The Smashing Glass Company (Nottingham) Ltd
Terms & Conditions of Trading December 2017
- Definitions. “The Seller” means The Smashing Glass Company (Nottingham) Limited. “The Purchaser” means the person, firm or company to be supplied with goods by The Seller. “Goods” means the products or services supplied by the Seller. “The Contract” means the contract for sale & purchase made between The Seller and The Purchaser to which these conditions apply.
- Scope. These conditions apply to all sales made by The Seller and prevail over any others; inconsistent terms or conditions contained to the contrary are hereby excluded.
- Quotations. A quotation by The Seller does not constitute an offer to supply and The Seller reserves the right to withdraw or amend it at any time prior to acceptance of the order.
- Terms of Payment. Payment shall be made without deduction or set-off to be received by The Seller not later than 14 days from Invoice unless otherwise agreed in writing. Should payment not be made to these terms The Seller may withdraw supply at any time without further notice.
- Delivery. Delivery dates are always approximate and have no contractual effect. The Seller will not be liable for any failure to deliver on any particular date. If the Purchaser refuses or fails to take delivery of goods tendered in accordance with the contract The Seller shall be entitled to full payment for the goods so tendered.
- Title. Title for the goods shall not pass to The Purchaser until full payment of the price thereof. The Seller reserves the right to re-possess any goods in respect of which payment is overdue and The Purchaser hereby grants an irrevocable right to The Seller to enter any or all premises to affect this right.
- Risk. Risk passes to The Purchaser immediately Delivery Documentation is accepted and signed, or The Purchaser has been informed that goods are available for collection. The Purchasers own products are handled by The Seller entirely at the risk of The Purchaser.
- Advice. Any advice given by The Seller or its employees to The Purchaser or its employees as to the storage, application or use of the goods is followed or acted upon entirely at The Purchasers own risk.
- Specifications. The Purchaser shall be deemed to have established for himself the suitability of The Sellers products for the intended use and not to have relied on any written or oral representation of The Seller. Any typographical, clerical, other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by The Seller shall be subject to correction without liability on the part of The Seller. The inclusion of components supplied by The Purchaser in products manufactured by The Seller negates any guarantees or warranties normally offered by The Seller
- Orders. All orders must be placed in writing and The Purchaser is responsible for providing to The Seller all necessary information required enabling The Seller to perform the contract. No orders may be cancelled except by written agreement with The Seller and The Buyer agrees to indemnify The Seller against all costs incurred, including but not limited to loss of profit, up to the time of cancellation. The Buyer confirms that all products are sold on the understanding that their end use will conform to all relevant legislation and that this is The Buyers responsibility.
- Packing. All returnable packaging and crates, cases, stillages etc. remain the property of The Seller and may be charged for failing return to The Purchaser.
- Third Party Rights. The Purchaser indemnifies The Seller against any and all claims, costs, demands, and expenses incurred by or made against The Seller as a direct or indirect result of the carrying out of any work required to be done on, or to the goods in accordance with the requirements and specifications of The Purchaser involving any infringement of any intellectual or industrial property right vested in any third party.
- Liability. The Seller shall not be liable to The Purchaser. (A) For shortages not notified in writing within 2 days of delivery. (B) For damage not notified within 1 day of delivery. (C) For defects in the goods caused by any act, neglect, or default of The Purchaser or any third party. (D) The Sellers liability whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of goods in question, (E) Subject to the foregoing, all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are hereby excluded and The Seller shall be under no liability to The Purchaser for any loss, damage, or injury direct or indirect resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of The Seller, its employees or agents.
- Force Majeure. (A) The Seller shall not be liable to The Purchaser for any loss or damage which may be suffered by The Purchaser as a direct or indirect result of The Seller being prevented, hindered, or delayed in the performance of its obligations under the contract by reason of any force majeure circumstances.(B) In this condition “force majeure circumstances” shall mean any Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, epidemic, accident, breakdown of plant or machinery, fire, explosion, flood, drought, government action, power or fuel unavailability, difficulty in obtaining workmen, materials or transport or other circumstances whatsoever outside the control of The Seller, affecting the provisions of the goods and services hereunder or of materials therefore by The Sellers usual source of supply or the manufacture of the goods by The Sellers normal route or means of delivery.
- Termination. Should The Purchaser default on payment for any reason whatever then The Seller may suspend deliveries and terminate the contract requiring immediate payment of all moneys outstanding either in cash or goods.
- Waiver. The failure on the part of The Seller to exercise or enforce any rights conferred by the contract shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time.
- Notices. Any notice required to be given in writing shall be deemed to have duly given if sent by first class mail, fax, or e-mail addressed to the party at its principal place of business or last known address.
- Governing Laws. The contract shall be governed by and construed and interpreted with The Laws of England and for the purpose of settlement or dispute arising out of or in connection with The Contract the parties hereby subject themselves to the jurisdiction of the English Courts.