Cromar Building Products Ltd
- a. This contract is not transferable without the consent of the Seller and is between Seller and Buyer as principals.
- These conditions shall apply mutatis mutandis to any goods supplied by the seller by way of replacement, rectification or improvement under any of these conditions.
- DEFAULT IN PAYMENT
If the buyer makes default in payment under this or any other Contract with the Seller or becomes subject to bankruptcy laws or being an incorporated company passes a resolution or becomes subject to a Court Order for winding up, or if a Receiver is appointed of any part of the Buyer’s property, the Seller may cancel further deliveries.
In terms of the Late Payment Act we can charge 8% above prime overdraft rate. This can be handed over for Legal Collection and all Legal and Collection charges will revert to the Debtor.
If Buyer makes a default in payment this can be handed over for Legal Collection and all legal and Collection Charges will revert to the Debtor.
- FORCE MAJEURE
If the Seller shall be prevented from performing any of his obligations under the Contract by any circumstances whatsoever outside his control (including in particular but without prejudice to the generality of the foregoing provision civil commotions, strikes, labour disputes, war fire, accidents, industrial or political activities or defective material) further performances of the Contract shall either be suspended so long as the Seller shall be so prevented, or at the Seller’s option, cancelled in which case the Seller shall not be liable for any loss, damage, or injury of any kind whatsoever whether direct or indirect or consequential to any person or suspension or cancellation of the Contract. The Seller by agreement with the Buyer may supply at a subsequent date any shortfall arising from circumstances of the type mentioned above. Force Majeure provisions mutatis mutandis shall apply similarly to the Buyer.
- Time for delivery shall in no cases be deemed to be the essence of the Contract and the Seller accepts no liability for loss direct, indirect, or consequential arising from delay in delivery.
- Should delivery of the goods in accordance with the Contract be delayed to suit the convenience of the Buyer, the Seller reserves the right to warehouse the goods, delivery to the warehouse to operate as delivery under the Contract in so far as payment terms are concerned. Any charges for such warehousing will be the liability of the Buyer, who shall be responsible for insurance cover.
- Product will not be offloaded until a representative of the Buyer has signed the delivery note to confirm that the product delivered is as ordered, that in the case of bulk deliveries adequate space exists in the receiving tank for the quantity specified on the weight ticket and that the tank’s existing contents are compatible with the product being delivered. Failure to meet this condition will mean the haulier will refuse to unload.
Claims for damage or non-delivery. Should any consignment be damaged, not delivered or incorrectly delivered, claims can only be entertained if we are notified in writing within 7 working days of the despatch date.
- No condition warranty or representation expressed or implied by statute or otherwise is given that the goods are suitable for any particular purpose or use other than what is stated on the label.
- The Seller will entertain no claim in respect of goods supplied unless the goods have been tested by the Buyer as soon as possible after receipt and before use and any discrepancy is notified to the Seller immediately.
- It is a condition precedent to any obligation on the Seller under this condition that the Buyer shall duly have paid all sums properly due and payable by him to the Seller.
- TRANSFER OF PROPERTY
- The property in the good shall remain in the Company until
Conditions of Sale
full payment of all sums due by the Buyer to the Company has been made or title is properly vested in some other person by the operation of any statute the property passes, the Buyer must keep the goods free from any change, lien or other encumbrance whatsoever.
- The Company may at any time and from time to time until the property in the goods has passed require them to be returned to it and if this requirement is not immediately complied with may retake possession of such goods and shall have the right and power to sell the goods without prejudice to such other rights as the Company may have (and may enter any premises of or occupied by the Buyer for such purposes). Such return or retaking possession shall be without prejudice to the obligation of the Buyer to purchase the goods and to pay for them in full.
The Seller shall not be liable to the Buyer under or in connection with or in relation to the Contract or in connection with any advice or goods supplied or for any loss, damage, delay costs, charges or expenses whatsoever, howsoever the sum may arise or be caused whether direct, indirect, consequential or otherwise and whether or not the same may be due to the negligence or any act, commission, error or default of the Seller, its servants or agents or otherwise and whether in or in connection with the performance of the Seller’s obligation under the Contract or otherwise.
- PASSING OF THE PROPERTY
The property and risk in the goods sold under this Contract shall pass to the Buyer at the point of delivery named in the Contract.
The Seller accepts responsibility for the insurance of goods in transit only to the point where property passes.
The Contract shall be governed by and construed in accordance with English Law. All questions, disputes or differences whatsoever arising out of, in relation to or in connection with the Contract or any goods supplied or to be supplied or any work done or to be done shall, if not settled, be referred to the arbitration of a person appointed by the Seller and the Buyer or in default of mutual agreement as to such appointment, shall be referred to the arbitration of a person appointed by the President for the time being of the Institute of Chartered Accountants in England and Wales and the arbitration shall be subject to the Arbitration Act 1950 or any modification or re-enactment thereof.
- The acceptance of a delivery constitutes acceptance of the Conditions, which replace any conditions of Purchase imposed by the Buyer.