Terms and Conditions
Terms and Conditions of Sale
1. DEFINITIONS
"Company" means Sameday Tradeframes Ltd;
"Contract" means any contract between the Company and the Customer for sale and purchase of goods;
"Customer" means the person, firm or company whose order for the Goods is accepted by the Company;
"Goods" means any goods which the company is to supply to the Customer (including any of them or any part of them).
2.GENERAL
2.1 Any quotation or estimate given by the Company is an invitation to the Customer to make an offer only and is valid for a period of 30 days only from its date. No order placed shall be binding on the Company until accepted by the Company.
2.2 All orders made by the Customer shall be an offer by the Customer to purchase the Goods subject to these Conditions.
Receipt of the Goods by the Customer shall be deemed to be conclusive proof that the Customer has accepted these Conditions.
2.3 Unless otherwise agreed in writing by the Company, these terms and conditions are the only terms and conditions on which the Company is prepared to deal with the Customer and shall govern the Contract to the exclusion of all other terms or conditions including terms and conditions endorsed upon, delivered with or containted in the Customer's quotation, acknowledgement or acceptance of order, specification or similar document.
3. PRICES
3.1 Unless the sale is stated to be at a fixed price, Goods are sold at the prices shown in the Company's price list current at the date of delivery of the Goods. The Company reserves the right to alter price lists without notice in order to reflect increases in the cost of materials, labour, transport, energy and other costs incurred in the manufacturing and supplying Goods.
3.2 Prices of the Goods are stated exclusive of Value Added Tax or any other applicable tax or duty relating to the maunfacture, transport, export, import, sale or delivery of the Goods which will be charged in addition at the rate applicable at the appropriate tax or other point (as appropriate) and which the Customer shall pay when it is due to pay for the Goods.
4. DELIVERY AND RISK
4.1 Subject to Condition 4.2 or unless otherwise agreed in writing, delivery of Goods shall occur when the Company (itself or through a carrier) delivers Goods to the Customer's premises at the point in time immediately prior to off-loading of Goods from the Company's (or carrier's) vehicle. The Customer is responsible for offloading Goods from the Company's (or carrier's) vehicle and will provide at the delivery point adequate and appropriate equipment and suitably experienced manual labour for such offloading.
4.2 Delivery of Goods to destinations outside the United Kingdom shall be made FOB as defined in Incoterms 2000.
4.3 Where it is agreed in writing that the Customer will collect Goods from the Company, delivery occurs when the Company notifies the Customer that the Goods are ready for collection.
4.4 If the Customer fails to take delivery of any Goods when they are ready for delivery or to provide any instructions, documents, licenses or authorisations required to enable delivery of Goods on time (except because of the Company's fault) the Customer shall indemnify the Company against any reasonable cost incurred by the Company arising from the failed delivery.
4.5 Risk in Goods passes to the Customer on delivery.
4.6 The Company may make delivery of the Goods by instalments and invoice the customer for each instalment despatched.
4.7 The Customer is responsible (at delivery) to check the amount of Goods supplied and to detail in writing any discrepancy on the delivery note.
5. TITLE
5.1 Title to and property in Goods supplied by the Company remains vested in the Company (notwithstanding delivery of and passing of risk in Goods) until the price of Goods and all monies due from the Customer to the Company on any other account is paid or satisfied in full ( in cash or cleared funds).
5.2 Until title and property in Goods passes, the Customer shall:-
(a) store Goods separately from other goods of the Customer or any third party in a proper manner without charge to the Company and ensure they are clearly indentified to be the Company's property;
(b) hold Goods on a fiduciary basis as the Company's Bailee;
(c) maintain Goods in satisfactory condition insured on the Company's behalf for their full price against all risks; and
(d) hold proceeds of the insurance on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
5.3 The Company may at any time without prior notice to the Customer repossess and resell Goods if any events specified in Condition 11 occur or if any sum owed by the Customer to the Company under any Contract or on any account is not paid on the due date. For the purpose of exercising this, the company, its employees or agents shall be granted an errevocable licence to enter (at any time without prior notice to the Customer) freely any premises where Goods are or may be stored to inspect them or, where the Customer's rights to possession has terminated, to recover them.
5.4 The Customer may resell the Goods before ownership has passed only on the following conditions:
(a) any sale must be in the ordinary course of business at full market value and the Customer must account to the Company;
(b) any sale must be of the Company's property and the Customer must only sell as principal when making such a sale.
