Terms & Conditions of Sale
In the following conditions ANDERTON CONCRETE PRODUCTS shall be referred to as the COMPANY and the COMPANY who place the order shall be referred to as the PURCHASER.
1. A contract between the COMPANY and the PURCHASER is not deemed to exist until such time as the COMPANY issues an acknowledgement of order. The following conditions will then apply and the COMPANY will not accept any other form of contract or conditions unless it is specifically agree in writing by the COMPANY.
2. All prices are quoted exclusive of Value Added Tax.
3. Orders are accepted by the company on the understanding that all goods supplied to the PURCHASER will be charged at prices ruling at the date of despatch from the works unless otherwise agreed by the COMPANY in writing.
4. The PURCHASER is due to settle his account with the COMPANY by the end of the month following the month of despatch or in the event of the PURCHASER being unable to accept goods the month the goods are available for despatch.
5. The company reserves the right to recover the goods and cancel the contract without any liability consequential or otherwise in the event of payment for the goods not being made as in Clause 4. The PURCHASER will remain liable for any costs and any loss in profit incurred by the COMPANY.
6. The COMPANY reserves the right to withhold goods from the PURCHASER without any liability whatsoever against the COMPANY whether consequential or otherwise where the PURCHASER has failed to pay for previous deliveries as in Clause 4 above or where an order would cause a PURCHASER to exceed his credit limit with the COMPANY.
7. Goods which are offered by the COMPANY ex-stock are subject to those goods being unsold upon receipt of a written order from the PURCHASER
8. When the COMPANY indicates an anticipated delivery date before an order is placed it is based on the workload and availability of materials at that particular time. This can change by the time an order is placed. The COMPANY will endeavour to deliver goods at the times and dates given, it will not accept any liability whether consequential or otherwise for any losses or additional costs incurred by the PURCHASER which results from any delay in delivery of goods, neither will the COMPANY accept a cancellation of an order through late delivery once work on the PURCHASERS order has commenced.
9. The liability of the COMPANY on defective goods is limited to exchange of those goods and the COMPANY will not be responsible for any loss or additional costs incurred by the PURCHASER whether consequential or otherwise resulting from the supply of defective goods.
10. When the COMPANY supplies goods to the PURCHASERS design and or specification no guarantee is given or implied by the COMPANY related to the design of those goods unless detailed working drawings are supplied by the PURCHASER. No liability will be accepted by the COMPANY for losses or additional costs incurred by the PURCHASER whether consequential or otherwise resulting from the goods being incorrectly manufactured and the PURCHASER will be liable to pay the full price of the goods as in Clause 4.
11. Stock items are supplied by the COMPANY in accordance with their standard method of manufacture and the COMPANY reserves the right to make changes in design and specification without any liability consequential or otherwise to the PURCHASER.
12. The COMPANY has limited storage space and the PURCHASER must make his own arrangements to have materials stored elsewhere at his own expense in the event of goods being ready for despatch and the PURCHASER being unable to accept delivery of goods for more than a period of 14 days. The COMPANY will charge the PURCHASER for storage thereafter.
13. The PURCHASER is responsible for unloading delivery vehicles and will be liable to the COMPANY for the costs of any excess waiting time. Any unloading assistance given by the COMPANY, including crane off-loading, does not in any way alter the PURCHASER’S responsibility for the unloading or for any liabilities that arise from the unloading.
14. A responsible representative for the PURCHASER must be available to accept delivery of goods and sign the COMPANY’S delivery notes. The COMPANY will not accept any claim by the PURCHASER in the event of goods being damaged, visibly defective or dimensionally incorrect on arrival, unless the COMPANY is notified by the PURCHASER within one working day of delivery and this must be confirmed by facsimile within three working days of delivery. The COMPANY will not accept a claim from the PURCHASER resulting from any other type of defect or complaint unless it is notified following the same procedure within the same time scale measured from the time the defect is first detected or the complaint first arises.
15. The COMPANY will not accept any liability for any shortage in quantities where the shortage is not indicated by the PURCHASER’S representatives on the COMPANY’S copy of the delivery notes.
16. If a PURCHASER’S representative is not available to accept the delivery of the goods, the COMPANY will unload the vehicle if the circumstances allow, providing the PURCHASER instructs the COMPANY to do so. In such circumstances, the PURCHASER’S liabilities will remain the same as if a PURCHASER’S representative was available to accept delivery of the goods.
17. The COMPANY contracts to deliver to roadside from a suitably made up road. If the PURCHASER requires the COMPANY’S vehicle to leave the road, the PURCHASER will be responsible for any damage to the vehicle, the property over which the vehicle moves or any other claims resulting from the vehicle leaving the road. Similarly the PURCHASER will be responsible for any damage to property or injury to persons during unloading.
18. If a PURCHASER cancels an order the PURCHASER will be liable for any costs the COMPANY has or will incur and for any loss in profit the COMPANY suffers.
19. The risk in the material passes the PURCHASER upon delivery. No title interest in the goods shall pass to the PURCHASERS until the whole of the amounts owing by the PURCHASER to the COMPANY (whether in respect of the goods or otherwise) has been discharged. Until the title passes to the PURCHASERS, the PURCHASERS shall hold the goods as bailee of the COMPANY with revocable authority as agents to sell the same on behalf of the COMPANY. The COMPANY may at any time:
a) require any of the goods so held by the PURCHASERS as bailee to be stored separately by the PURCHASERS;
b) require any money owing to or paid to the PURCHASERS the goods are sold by the PURCHASER to be separately unaccounted for in the PURCHASERS accounts (such accounts to be available for inspection by the COMPANY);
c) enter upon the premises of the PURCHASERS and recover the goods in event of nonpayment of any amounts due to the COMPANY or non-observance by the PURCHASERS of any of its obligations under this clause.
20. Warranty. No Representation or Warranty is given as to the suitability or fitness of the goods for any particular purpose and the buyer shall satisfy itself that the goods are fit for the purpose for which they will be used.