1. General. The Company submits all quotations and accepts all orders subject to the following standard conditions, which shall apply to all goods supplied or work done hereunder by The Company, its servants, agents or sub-contractors to the exclusion of all other conditions and warrants whether expressed or implied. No variation of these conditions shall have any effect unless expressed in writing by The Company.
2. Validity. Unless previously withdrawn, quotations and tenders are open for acceptance within 60 days only from the date thereof.
3. Quotation and Price Lists. Quotations shall not be deemed to constitute an offer and no contract shall come into existence unless and until The Company have accepted in writing The Buyers official order to carry out the service or supply the materials specified in the quotation.
Unless otherwise stated, quotations are submitted on prices ruling at the date of issue.
No provision is made for VAT, import duties, district surveyor or local authority fees or for any other charges that may be levied under the authority of H.M. Government or the Government of the country or state of The Buyer or his agents, servants or sub-contractors and acceptance is subject to the payment by The Buyer of all such taxes, duties, charges and or fees.
Quotations are made on the assumption that The Buyer has taken all necessary steps to ensure that the work to which quotations and specifications refer is acceptable to all appropriate authorities and for ensuring that the structure of the building and floors will be suitable for the proposed works.
Contracts and orders are accepted only upon and subject to The Company's terms & conditions of sale as herein provided. Unless expressly accepted in writing any qualifications of these conditions in a Buyers form will be considered inapplicable.
4. The Payment. Unless otherwise stated by The Company our terms of payment are net 28 days to approved accounts. For all other customers we require 1/3rd deposit with order, 1/3rd will be due on delivery of materials and the balance 7 days from satisfactory completion. Interest at 2.25% per month over HSBC base rate will be charged on overdue invoices.
All payments to be made on or before the due date as a condition precedent to future deliveries.
Should there be a default in payment The Company reserves the right to withdraw any previously agreed discount or special terms and to charge interest on overdue monies at 2.25% above the current HSBC rate p.c.m. In the event of default of payment The Company reserves the right to stop work on the contract and to take any action it deems necessary to recover the debt without prejudice. The ownership of the materials delivered by The Company will only be transferred to The Buyer when he has met all that is owing to The Company.
5. Cancellation. In the event of cancellation of the order by The Buyer, The Company without prejudice to any other rights shall be entitled to demand immediate payment of all goods and or equipment delivered to site, any transport charges, drawings and other work carried out.
6. Delivery. Normally 2-3 weeks from written approval of working drawings or Building Regulation approval if applicable. The Company shall not be held liable for any delay arising out of strikes, walkouts or non-delivery of materials and goods not of its manufacture, or for circumstances, which are beyond its control. The Company will not accept any charges arising from its inability to comply with delivery or installation programmes unless the amount to be charged is stated in its quotation or agreed by The Company in writing. All deliveries are affected to Ground Floor entrance only. All goods on site either installed or awaiting installation are the sole responsibility of The Buyer. If the contract installation date is delayed or materials to be available by date for our works is delayed, payment for manufactured products will become due at the time of the contract installation date stated. If required dedicated secure storage is to be provided by you on site to store our products at no cost to Sovereign Commercial Installations Limited.
7. Guarantee. If during the period of six months from completion of the contract any article delivered by us is found to be defective due to our faulty workmanship or material, we shall at our option repair or replace the faulty article.
8. Supply and Erect. If The Buyer elects to have fixing or erection carried out by other than The Company's own workmen or sub-contractors, The Company will accept no responsibility in regard to any defect, which may arise as a result of such fixing and erection.
The Company will not accept any responsibility or claims for delays in building operations through slowness or delay in fixing caused by site difficulties, weather conditions, hold up by other trades, strikes, lockouts, act of God or other unforeseen circumstances.
All quotations are based upon the assumption that the erection area will be cleared to enable The Company's workmen to operate without hindrance and that will not be prevented from working continuously. In the event of The Company's workmen being required to wait or stop working for the convenience of The Buyer or other trades, time will be charged at The Company's day work rates.
All cutouts for pipes, conduits, trunking, beams, fittings or other such obstruction and infils to windows etc may be subject to an extra charge unless included in The Company's quotation. Where alteration to The Buyer's premises or site is required, or a change in the layout from that shown by The Company's drawing involves additional goods or work, an extra charge will be made.
9. Catalogues, Drawings and Sales Literature. All drawings prepared by The Company for both design and layout, remain the property of The Company. No unauthorised use, copy or disclosure of the drawings may be made.
When necessary, layout drawings are submitted to The Buyer for approval prior to manufacture of the goods. These drawings show nominal dimensions relating to work contained in The Company's quotation. The Company accepts no responsibility in the event of these drawings being used by The Buyer for any other purpose.
10. Property. The property in the goods shall not pass to the buyer until the buyer has paid to the seller the whole price thereof. If, notwithstanding that the property in the goods has not passed to the buyer, the buyer shall sell the goods in such manner as to pass to a third party a valid title to the goods, the buyer shall hold the proceeds of such sale on trust for the seller. The buyer agrees that prior to the payment of the whole price of the goods the seller may at any time enter the buyer's premises and remove the goods therefrom and that prior to such payment the buyer shall keep the goods separate and identifiable for this purpose on any such sub-sale. Notwithstanding that property in the goods shall pass to the buyer save as provided above, the goods shall be at risk of the buyer from the time of collection by or delivery to him of the goods.
11. Liabilities. In the event of war invasion act of foreign enemy hostilities (whether war has been declared or not) civil war rebellion revolution insurrection or military or usurped power the seller shall be relieved of liabilities incurred under this contract wherever and to the extent to which the fulfilment of such obligations is prevented frustrated or impeded as a consequence of any such event or by any statute rules regulations orders or requisitions issued by any government department council or other duly constituted authority or from strikes lockouts breakdown of plant or any other causes (whether or not of a like nature) beyond the seller's control.
12. Conditions. Unless otherwise agreed these conditions and the contract shall be subject to and construed in accordance with English Law.
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