Terms And Conditions Of Sale - Supply Only

1. QUOTATIONS AND PRICES

Quotations are for information only and are not binding on us until we have accepted an order in writing, and we reserve the right to revise quoted prices and charges in the event of any change in our costs and/or prevailing conditions between the date of quotation and the date of dispatch, and in the event of any relevant devaluation or revaluation of any currency.

2. INTERPRETATION

In these conditions of sale, the Expression ‘the Company’ shall mean Granada Glazing Ltd, its servants and agents. ‘The Buyer shall be any customer of the Company. The Goods’ shall mean products manufactured or sold, or work or service performed by the Company. No employee of the Company has the authority to add to or depart from these terms or make any representations about the goods on the contract made herein. Acceptance of the goods by the Buyer shall be conclusive evidence before any Court or Arbitrator that these terms apply. Previous dealings between the Company and any Buyer shall not vary or replace these terms or be deemed in any circumstances whatsoever to do so.

3. PROPERTY

Until payment has been made in accordance with the above.

  1. Upon request by the Company the Buyer as Bailee’s (or trustees) of the goods that they are identified as the property of the Company notwithstanding that the Buyer may have made new objects from the goods or mixed the goods with other objects.
  2. The Buyer shall be entitled to sell the goods at a proper price to a bona fide purchaser for value with normal course of business and deliver the same pursuant to such a sale. The proceeds of sale shall belong to the Company until the Buyer has paid in full to the Company all sums owing by the Buyer to the Company under or arising from any transaction sale or account whatsoever. The said proceeds of sale shall be kept separate and at the written request of the Company kept in a bank account nominated by the Company.
  3. The Buyer shall not exchange or barter the goods in any way.
  4. The Buyer and not the Company shall be liable for any breach of contract, warranty or misrepresentation made by the Buyer in the course of such sale and the Buyer shall keep the Company indemnified in respect hereof.
  5. Upon request the Buyer shall assign forthwith to the company if necessary by deed of assignment the benefit of any agreement whether written or oral under which the goods have been sold including but not limited to any claim for the sale price thereof or their recovery or value. Upon assignment the Company shall be entitled to pursue any remedy open to the Buyer and shall be entitled to retain any sum or property recovered as payment of any sum owing to the Company by the Buyer.
  6. If the Buyer does not pay for any goods supplied by the Company within the period of credit prescribed herein or otherwise agreed the Company shall be entitled to enter upon the Buyer’s premises and take possession of any goods supplied to the Buyer by the Company (where appropriate detaching them from any objects which they have become part or with which they have been mixed with without liability to the Buyer for any consequential damage to the said objects.) |Upon the happening of any act whatsoever or the commencement of any proceedings which could lead to the bankruptcy, liquidation or the appointment of a receiver or manager of the Buyer all sums in respect of goods delivered by the Company to the Buyer or arising from or under any transaction sale or account whatsoever shall become due immediately.
4. APPLICATION

All orders are accepted only upon the terms and conditions herein contained. Unless expressly accepted by the Company in writing no addition or modification of any agreement incorporating these Conditions shall apply, nor shall terms and conditions submitted by the purchaser form part of any contract binding on the Company.

5. RISK
  1. The Buyer acknowledges that before entering into an agreement for the purchase of any goods from the Company he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy, or being a Company with limited or unlimited liability knows of no circumstances which would entitle any debenture holder or unsecured creditor to appoint a receiver or to petition for the winding- up of such a Company or exercise any other rights over or against such company’s assets.
  2. All goods sold by the Company shall remain the property of the Company, which will retain full legal title to all goods, until the buyer has paid to the Company the full price of such goods.
  3. The buyer acknowledges that he is in possession of the goods as Bailee or agent of the company until such time as the buyer shall have paid to the Company the full price of such goods, together with the full price of any other goods purchased by the Buyer from the Company.
  4. The Buyers right to possession of the goods shall cease if the Buyer, not being a Company, commits any act of Bankruptcy or if, being a Company, does anything, or fails to do anything which thereby entitles a Receiver to take possession of any or all of the assets of the Buyer or which hereby entitles any person to present a petition for winding up the Buyer. The Buyer also acknowledges that if the Company requires the immediate return of the goods, they may enter the premises where the goods are stored and may repossess the same.
6. PAYMENT
  1. The full price of goods including VAT as invoiced shall be due and payable to the company without deduction upon collection or receipt or in exceptional cases not later than 30 days from date of invoice
  2. The Company reserves the right to at any time to cease deliveries against any unpaid account and charge any cost and losses through non-delivery to the Buyer.
  3. All cheques should be made payable to ‘Granada Glazing Ltd’. A £1.50 administration charge needs to be included and orders will not be sent to the factory until payment has cleared in the bank, which is 10 working days.
  4. The Company will be entitled to charge interest on all sums owing beyond the due date at a rate of 5% above National Westminster Bank plc lending rate
  5. The Company shall not be bound to deliver goods due to the Buyer in respect of any subsequent contract until such time as all sums for the payment of the Company under any previous contract, including interest have been met in full, and in the event of the Buyer’s repeated or prolonged failure to meet sums due or in the event of the Buyer becoming insolvent the Company shall be entitled to rescind any contracts without prejudice.
7. PRICE
  1. Unless agreed by the Company in writing, prices charged will be according to the lists in force at the date of receipt of any order from the Buyer. The company reserves the right to alter or withdraw such lists without prior notice.
  2. All prices quoted are exclusive of VAT
8. DELIVERY
  1. Delivery will normally be made by road vehicle to the Buyer’s designated place of business, but the Company reserves the right to adopt any means of delivery, which may seem expedient.
  2. Delivery will be made to the kerbside, as near as possible to the agreed delivery location.
  3. The Buyer is responsible, at their own cost, for ensuring sufficient labour is available to unload and distribute the Goods from the delivery vehicle. If there is not, in the opinion of the delivery driver, sufficient labour to unload the Goods, an alternative delivery date will be arranged at the supplier’s convenience, and the Buyer shall be liable for redelivery costs.
  4. The Company reserves the right to make a special carriage charge
  5. Any time quoted for delivery does not form part of the contract.
  6. Should the Company be delayed in or prevented from carrying out its obligation under the contract, or should fulfillment of the contract become not reasonably practicable to the Company by Act of God, strike, lock-outs, trade disputes or any other labour disturbances, fire, flood, difficulty in obtaining workmen, materials or transport or the consequences of hostilities or any Government interference or other circumstances whatsoever outside the Company’s control, the Company shall not be liable to the Buyer for any loss or damage whether direct or indirect which may thereby be suffered by the Customer and furthermore shall be entitled by written notice determine or suspend the contract without incurring liability for any loss, expense or damage resulting to the customer.
  7. Any damage to goods during unloading shall be the liability of the Buyer.
  8. The liability of the company in respect of goods which are damaged during carriage by its approved carrier or its own transport shall be limited to the supply of a new part or the making good of the defective part and the Company shall not be liable for any cost whatsoever.
  9. Aborted deliveries: A minimum charge of £75 will be incurred in the event that changes are required to the delivery details and/or date later than 48 hours following issue of the Final Delivery Schedule.
  10. Should the delivery date and/or location differ from that confirmed by the customer in the delivery confirmation process. A minimum charge of £75 per aborted delivery will be applied. Unless such changes are notified to the company at least 48 hours prior to despatch.
9. RECLAIM GOODS
  1. The company reserves the right to repossess any goods sold hereunder to the Buyer in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Buyer hereby grants an irrevocable right and license to the Company through its servants and agents to enter with or without vehicles upon all and any premises on which such goods may be situated. These rights shall continue to subsist notwithstanding the termination of this contract whether through the happening of any events specified in condition 6(f) or otherwise without prejudice to any accrued rights to the company hereunder.
10. CLAIMS
  1. No claims on account of shortage, damage or errors will be considered unless reported to the company within 3 days after receipt of delivery and confirmed in writing within 7 days of receipt of delivery
  2. Where goods are delivered by an approved carrier or the Company’s own transport, no claims for damage or breakage will be allowed after a signed acceptance note is received
  3. The whole design of goods manufactured and supplied by the Company is the sole property of the Company and the Buyer undertakes not to copy any goods supplied by the Company, or any part thereof without the express prior written consent of the Company, which consent may be at the sole discretion of the Company be withheld or given to such conditions as the company may see fit to impose.
11. GLAZING
  1. The Company shall not be deemed responsible for the replacement of any glasses that when viewed from a distance of 2 meters with normal correct vision shows no surface abrasions or imperfections.
12. MEASURING
  1. The correct measuring and ordering of units is the sole responsibility of the buyer. If a representative of the Company surveys an order, the Company shall not be deemed liable for any discrepancies either in size or design.