Terms & Conditions
1.1 these conditions constitute the only conditions on which collier & catchpole ltd. (the company) is willing to supply goods (“the goods”) to any person to whom a quotation acceptance of or contract is addressed (“the customer”). These terms and conditions shall prevail over any Terms and conditions in the customers order or other document issued by the customer except where specifically agreed to by the company in writing. No employee or servant of the company has any authority whatsoever to alter, vary or waive these conditions in any way unless expressly authorised in writing by a director or the secretary of the company.
1.2 no employee or agent of the company has any authority to make or give any representation or warranty whatsoever in relation to either the goods or the services.
1.3 where any legislation is compulsorily applicable to any business undertaken by this contract, these conditions shall be read as subject to such legislation and if any part of these conditions is inconsistent with any obligatory statutory provision then these conditions shall be overridden to that extent but no further.
1.4 orders given by the customer in respect of quotations are not binding on the company until they have been accepted in writing by the company.
1.5 the company reserves the right to enter into any contract subject to the receipt of satisfactory references for the customer. 1.6 no work can be carried out for the supply of services until the customer has delivered to the company signed specifications and manufacturing details. 1.7 this contract is governed by English law. Any dispute arising out of or in connection with this contract shall be determined by the English courts.
2.1 prices, quotations, estimates or tenders are those current at the date when given, but the company shall have the right to vary them by notice to allow for:
(a) any increases in suppliers’ prices; (b) any increase in sub-contractors’ charges; (c) any increase in the cost of labour, and/or materials for manufacture; (d) any additional costs caused by the customer including but not limited to, late instructions, changed instructions, changed delivery schedules or failure to supply requested information, between the date the prices, quotations, estimates or tenders were given and the date of delivery or completion of the services.
2.2 all prices, quotations, estimates & tenders are subject to the addition of v.a.t. where applicable.
2.3 orders from customers quoting or based on stated prices are only completed on the basis of the price prevailing at the time of delivery or completion.
2.4 if the customer requests any variation of work during the course of the contract adjustments to the contract price shall be charged on a day work basis or a unit rate, whichever is appropriate? The signature of the customer or his authorised employee on site on the time sheet or otherwise shall constitute a valid order for additions, variations, or exceptional work at day Work rates or unit rates as appropriate. The company have the right to refuse to accept variations to the contract.
2.5 the company are under no obligation to accept cancellations or returns except when goods are deemed to be faulty. If the company do accept a cancellation or return a cancellation charge or a handling charge of up to 25 per cent of the price may be made. For stock special items a restocking charge will also be applicable.
3.1 unless otherwise agreed in writing all prices and charges are net and payment shall be made within 30 days from the end of the month following the date of invoice for the relevant goods or services without any deduction or delay in respect of any set off, counter claim or dispute.
3.2 in addition to any other remedies available to the company if the customer fails to make payment in accordance with clause 3.1 above, the company can withhold all further deliveries and/or supplies or services and/or charge interest calculated on a daily basis at the rate of 2% per calendar month.
3.3 the company will not accept payment of accounts by credit card.
4. Time for delivery and completion
4.1 the company agrees to use all reasonable endeavours to deliver goods or complete the services on the date agreed or if no date is agreed within a reasonable time for the date of the contract. Time shall not be of the essence of this contract either in relation to the delivery of the goods or the completion of the services, and the company shall not be liable for any loss or damage howsoever arising directly or indirectly from the failure to deliver the goods or complete the services by any date specified in this contract.
4.2 the customer will not be entitled to rescind this contract: (a) in respect of any goods or supplies which are specially ordered, manufactured or fabricated for the customer;
(b) in any other case on account of any delayed delivery or failure to complete unless on or after the expiry of a reasonable time the customer gives notice to the company of a reasonable period within which he requires the goods to be delivered or the services completed as the case may be.
5. Passing of risk and property
5.1 the customer will bear the risk of loss of or damage to the goods from the time the goods are collected by the customer or his agent from us or are delivered by us or our agents and arrive at the site whichever shall be applicable.
5.2 when the goods are delivered to the site or the company is supplying services to the customer’s site then the customer must provide:
(a) suitable access to the site and on the site to the point of unloading; (b) all necessary labour, loading and lifting and other devices suitable to unload, lift and handle the goods, such devices to comply with all relevant statutory provisions and the supplier’s instructions; (c) reasonably level, clear ground & normal working conditions.
5.3 the customer shall be responsible for:
(a) the unloading, handling and stacking of the goods from the time they arrive at the site. (b) any costs or expenses incurred as the result of delay in promptly unloading the goods; (c) any loss or damage to the goods or other property arising out of the unloading, stacking or handling of the goods.
5.4 the customer will indemnify the company, their agents and employees in respect of any actions, costs or claims howsoever arising directly or indirectly in respect of the unloading, stacking or handling of the goods.
5.5 the property in the goods shall not pass to the customer until they are fully paid for.
5.6 in the event that the price for the goods is not paid by the customer by the due date the company shall at their absolute discretion be at liberty either to recover the goods or maintain an action for the price of the goods.
5.7 for all purposes the customer grants to the company an irrevocable lien on the goods until the price is paid and permits the company access to recover the goods where so ever they are. 5.8 in the event of the goods being sold by the customer in any such manner as to pass to a third party a valid title to the goods whilst any part of the price remains unpaid, the company’s right under these conditions shall attach to the proceeds of such sale and the customer shall place such proceeds in a separate account. Nothing herein shall constitute the customer, the agent of the company for the purposes of any such sale.
5.9 in the event of the goods becoming constituents of or being converted into other products or works whilst such sums are due as provided in 5.6 above, the company shall have the ownership of and title to such other products or works as if they were the goods and so that clauses 5.6 – 5.9 shall so far as appropriate apply to such other products or works.