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Fencing and Gates Terms and Conditions - metal garden gates, wooden gates & metal fencing |
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FENCING AND GATES - TRADING TERMS AND CONDITIONS By using this website you agree to the following terms and conditions. Use of this website is entirely at your own risk. If you are dissatisfied with the site, its content or these conditions then your only remedy is to end your use of the website. The Vendor shall have no liability to you, or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even where the Vendor has been advised of the possibility of these. The following expressions in these Conditions shall mean respectively: - “the Vendor” FENCING AND GATES (The web-trading division of Burbage Iron Craft Ltd) “the Purchaser” the person, company or body buying or offering to purchase Goods “Goods” products contracted for and/or supply by the Company from time to time The content of and copyright in the site is owned or licensed to the Vendor. Viewing, printing and copying for your personal use is permitted. Any other use must be with the prior written consent of the Vendor. The Vendor reserves the right to suspend, restrict or terminate the use of the website at any time. The Vendor does not warrant that the functions contained in this site or its content will be uninterrupted or error-free, that defects will be corrected, or that its servers are free of viruses or other harmful components. Information, materials and graphics available on this site may be incomplete, out of date or incorrect. The information on this site may be subject to change without notice WEBSITE CONTENT: DISCLAIMER AND LIMITATION OF LIABILITY The Vendor makes no representations or warranties with respect to any information, material or graphics on the site. All warranties, obligations, representations liabilities, terms or conditions (whether express or implied, or arise in contract, statute, or otherwise and irrespective of the negligence of the Vendor, its employees or agents) are expressly excluded in connection with the information on this site. There may be links which will allow you to leave the site or that will allow access of the site from third party sites. Linked third party sites are not under the control of the Vendor and the Vendor is not responsible for the content of these sites or any links from them. Existence of links to other sites is not an endorsement by the Vendor of products or services contained therein. PURCHASING The following terms are the Vendor’s standard terms and conditions for sale. The Vendor contracts for the supply of Goods only on these terms. The Purchaser accepts that these terms shall govern relations between itself and the Vendor to the exclusion of any other terms including conditions, warranties and representations written or oral, express or implied even if contained in any of the Purchaser’s documents which purport to provide that the Purchaser’s own terms shall prevail. Quotations are tendered without engagement and are subject of confirmation upon receipt of order. Quotations remain valid for a period of 30 days. Contracts, once accepted, cannot be varied or cancelled except with the written consent of both parties and then only on terms, which fully indemnify the Vendor against any loss, caused directly or indirectly to the variation or cancellation. Representations concerning the Goods, their storage, application or use, made by the vendor’s employees and agents are not valid unless confirmed by the Vendor in writing. The Purchaser acknowledges that it does not rely on, and waives any claim for breach or any such representations, which are not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issues by the Vendor shall be subject to the corrections without any liability of the part of the Vendor. The Vendor reserves the right to modify any of their goods without prior notice provided that such modification shall not affect the form, fit, function or maintenance of the relevant Goods. Goods offered “ex stock” is subject to prior sales. All prices are C.I.F. and include VAT at the standard rate. (unless expressly so stated) The Vendor reserves the right to amend the price of a contract between the date of acceptance of an order and final delivery of Goods. If the Vendor considers such a course is necessary due to any factor beyond the control of the Vendor (such as but without limitation any foreign exchange fluctuation, currency regulation, alteration of duties or significant increase in the cost of labour, materials or other costs of manufacture) or any change in delivery dates, qualities, quantities or specification of the Goods which is requested by the Purchaser or any failure of the Purchaser to give the Vendor inadequate information or instructions. Delivery of the Goods shall be made by the Vendor delivering the Goods to the Purchasers address or, if some other place of delivery is agreed by the Vendor delivering the Goods to that place. Any time stated for delivery are estimates only and time shall not be the essence of the contract save where the Vendor specifically so agrees in writing under the hand of a director. If the Vendor is for any reason whatsoever not ready to make delivery within the time specified the Vendor shall not be liable for any loss or damage whatsoever sustained by the Purchaser. The Goods may be delivered by the Vendor before the due delivery date upon giving reasonable notice to the Purchaser. If the Purchaser fails to take delivery of the Goods or fails to give the Vendor adequate delivery instructions at the time stated for delivery the Vendor may (without prejudice to any other right or remedy available to the Vendor): - store the Goods until actual delivery and charge the Purchaser for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the contract or charge the Purchaser for any shortfall below the price under the contract. PAYMENT The Purchaser must pay with order or otherwise before delivery, the price of the Goods. or (b) shall have failed to take delivery of the Goods; then, (without prejudice to any right or remedy available to it) the Vendor reserves the right to stop manufacture, delivery or performance under any contract and performance by the Vendor will only recommence upon payment in full by the Purchaser of all outstanding amounts due on due completion of the Purchaser’s obligations hereunder. If the Vendor exercises its said rights any Goods to be delivered to a Purchaser following default shall be paid for on pro forma invoice before or at the time of despatch of the Goods and payment will become due on receipt of such pro forma invoice. The Vendor shall not be liable for loss of any nature suffered by a Purchaser as a result of the application of this condition nor shall it be reason for the cancellation by the Purchaser of this or any other contract which shall at the Vendor’s option remain in full force and effect. The Vendor may charge interest at a rate of 2 per cent per annum above the base rate from time to time of the Vendor’s bankers on any overdue payment or in respect of any delivery not taken by the Purchaser. Notwithstanding that credit may have been given to the Purchaser under the Contract, the Vendor shall in its discretion be entitled to retain possession of the Goods or any of them until payment has been received from the Purchaser in full. Without prejudice to any right which the Vendor may have, the Vendor shall be entitled to exercise a general lien or right of retention of all Goods in the Vendor’s possession which are or are intended to become the Purchaser’s property in regard to all monies due to the Vendor from the Purchaser, Pursuant to such lien or right the Vendor shall be entitled without notice to the Purchaser to sell all or any of such Goods in any manner and to keep the proceeds in diminution of such monies and of all costs and expenses incurred of effecting such sale. Payment shall be made at such place and in such currency as the Vendor may direct. (a) Risk in the Goods shall pass to the Purchaser immediately on delivery to the Purchaser or into custody on the Purchaser’s behalf whichever is the sooner. (b) Notwithstanding delivery, the Goods shall remain the absolute property of the Vendor (who reserves the right to dispose of them) until the Vendor has received the full price for the Goods and the full price for any other Goods for which payment is due from the Purchaser on or before payment of the price of the Goods. (c) Until property in the Goods passes to the Purchaser the relationship between the Vendor and the Purchaser shall be that of bailor and bailee and the Purchaser shall store the Goods in such a way that they are readily identifiable as the property of the Vendor. (d) If before the property in the Goods passes to the Purchaser the Goods are sold by the Purchaser, such sale or sales shall be deemed to be on behalf of the Vendor, but without imposing any liability on the Vendor to the sub-purchaser, and the Purchaser shall hold such part of the proceeds of sale or rights arising therefrom against the sub-purchaser as represent the sum due to the company for such Goods as trustee for the Vendor and Purchaser shall keep such part of the proceeds of such sale separate from its other monies and account to the Vendor accordingly. (e) If payment of the price of the Goods or any part of it is overdue or if it appears to the Vendor that the Purchaser is or may be insolvent, the Vendor may require the Purchaser to deliver up the Goods to the Vendor and, if the Purchaser fails to do so forthwith, the Purchaser shall permit the Vendor to recover and resell the Goods and by its servants or agents enter upon the Purchaser’s premises (or such other the premises where the Goods are stored or situated) for that purpose. (f) The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Vendor but if the Purchaser does so or purports to do so, all monies owing by the Purchaser to the Vendor shall (without prejudice to any other right or remedy of the Vendor) forthwith become due and payable. DAMAGE IN TRANSIT The Vendor will only accept liability for: - damage to the Goods caused in transit if the same is externally visible, is notified to the Vendor and the carrier (if not delivered by the company) on receipt of Goods by the Purchaser and if the Goods so damaged are immediately returned to the Vendor or the carrier (whichever is applicable); non-arrival, if the same is notified to the Vendor within 7 working days from the day that the Vendor informed the Purchaser that the Goods or the relevant consignment thereof were due to arrive. Where the Vendor accepts responsibility under this clause, it may, at its sole option, credit the Purchaser’s account or repair or replace (as the case may be) those of the Goods, which are proved to the Vendor’s satisfaction to have been so lost or damaged. The Vendor shall be relieved of its obligations under any contract to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence wholly or partially by any cause beyond the Vendor’s control including Act of God, war, invasion, act of foreign enemy, hostilities (whether war has been declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or any such event or by any statute rules regulation order or requisitions issued by any government, council or duly constituted authority or from strikes, lock outs or breakdown of plant. The Purchaser shall forthwith indemnify the Vendor on a full indemnity basis against all or any liability cost or expense of whatsoever nature incurred by the Company due to an alleged or actual infringement of any intellectual property right or otherwise arising out of Goods manufactured or services provided by the Vendor to the Purchaser’s order and in accordance with any samples, designs, specifications and/or instructions given by the Purchaser to the Company. The Vendor shall be entitled to sub-contract all or any of its obligations hereunder. DRAWINGS ETC (a) All descriptive and forward specifications drawings and other particulars submitted with the Vendor’s tender are approximate only and intended merely to present a general idea of the Goods described therein and none of these shall form part of a contract. Drawings and all details thereon are private and confidential to the Vendor and all intellectual property in the Goods and the Drawings vest in and belong to the Vendor unless the Vendor and the Purchaser otherwise agree in writing prior to the date of contract and subject at all times to the overriding rights in any such intellectual property vested in any third party. (b) The Purchaser acknowledges it is solely responsible for ensuring the accuracy of any of the terms of any order (including any applicable specifications) and shall remain liable to pay the Vendor in respect of any materials ordered or used or if the Goods have been manufactured or any process has been applied to the Goods by the Vendor in accordance with such specifications. Where the Company or its authorised agents are to carry out work or operation upon premises at the direction of the Purchaser, such premises and any machinery involved and all other arrangements affecting the work or operations must be made ready by the Purchaser for the time scheduled for the Vendor to enter upon the premises to commence such work or operations. The Purchaser undertakes that there will be no delay to the works or operations caused directly or indirectly by the said premises, machinery, operations or the state and condition thereof for which the Vendor is not responsible. Any breach of this Clause by the Purchaser shall entitle the Vendor to exercise its rights under Clause 17 hereof. If any provision of these terms and conditions is held by any court or other competent authority to be void or unenforceable in whole or part these terms and conditions shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. Any waiver by the Vendor of a breach of any provisions of these terms and conditions shall not be considered as a waiver of any subsequent breach of the same or of any other provision hereof. Any payment to be made by the Purchaser to the Vendor shall be made in full without any set off or deduction therefrom or any counterclaim or claim to a lien whatsoever. These conditions and any contract hereunder shall be governed by and construed under English law and the Vendor and the Purchaser hereby submit to the non-exclusive jurisdiction of the English Courts. Any notice or document required or permitted to be given to or served on one party hereto by the other shall be in writing and shall be given or served by delivering or despatching the same by first class post or by hand on the recipient (or an authorised officer thereof) to its registered office if a company and (if not) to the party’s last known address. Provided that where necessary the despatch of such notice or document has been property pre-paid the same shall, in the case of delivery by hand, conclusively be deemed to have been received at the time of such service and shall, in the case of delivery by first class post, conclusively de deemed to have been received at the time of such service and shall, in the case of delivery by first class post, conclusively be deemed to have been received at the commencement of the first business day next commencing more than 24 hours after despatch. |