The Company contracts on the basis that the Purchaser is bound by these conditions of Sale (whether or not a quotation is given by the Company). Where there is any inconsistency between these Conditions of Sale and any Conditions or other terms, which the Purchaser seeks to impose, these Conditions of Sales shall prevail, unless the company has specifically agreed in writing alternative Terms and Conditions.
2. VALIDITY OF QUOTATION
No binding contracts shall be created by the acceptance by the Purchaser of the Company’s quotation until an acknowledgement of the order has been given in writing by the Company, or the Company has acknowledged the order by making delivery of the goods.
Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of delivery and any other price list of the Company whether published or not shall apply. All prices are subject to Value Added Tax or any similar tax or duty on goods.
Until such time as the Company has confirmed credit account facilities in writing, payment shall be due in full on or before delivery, and the Company may withhold delivery accordingly.
The Company shall be entitled to charge interest on overdue accounts at 2% per month and to suspend deliveries without notice of any of the Purchaser’s orders or to cancel such orders if any payment from the Purchaser becomes overdue (or if the Purchaser being a company has a receiver appointed or goes into liquidation or being an individual commits an act of bankruptcy or has a receiving order made against him). Where the contract provides for separate instalments, deliveries or parts, payment for each instalment, delivery or part shall be made as if the same constituted a separate contract.
The Company and the Purchaser expressly agree that until the Company has been paid in full for all goods, such goods shall remain the property of the Company and the Purchaser shall hold them as Bailie. If the Purchaser sells the goods before payment in full has been made and if the Company requires, he shall hand over to the Company all claims for payment against the sub-purchaser. So long as the property in the goods remains in the Company the Company shall have the right, without prejudice to the obligation of the Purchaser, to purchase the goods, to take re-possession of the goods and for that purpose to go upon any premises occupied by the Purchaser. The Company may maintain an action for the price of the goods notwithstanding that property in the goods may not have passed to the Purchaser.
6. LOSS OR DAMAGE IN TRANSIT
In the event of damage or shortage, the Company will not be liable unless the Purchaser shall have notified the Company in writing within two working days of delivery.
Any items quoted for dispatch, repair or replacement are to be treated as estimates only and the Company shall not be liable for any delay unless the Purchaser has suffered loss thereby and the amount payable in respect thereof shall have been agreed in writing as liquidated damages prior to the creation of a binding contract between the Company and the Purchaser in which case the Company’s liability shall be limited to the amount so agreed to be paid. In any event, the time for dispatch shall be extended by a reasonable period if delay is caused by the Purchaser, or by industrial dispute, or by any cause outside the Company’s control.
8. WARRANTY AND EXCLUSION
The Company will give the Purchaser the benefit of any warranty it receives from its supplier but shall not be liable for any claim or claims for any indirect or consequential damage or loss (including loss of profit) arising from any breach by it or its contract or any defect in the goods PROVIDED that this exclusion shall not apply to death or personal injury or to liability for breach of obligation under Section 13, 14 or 15 of the Sale of Goods Act 1979 as against a Purchaser who is a “consumer” as defined by Section 12 of the Unfair Contract Terms Act 1977.