damage caused to items for sale after completion.
3) Damages or omissions on consignment must be signed for as such, and the company must be notified within 72 hours from the time of delivery, and confirmed in writing within 7 days from date of delivery. If the customer should fail to do this, the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and to pay accordingly. Where a valid claim is made by the customer the company shall be entitled to replace the goods (or the part in question) free of charge or at the company’s sole discretion, refund to the customer the price of the goods or a proportionate part of the price, but the company shall have no further liability to the customer.
4) Terms of payment are as follows:-
a) One third of the cost or estimated cost due with each order. The balance of the invoice price is due on or before the date of completion. Please note:- Customers with approved Credit Accounts will be notified as such and are required to pay for their accounts by the twenty-fourth date of the month following the date of the invoice.
b) Failure to pay by the appropriate date shown above will incur interest charges on the gross amount due at the rate of 4% (compound) per annum above the National Westminster Bank lending rate, from the due date to the date of payment.
c) Payments made by Credit Card over the value of £200.00 will be subject to a 2.5% surcharge, payments made by Debit Card will not be subject to a surcharge.
d) In the event of no limit being specified in writing at the time when the customer placed the order, then the time limit for the customer to accept completion shall be deemed to be six months form the date of the order.
e) Failure to comply with the previous term (4d) the goods concerned may be taken back into stock and any deposit forfeited by the customer. Please note:- In the event that the goods are still at the company’s premises (whether the above terms have been met or not), the company reserves the right to charge the customer storage charges, including insurance.
5) The company shall not be liable for shrinkages or movement of timber or other faults which appear after items have been sold, unless such faults are caused by defective materials or workmanship supplied by the company. Care has been taken to ensure the accuracy of any description assigned to items for sale, but the company gives no warranty as to genuineness or authenticity of items for sale and the customer shall accept items purchased with all faults and errors of description.
6) The above terms and conditions shall be construed and governed according to English law, and the customer hereby accepts the jurisdiction of such court whether in England or elsewhere as the company may nominate for the purpose of trying any action or matter arising out of, or in connection with these terms and conditions.
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