CONTRACT:
1. BASIS OF CONTRACTÂ
In these conditions or sale, the term ‘the seller’ is Quelfire Ltd currently trading at Unit 4, Spitfire Road, Wardle, Nantwich, Cheshire, CW5 6HT but shall include any premises from which Quelfire Ltd may operate in the future. The term ‘the buyer’ refers to any person, firm or company whether incorporated or not which purchases any goods of whatever nature whether manufactured by the seller or not and which are sold by the seller to the buyer. The placing of any order whether verbally or in writing by the buyer shall constitute unqualified acceptance of these conditions.
Orders once accepted cannot be cancelled except by mutual agreement and then only in terms that would fully indemnify the seller.
We shall not be liable for any loss or damage whatsoever arising from our failure wholly or in part to perform the contract by reason of: Default by our suppliers or any cause whatsoever beyond our control.
In no circumstances whatsoever shall we be liable for consequential loss.
Orders will only be despatched at price ruling at time of despatch. We reserve the right to alter the specification of, or to withdraw any item without prior notice.
2. BUYERS CONDITIONS
Buyer’s standard conditions of purchase shall not apply unless specifically accepted in advance.
3. VALUE-ADDED TAX
It is a condition of sale that the full amount of VAT shall be paid at the same time as payment is made for the relative goods.
4. TERMS OF PAYMENT
We may require payment in full or in staged payments at or prior to delivery of goods. Unless such requirement is made payment shall to the seller 30 days from the end of month following invoice. These are nett terms, no discounts are allowed.
The seller reserves the right in the event of failure by the buyer to make any payment when it becomes due, to defer to cancel any further deliveries and to charge interest on any sum outstanding at 1.5% per month thereafter.
5. RISK AND BENEFICIAL OWNERSHIP
The risk in all goods supplied shall pass to the buyer on delivery. Indemnity in respect of any damage or injury to the person or property for which the seller shall become liable in connection with goods sold shall be the responsibility of the buyer.
The property in all goods supplied shall remain with the seller until payment in full of all monies due.
Cheques shall not be treated as payment until cleared.
Until payment the buyer shall hold the goods as Bailee and shall store them in such a way that they are ascertainable as the separate property of the seller.
The buyer may sell the goods in the normal course of business but shall hold in trust to the seller such part of the proceeds as shall be equal to the amount due to the seller.
6. CARRIAGE
The buyer must notify the seller and (if appropriate) the carrier, of the non-receipt of any goods by the buyer within 3 days of receipt, failing which the seller shall be under no liability in respect thereof to the buyer.
The Buyer shall hold the seller indemnified against any loss or damage arising through the failure of the buyer to give notification of non-receipt of damaged goods within the time limits specified in (A).
The buyer must notify the seller in writing of faulty goods within the time limits specified in (A).
7. SPECIFICATIONS
All goods are produced in accordance with standard specifications stated in the Seller’s official datasheets. In no circumstances whatsoever shall liability to the buyer arising out of or in connection with goods supplied exceed the invoice price of the particular item(s) in regard to which complaint is made and no additional allowance will be made for rectification. The seller reserves the right to amend any specification without notice.
8. LIABILITY
The seller warrants that all goods supplied shall be merchandisable quality and will replace or, at his option, repair all such faulty goods notified by the buyer in writing within 14 days of delivery. All other guarantees, warranties, conditions or representation express or implied are excluded and the seller, apart from his liability to replace the faulty goods in accordance with these terms, shall not be liable for any loss, damage, or injury whatsoever, consequential or otherwise due to or caused by any defects or deficiencies in or by the use of goods supplied.
9. FORCE MAJEURE
All quotations are subject to variation or cancellation caused by Force Majeure, war, strikes, lockouts, trade disputes, fire, flood, tempest or any other cause beyond the control of the seller. Furthermore, any unforeseen increases in cost of materials, arising to prior to the execution of any order shall be for the buyers account unless expressly agreed in writing and the opportunity given to re-quote.
10. RETURN OF GOODS
When orders have been correctly executed by us, goods may only be returned with our prior permission, providing the claim is notified within 14 days of buyer receiving the goods. A deduction of at least 25% will be made from the credit note as a handling charge.
11. DELIVERY
Any stipulated dates or period for delivery are estimates only. We shall not be liable for any expenses or direct or indirect consequential or contingent loss or damage arising from the delay in delivery of goods to the buyer. Such delay shall not give rise to the right of the buyer to treat the contract, as repudiated or to reject the odds and we shall have extra time as deemed necessary to deliver the goods to the buyer.
Failure by us to make any instalment or partial delivery shall not affect the contract for the balance of the goods. We shall have the right to make partial or instalment deliveries of the goods and the buyer shall accept such instalments or partial delivery. Each instalment or partial delivery shall for the purpose of payment be deemed a separate transaction and may be invoiced separately.
Upon delivery, the goods shall be at the buyer’s risk but the property in the goods shall not pass to the Buyer until such time as payment for the goods shall have been made.