Terms & Conditions
1.1 In these conditions:
BUYER - means the person, firm or company entering into the Contract to purchase the Goods from the Seller;
CONDITIONS - means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller;
CONTRACT - means the contract for the purchase and sale of the Goods;
DELIVERY DATE - means the date the Goods are to be collected by the Buyer or if they are to be delivered the time of actual delivery and if the Buyer wrongfully fails to take delivery of the Goods, the date that the Seller notifies the Buyer that the Goods are ready for collection or, as the case may be, the Seller tenders delivery of the Goods;
GOODS - means the goods (including any instalment of the Goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
SELLER - means Feridax (1957) Limited;
WRITING - includes fax, electronic mail and comparable means of communication.
Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Save where the Buyer shall place an order with the Seller verbally (in which case it is the Buyers responsibility to ensure the accuracy of the order), the Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer or any written order of the Buyer and which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Buyer.
The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.
Any advice or recommendation(s) given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage installation application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any catalogue or other sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Where any manufacturers names or numbers are mentioned they are for reference purposes only and do not necessarily indicate the source of manufacture nor any connection with the manufacturer.
No order submitted by the Buyer shall be accepted or deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative (and the issuing of an invoice by the Seller to the Buyer shall constitute acceptance in Writing).
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order and for giving the Seller any necessary information relating to the Contract within a sufficient time to enable the Seller to perform the Contract.
If the Goods are to be manufactured or any process is to be applied to the Goods, the Seller reserves the right to subcontract any of the manufacturing or other processes to a third party and shall not be liable for any increase in the costs of labour materials or other costs of manufacture, any change of delivery dates quantities or specifications caused by such subcontracting.
No Contract may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses.
The Seller reserves the right to undertake credit references and may suspend performance of the Contract or any other contract with the Buyer if such references are unsatisfactory.
Each order submitted by the Buyer shall constitute an order capable of acceptance by the Seller. If the Seller agrees that any such order shall constitute an order in circumstances where it is reasonable for the Seller to act in reliance upon such order, such order becomes an order accepted by the Seller and the Buyer shall indemnify and keep the Seller indemnified against all costs, damages, charges and expenses arising from such reliance by the Seller if such order does not become an order capable of acceptance by the Seller.
The price shall be the Seller’s quoted price in Writing, or where no price has been quoted or a quoted price is no longer valid, the price set out on the price list of the Seller prevailing at the date on which the Goods are dispatched. All prices quoted are valid for 30 days or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice.
The Seller reserves the right to increase the price to reflect any increase in the cost to the Seller which is due to any factor beyond the Seller’s control, any change in delivery or performance dates, quantities or specifications which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
The Seller reserves the right to impose a handling charge of 15% of the net price of the Goods where the Buyer returns the Goods and such return is not due to any fault on the part of the Seller.
The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
Where Goods are to be delivered otherwise than at the Seller’s premises the price is inclusive of all transport, packaging and insurance provided that the order has the following net value;
- UK Mainland: £100 (web) £200 (tel/email)
- N. Ireland: £150 (web) £300 (tel/email)
- S Ireland/Channel Islands: £300 (web) £500 (tel/email)
If the net value of the order is lower than that stated above or the Buyer requires delivery outside of the UK and Channel Islands then the price of the Goods is stated to be exclusive of all transport, packaging and insurance costs and the Buyer shall be liable for the costs of the same.
The Seller shall be entitled to invoice the Buyer for the price including without limitation the VAT, transport, packaging and insurance costs referred to in clauses 4.4 and 4.5 on or at any time after the Delivery Date.
Tthe Buyer shall pay the price without any deduction or set-off on or before the last day of the month following the Delivery Date and the Seller shall be entitled to recover the price notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy the Seller shall be entitled to:
suspend all or any further orders to the Buyer made under that or any other contract with the Buyer and in such event the Buyer shall not be released from its obligations to the Seller under that or any other contract or cancel the Contract or any other contract with the Buyer and to claim damages from the Buyer for breach of contract;
appropriate any payment made by the Buyer to such part of the Contract or the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 4 per cent per annum above Barclays Bank base rate from time to time accruing daily, until payment in full is made; and
Failure to pay on time any part of the debt on or before the due date will render the entire debt as being due immediately from the buyer.
The Seller may without notice set off any sums from time to time owed to the Buyer in or towards the satisfaction of all and any liabilities of the Buyer to the Seller whether or not under this Contract.
The Seller shall have a general lien over all goods and property of the Buyer (whether worked on or not) in the possession of the Seller for all unpaid debts due from the Buyer and the Seller reserves the right upon the expiration of fourteen days written notice to dispose of such goods or property and to apply the proceeds of sale (net of costs of sale) towards the payment of such debts.
Any costs (excluding interest which is covered in section 5.3.3) incurred by the Seller as a result of bounced cheques, or failure to pay on or before the due date will be recoverable from the Buyer.