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- In the following terms and conditions “The Company” means Cartmore Building Supply Co Ltd.
- All rates and prices quoted are strictly net, except where otherwise stated in writing by the company. The rates and prices are based on costs ruling at the time and are subject to variation without prior intimation and are not subject to negotiation in the event of any alteration in such rates and prices. In addition VAT will be charged, where appropriate, at the prevailing rate.
- A quotation by the Company is not a contract to provide supplies or materials or carry out work and no order placed in response to a quotation will be binding until accepted by the Company in writing by reference to these terms and conditions of sales.
- Where delivery of supplies or materials is quoted “ex-stock,” offers are subject to supplies or materials being unsold on receipt of order.
- When the period of time required for delivery of supplies of materials is indicated by the Company the period shall commence from receipt by the Company of a written order to proceed, together with all relevant information which the company deems necessary to enable the Company to do so.
- All reasonable effort will be taken to ensure delivery of supplies or materials within the period indicated in the quotation or agreed between the Customer and the Company but the date of delivery of supplies or materials will not by deemed to be of the essence of the contract and accordingly the Company does not accept any liability for damage or consequential loss arising from non-delivery or delay in delivery of supplies or materials resulting from interruption at the Company’s premises, the Company’s supplier’s works or in transport services through strikes, lockouts, or any other cause within or without the Company’s control
- Claims for supplies or materials damaged on delivery and for short delivery can only be considered when the Company’s delivery note is clearly endorsed to indicate the nature and extent of the claim at the time of delivery.
- ) The Company’s liability on supplies or materials reported and agreed by the company to be defective is limited to free replacement on the same delivery/uplift basis as the defective goods. The Customer by acceptance of these terms hereby confirms the said limit of the Company’s liability as previously stated. For the avoidance of doubt, under no circumstances shall we be liable, in contract, delict (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof (i) for loss of profit, business, contracts, revenues, or anticipated savings, or depletion of goodwill, (ii) for any special, indirect or consequential damage of any nature whatsoever, or (iii) damages arising from consequential loss following the carrying out of any unauthorised remedial work.
- Whilst we are happy to provide advice and information to the best of our reasonable knowledge and ability, we shall not be liable for any issues developing from actions taken as a result of such advice and information.
- If and to the extent that s.6 and/or s7(3A) of the Unfair Contract Terms Act 1977 applies to the order, no provision of these terms and conditions shall operate or be construed to operate so as to exclude our liability for breach of express warranties or for breach of warranties as to title and quiet possession nor shall any provision of these terms and conditions have effect or operate so as to exclude any liability of one of the parties in respect of fraud or a fraudulent misrepresentation made by that party to the other, or to restrict or exclude any remedy which the other party may have in respect of such fraud or fraudulent misrepresentation.
- When unloading is not completed within one hour of arrival of the Company’s vehicle at the site, waiting time at the current rate of lorry hire will be charged to the Customer on the period of time the Company’s vehicle is detained in excess of one hour.
- Where supplies or materials provided differ in any detail from the description on which the Company’s quotation was prepared, the Company reserves the right to adjust its price. Where a difference in quantity is involved, the adjustment in respect of this will not necessarily be on a pro rata basis and the Company reserves the right to charge at its sole discretion such price as the Company shall deem appropriate. The Customer by the acceptance of these terms hereby bind and oblige themselves to make payment of such price in accordance with these Conditions of Sale.
- The Company cannot accept cancellation of any order other than in terms which are agreed by the Company in writing with the customer.
- The property and ownership of any materials, fittings and parts or materials supplied by or through the Company will remain with the Company until such times as full payment has been made therefore ownership in respect of any of the foregoing items will not pass to the Customer or any agent or other person, body or receiver or liquidator appointed to act on their behalf prior to payment being received. For the avoidance of doubt delivery in law is not presumed to have taken place until such times as full payment has been made in terms of the foregoing.
- Payment for supplies or materials is due by the last day of the month following the month of delivery for credit accounts, for all
non-credit sales, payment is required no later than “on delivery.”
- If payments for supplies or materials delivered are not made in accordance with Clause 13 hereof the Company shall be entitled to charged the Customer interest on the balance or balances outstanding and due by the customer at the rate of 2.5% per month, compound rate month to month in arrears until said balance or balances outstanding are settled and payment has been made in full.
- The foregoing terms and conditions supersede and exclude all general or special terms and conditions imposed or sough to be imposed by the customer at any time in relation to any order arising from any dealings with the Company, either verbally or in writing.