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TERMS OF SALE

1. Interpretation

1.1 In these Terms:

You means the individual, firm, body corporate or other body who buys the Goods or whose order for the Goods is accepted by us.

We and us means the individual, firm, body corporate or other body who supplies the Goods to you under these Terms

Goods means the goods which we are to supply in accordance with these Terms.

Terms means the terms of sale set out in this document and includes any special terms agreed in Writing between you and us.

Contract means the contract for the sale of the Goods by us to you.

Writing includes facsimile transmission and comparable means of communication.

1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.

2 Basis of the Sale

2.1 We shall sell and you shall purchase the Goods in accordance with any written quotation which is accepted by you, or any written order from you which is accepted by us, subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms.

2.2 No variation to these Terms shall be binding unless agreed in Writing.

2.3 Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed in Writing and any advice or recommendation given by us to you as to the storage, application or use of the Goods which is not confirmed in Writing is followed or acted upon entirely at your own risk.

3 Price of the goods

3.1 The price of the Goods shall be a quoted price or, where no price has been quoted, the price listed in our published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by us without giving notice to you.

3.2 Except as otherwise stated under the terms of any quotation or in any price list, and unless otherwise agreed in Writing between you and us, all prices are given by us on an ex works basis, and where we agree to deliver the Goods otherwise than at our premises, you shall be liable to pay our charges for transport, packaging and insurance.

3.3 The price is exclusive of any applicable value added tax, which you shall be additionally liable to pay to us.

4 Terms of payment

4.1 Subject to any special terms agreed in Writing between us, we shall be entitled to invoice you for the price of the Goods on or at anytime after delivery of the Goods, unless the Goods are to be collected by you or you wrongfully fail to take delivery of the Goods, in which event we shall be entitled to invoice you for the price at any time after we have notified you that the Goods are ready for collection or (as the case may be) we have tendered delivery of the Goods.

4.2 Subject to a separate agreement to grant you credit terms, you shall pay the price of the Goods within the credit period agreed. The time of payment of the price shall be of the essence of the Contract.

4.3 If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:

4.3.1 cancel the Contract or any other contract between us or suspend any further work for or deliveries to you under this or any other contract;

4.3.2 appropriate any payment made by you to such of the Goods (or the goods supplied under any other contract between you and we) as we may think fit (notwithstanding any purported appropriation by you); and

4.3.3 In circumstances where the Commercial Debts (Interest) Act 1998 does not apply charge you interest (both before and after any judgment) on the amount unpaid, at the rate of 4% per annum above Barclays Bank plc's base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

4.3.4 be reimbursed fully on an indemnity basis for all fees and disbursements incurred by our solicitors in connection with your failure to make payment under the Contract.

5 Delivery

5.1 Delivery of the Goods shall be made by you collecting the Goods at our premises at any time after we have notified you that the Goods are ready for collection or, if some other place for delivery is agreed by us, by delivering the Goods to that place.

5.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by us in writing.

5.3 Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver anyone or more of the instalments in accordance with these Terms or any claim by you in respect of anyone or more instalments shall not entitle you to treat the Contract as a whole as repudiated.

5.4 If we fail to deliver the Goods for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

6 Risk and property

6.1 Risk of damage to or loss of the Goods shall pass to you:

6.1.1 in the case of Goods to be delivered at our premises, at the time when we notify you that the Goods are available for collection; or

6.1.2 in the case of the Goods to be delivered otherwise than at our premises, at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.

6.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by us to you for which payments then due.

6.3 Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee, and shall keep the Goods separate from your goods and the goods of third parties and properly stored, protected and insured and identified as our property, but you shall be entitled to resell or use the Goods in the ordinary course of your business.

6.4 Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any of your premises or any premises of a third party where the Goods are stored and repossess the Goods.

7 Warranties and liability

7.1 Subject to the Terms set out below we warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for such periods as stated by the manufacturer(s) of the Goods.

7.2 The above warranty is given by us subject to the following Terms:

7.2.1 we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow any instructions (whether oral or in writing), misuse, alteration or repair of the Goods without our approval;

7.2.2 we shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

7.3 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

7.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 your statutory rights are not affected by these Terms.

7.5 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to us within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) with a reasonable time after discovery of the defect or failure. [f you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

7.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to us in accordance with these Terms, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.

7.7 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation, or any Implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, or that of our employees or agent or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, except as expressly provided in these Terms.

7.8 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:

7.8.1 Act of God, explosion, flood, tempest, fire or accident;

7.8.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition,

7.8.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; Import or export regulations or embargoes,

7.8.4 strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or those of a third party)

7.8.5 difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

8 Insolvency

8.1 This clause applies if:

8.1.1 you make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

8.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets, or

8.1.3 you cease, or threaten to cease, to carry on business, or

8.1.4 we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly.

8.2 If this clause applies then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

9 General

9.1 Any notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may be at the relevant time have been notified pursuant to this provision to the party giving the notice.

9.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.3 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.

 

Shorts Group Ltd, Unit 1, Old Station Yard, Station Lane, Milford, Surrey GU8 5AD

Tel: 01483 418887 Fax: 01483 428881 E-mail: planthire@shorts-group.co.uk

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