TERMS AND CONDITIONS OF MANOR BRICK CENTRES LIMITED
1. APPLICATION OF TERMS All sales of goods made by the Company shall be on these terms. In the event of any person (hereinafter called ‘the Customer’) giving an order to the Company which is purported to be accepted by the Company the sale shall be governed by these terms to the exclusion of any other terms, warranties or representations, written or oral, express or implied, even if contained in the Customer’s order.
2. CONTRACT The Contract between the Company and the Customer is constituted by the Company’s acceptance, subject to these terms and conditions, of the Customer’s order. No quotation of the Company forms any part of the Contract. No order shall be binding on the Company unless accepted in writing by the Company.
3. LIABILITY No warranty, condition, description or representation on the part of the Company is given or is to be implied from anything said or written in the negotiation between the Company and the Customer prior to any contract incorporating these Conditions and all conditions, warranties and terms, whether statutory, express or implied or otherwise (save as to title and save as may be expressly set out herein or in any written memorandum or contract incorporating these Conditions), are excluded and (save as aforesaid) no liability for loss or damage of any kind whatsoever can be accepted by the Company (provided always that where the Customer deals as a consumer as defined in the Unfair Contract Terms Act 1977 the Company does not exclude the implied undertakings in Section 13-15 of the Sale of Goods Act 1979).
4. VARIATION No variation of these terms and conditions of the Contract shall be effective unless agreed in writing by an authorised officer of the Company.
5. CANCELLATION Orders may only be cancelled with the Company’s consent and in the event of any such cancellation the Company shall be entitled to be paid any cost, loss or damage incurred with regard to the order.
6. PRICES (a) All goods will be invoiced and paid for at the Company’s prices current at the date of despatch, such prices overruling all previous quotations or orders, unless otherwise agreed in writing. Any acceptance of order is on this strict basis. The Company does not hold itself responsible to notify any increase in prices. (b) Price of the goods is inclusive of freight and carriage unless otherwise specified but exclusive of VAT and all other applicable taxes and duties. The price is fixed only where the Company has expressly so stated in writing and has given the period during which the price will remain fixed.
7. PAYMENT (a) Subject to the granting of credit by the Company to the Customer, payment for goods shall be made in cash nett with order, and delivery shall not be made until payment in full has been received by the Company. (b) Any grant of credit must have been agreed in advance in writing by a Director of the Company. Payment is then (subject to subclause b) due by the by the end of the month following delivery. (c) The Company has the right to withdraw credit at any time by notice in writing. (d) Should the Customer fail to pay the whole amount of any sum due under the Contract by the due date the full balance outstanding on any account shall then become payable forthwith and the Company shall further be entitled to cancel and/or suspend supplied of goods or services under any Contract between the Company and the Customer. (e) Should the Customer default in any of its commitments with the Company or suffer any distress or execution upon its property or make or offer to make any arrangement or composition with creditors or have an interim order made against it under the Insolvency Act 1986, or if a receiver or an administrator is appointed over its assets or a resolution or petition to wind-up its business or appoint an administrator is passed or presented then the Company shall be entitled to immediate payment of all sums then or thereafter due to the Company from the Customer in respect of goods then already delivered to the Customer and the Company shall be entitled to cancel or suspend the undelivered part of any order without giving rise to any claims whatsoever by the Customer and without prejudice to the exercise of any other rights of the Company.
8. DELIVERY (a) Any dates or times given by the Company to the Customer for delivery of goods, including supplementaries or extensions to orders, are estimates only. While the Company will always endeavour to meet dates or times given or specified by either party, no such dates or times shall be binding on the company or form part of the Contract. (b) The Company shall be entitled to make part delivery of goods and the Customer shall be bound to accept delivery and make payments in respect of such part. (c) The charges for transport and delivery shall be paid for by the Customer at the rate in force. The Customer shall be responsible for ensuring that delivery is effected promptly and without cost to the Company and the Company will be entitled to charge the Customer for any undue detention of vehicles at its then rate in force. (d) Delivery will be at the nearest point via and on a hard road suitable for heavy vehicles. The Customer shall be responsible for damage to vehicles or property in deliveries involving the passage of vehicles, goods or equipment over gratings, drains, roads, pavements, forecourts, yards, asphalt paths, or any like areas. (e) Notification of short deliveries or loss or damage to goods in transit must be made in writing to the Company within three working days of the date when the goods have or should have been delivered. The company shall be under no liability therefore unless such notification is made and confirmed. (f) The Customer may collect goods from the Company’s premises only by agreement with the Company and on presentation of an authorised collection note, and at dates and times, and by entrance and exit roads specified by the Company. (g) Where the Company undertakes delivery, risk passes on delivery. Where sale of goods is ex-Manor Brick for collection by the Customer the risk passes to the Customer 7 days after the date of notification to the Customer that the goods are ready for collection or on collection if sooner. (h) Unless the Company receives written notice from the Customer that delivery is to be made only to a specific person any person accepting delivery on site shall be deemed to have the Customer’s authority to give instructions as to delivery including where applicable the addition of substances to the goods delivered.
9. SAMPLES Samples are submitted expressly without any guarantee as to dimension, colour or quality of the bulk. All quotations are made on the basis that the sales are by description and not sample. References to British Standards or other Specification, code of Practice, technical data or reports in any literature, quotation, order or contract of the Company are intended to be a guide only. If the Customer intends to rely on any such matter as a term of his Contract, he shall stipulate the same in writing at the time of placing the order. If the Company accepts any such conditions, they will be stated in writing on the acceptance of the order. Customers must satisfy themselves that the type of brick, pavior or other goods ordered is suitable for the particular use intended.
10. RISK AND TITLE (a) All risk of loss or damage to the goods, howsoever caused, shall pass either on delivery to the site nominated by the Customer or immediately upon loading where the goods are collected from the Company’s premises by the Customer or on his behalf. The Company accepts no liability whatsoever for damage caused to the goods during unloading except where its drivers or agents are solely involved. (b) Title in the goods remains vested in the Company and shall only pass from the Company to the Customer upon full payment being made by the Customer of all sums (due on whatever account or grounds) to the Company its parent company or any company nominated by the Company. In the event of the goods being sold by the Customer in such manner as to pass to a third party a valid title to the goods, whilst any such sums are due as aforesaid, the Company’s right under this condition shall attach to the proceeds of such sale or to the claim for such proceeds and the Customer shall place such proceeds in a separate account. Nothing herein shall constitute the Customer the agent of the Company for the purpose of any such sub-sale. (c) The Customer agrees that prior to the payment of the whole price of the goods the Company may at any time enter upon the Customer’s premises and remove the goods therefrom and that prior to such payment the Customer shall keep such goods separate and identifiable for this purpose. (d) In the event of the goods becoming constituents of or being converted into other products whilst sums are due as provided in sub condition (b) hereof the Company shall have the ownership of and title to such other products as if they were the goods and accordingly sub condition (b) hereof shall so far as appropriate apply to such other products.
11. SPECIFICATIONS The Company shall not be under any liability in respect of specifications, illustrations or other matter in relation to goods contained in any material such as brochures price lists, trade publications, descriptive or advertising matter or delivery tickets apart from that contained in the contract itself.
12. CONSEQUENTIAL LOSS The Company shall not in any event whatsoever be under any liability to the Customer in respect of consequential loss or damage whether direct or indirect and however arising under this agreement.
13. CHANGE OF ACCOUNT NAME OR COMPANY NUMBER Liability will remain with the Customer unless and until an application for credit facilities in a new name or company number, is completed and approved in writing by a director of the Company. Normal account application procedure and Company policy will apply to the new application.
14. LAW The law applicable to this Contract is English Law, and the parties hereby submit to the exclusive jurisdiction of the English Courts.
15. FORCE MAJEURE The Company shall not be under any liability for any delay loss or damage caused wholly or in part by act of God, government restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not by reason of any other act, matter or thing beyond its reasonable control.
16. SEVERANCE If any clause or sub-clause herein is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other clauses or sub-clauses and the remainder of the provisions in question shall not be affected thereby.
17. PRODUCT SUITABILITY Before using these products please ensure that colour, shape, size and texture are to your satisfaction as no complaint regarding the above will be entertained after the products are 1. Placed in work OR 2. Their behaviour in work. It is strongly recommended the products be selected from a number of packs on site to achieve the colour blending as laid down in BS5628 part 3.
18. AMENDMENTS The Company reserves the right to amend these Conditions at any time without prior notice being given to the Customer.