|
1.
APPLICATION All quotations and contracts are
subject to this and the following conditions. Any qualification or
variation in the Customer's order or acceptance shall be excluded unless
expressly agreed by DIY Plastics (UK) ("the Company") in writing. The
acceptance of any deliveries pursuant to any quotation or order shall, in
the absence of written acceptance, be deemed an unconditional acceptance
by the Customer of these conditions.
2. LIMITATION
OF AUTHORITY The Company's servants and agents have
no authority orally to vary, modify or waive, expressly or by implication,
any of these conditions whatsoever or to make any oral representations as
to their effect. The Customer in entering into any contract with the
Company is deemed to have acknowledged that he has not received and/or
relied on (a) any oral representations which might have the effect of
overriding the said conditions or (b) any oral advice as to the
suitability of the Company's products for any particular situation or
purpose.
3.
PAYMENT All accounts shall be paid without
retention by the 15th of the month following the date of invoice unless
otherwise agreed by the Company in writing. Interest will be added to
overdue accounts at the rate of 3% per month or part of a month. New
accounts are subject to satisfactory references and/or cash with order or
on delivery.
4. PRICE
REVISION Prices are subject to revision without
notice. Notwithstanding quoted prices products will be invoiced at prices
ruling at date of despatch.
5.
DELIVERIES The Company will make every
effort to deliver promptly, but no liability is accepted for delay or any
consequential loss or damage arising therefrom, nor shall delay entitle
the Customer to rescind the contract. No claim for shortage, damage or
loss can be considered unless (a) the delivery note is marked "Damaged" or
"Discrepant" with short written details signed by the Customer or his
agent and (b) the claim is made in writing to the Company within three
days of receipt of the products. The Company's liability in the case of
damaged, discrepant or defective goods shall be restricted to the supply
of new products of the company free of charge and no liability is accepted
for any consequential loss whatsoever.
6.
TITLE All products supplied by the Company
remain its property until paid for, and until then may be repossessed by
the Company or its agents at any time. Notwithstanding the foregoing, the
Customer shall accept liability for loss of or damage to the Company's
products howsoever caused (a) where the Company delivers the products then
as from their arrival at the point where they are unloaded or (b) where
the Customer collects or causes to be collected the products, then as from
the time they leave the Company's premises.
7. FITNESS FOR
PURPOSE Unless otherwise agreed by the Company in
writing, the Customer accepts full responsibility for ensuring that any or
all of the Company's products sold to him are fit for the purpose for
which they are required, and the Customer will indemnify the Company
against all claims, costs and expenses of whatsoever nature incurred by
the Company through the unfitness of such products as aforesaid. The
Company's liability under such agreement or in respect of claims for
defect is limited to the supply of new products of the Company free of
charge provided that (a) if faults are discernible on inspection, written
notice is given to the Company immediately on discovery, but in any case
not later than 30 days after delivery of such products or (b) if faults
are not discernible on inspection, written notice is given to the Company
immediately on discovery of the faults but in any event no later than 90
days after delivery of the products. Save as aforesaid the Company accepts
no liability, either by Statute or otherwise, either expressly or by
implication, so far as it is lawful in respect of claims alleging defects
in the goods supplied. No liability for any consequential loss or damage
whatsoever can be accepted by the Company.
8.
SIZES All sizes and thicknesses quoted for
the Company's products are nominal, and are subject to such variation as
is normal in the trade.
9.
QUANTITIES At the discretion of the Company,
quantities ordered by the Customer may be adjusted by up to 10% upwards or
downwards. When the adjustment is downwards, the Company shall be deemed
to have fulfilled the order in full, and when the adjustment is upwards,
the Customer shall be liable to accept and pay for the goods in
full.
10. DELIVERY
CHARGES The minimum nett order value for carriage
paid delivery to the Customer's address or designated delivery point on
the UK mainland only shall be £350.00 excluding VAT, and orders under this
value may, at the Company's discretion, be subject to a delivery charge.
Deliveries outside the UK mainland will be subject to additional charges,
by quotation.
11.
LAWS The construction, validity and
performance of all contracts entered into by the company shall be governed
by the Laws of England, the Courts of which shall be the forum for
deciding any disputes therefrom. |