CONDITIONS OF SALE
All goods offered subject to being unsold on receipt of reply and
subject to our usual terms and conditions of sale including the
following: Standard terms and conditions of sale ex-stock and to arrive
adopted by the appropriate sections of the TIMBER TRADE FEDERATION of
the United Kingdom and applied by all Departments of the Company.
1.
Where in these Conditions reference is made to the price of the goods
sold, such reference is to be construed as including, as well as the
sale price, any V.A.T. due thereon and any interest accrued pursuant to
the terms of these Conditions and, where appropriate, and at the
election of the Seller, any legal or other incidental costs incurred by
the Seller in enforcing the terms of these conditions.
2.
No quotation issued by the Seller shall constitute an offer to sell the
goods referred to therein. Any order placed by the Buyer in response to
such
a quotation shall constitute an offer made to the Seller on the
conditions set
out herein and shall only be binding on the Seller if it is accepted by
the
Seller in writing.
3. No variation or waiver of or addition to these
conditions shall be binding
unless expressly confirmed by the Seller in writing.
4. a) Goods are not tested or sold as fit for any particular purpose and
any
term warranty or condition express implied or statutory to the contrary
is
excluded. In no circumstances whatsoever shall the Seller's liability
(in
contract, tort or otherwise) to the Buyer arising under out of or in
connection
with this contract or the goods supplied hereunder exceed the invoice
price
of the particular piece(s) concerned. The Seller shall be under no
liability for
loss or damage or delay howsoever arising caused by circumstances
outside
his control.
b) The Buyer hereby acknowledges thai it has not relied on any
representation
made by the Seller and that the written terms hereof constitute
the whole agreement between the parties.
5. Any time or date named by the Seller for despatch or delivery of
goods
is given and intended as a estimate only as the Seller shall not be
liable for
the consequences, direct or indirect of any failure to despatch or
deliver the
goods within a specified time or by a specified date or otherwise for
any
delay in such despatch or delivery howsoever arising; nor shall such
failure
or delay entitle the Buyer to cancel the order so far as any goods
remain to
be delivered thereunder.
6. a) The goods shall be at the Buyer's risk as from delivery or from
the
expiration of the rent-free storage period referred to in clause 7
below, which
ever shall be earlier.
b) The property in the goods shall not pass to the Buyer until the Buyer
shall have paid the price in full, and all debts of the Buyer to the
Seller
(including any balances existing from time to time), under this or any
other
contract have been settled in full. The Seller shall be entitled to
recover the
price notwithstanding that property in the goods has not passed from the
Seller. The delivery of the goods to the Buyer shall be consideration
for any
monies received by the Seller notwithstanding that property in the goods
has not passed from the Seller.
c) Notwithstanding that the goods (or any of them) remain the property
of the Seller the Buyer may sell or use the goods in the ordinary course
of
the Buyer's business at full market value for the account of the Seller
which
shall be a sale or use of the Seller's property by the Buyer on the
Buyer's
own behalf and the Buyer shall deal as principal when making such sales
or
uses.
d) Until property in the goods passes from the Seller the entire
proceeds
of the sale or use of the goods shall be held on trust from the Seller
in an
interest -bearing bank account and shall not be mixed with other money
nor
paid into any overdrawn bank account and shall at all material times be
identified as the Seller's money. The Buyer shall (at no cost to the
Seller)
hold the books on a fiduciary basis as bailee for the Seller and the
Seller
shall be entitled at any time to enter the Buyer's premises and remove
the
goods therefrom and the Buyer shall keep the goods separate and
identifiable
for this purpose. In the event of such removal by the Seller the Buyer's
rights to sell or use the goods under paragraph c) above shall forthwith
cease.
e) If any part of this contract shall be found to the void, voidable or
otherwise invalid such part shall be treated as severable and its
invalidity or
avoidance shall not affect the validity of the rest of this contract.
7. a) The Seller will store the goods for up to fourteen days from the
date
of this contract or any other date agreed with the Buyer for collection
or the
date when the goods become available for collection, whichever shall be
later, whereafter the Buyer shall be liable to pay rent for the storage
of the
goods at the Seller's rate when prevailing which shall be notified to
the
Buyer on request.
b) Where the Seller has agreed to delivery the goods it shall only be
obliged to make one attempt at delivery at the time and place agreed
whereafter
it shall be entitled to store the goods for the Buyer and charge sum in
accordance with paragraph a) hereof.
8. Notice of any claim arising out of or in connection with this
contract
must be given in writing to the Seller within 7 working days from the
date
when the goods are collected or delivered, failing which all claims
shall be
deemed to be waived and absolutely barred. In any event the Seller shall
be
under no liability for shortage or damage unless within 3 days of
delivery the
Buyer gives written notice of claim otherwise than on a consignment note
or
delivery document to the carrier and to the Seller. The Seller shall be
under
no liability whatsoever if bulk is broken pending settlement of any
claim, or,
where the goods collected or deliverable include plywood or particle
board,
if the marked battens on the packages (if any) are not produced with the
goods for inspection by the Seller.
9. If it is agreed that the goods be processed the Seller may arrange
for
such processing to be performed by a third party and in such case the
operation shall be carried out on the Standard Terms and Conditions of
the
third party.
10. All sales "to arrive" shall be subject to shipment and safe arrival.
Any
variation in the total of the War risk insurance rate or of any charge,
tax, levy,
duty or impost on the goods shall be for the Buyer's account.
Instructions for
delivery to be given in time to enable them to be carried out upon
arrival. In
the absence of such instructions or if ordered by the Buyer to rail or
road
transport or to craft and the Buyer failed to produce same when goods
are
available the Seller may take such steps as he may in his absolute
discretion
consider to be necessary to clear the goods and may recover from the
Buyer all expenses thereby incurred.
11. If any contract(s) made by the Seller to procure the goods provides
for
variation of price(s) or for the cancellations of such contract(s) in
the event
of alteration in rate(s) of exchange and if any virtue of such provision
either
the price of any of the goods to be paid by the Seller, or the Sterling
equivalent thereof, is varied of the contract(s) is cancelled then the
price(s)
of such goods under this Contract shall be carried by the same amount of
the Seller at his option shall have the right to cancel this contract by
notifying
the Buyer in respect of any goods not delivered to the Buyer at that
date.
12. Any variation in the cost to the Seller of effecting delivery of the
goods
to the Buyer or in charges directly or indirectly affective the goods
which
occurs after the date of the contract and prior to delivery of the goods
to the
Buyer shall be for the Buyer's account, save that if any contract made
by the
Seller to procure the goods provides for cancellation of such contract
in the
event of a refusal by the Seller to agree to any variation of the rate
of freight,
and if, by virtue of any such provision such contract is cancelled, then
the
Seller shall have the option of cancelling this contract by notifying
the Buyer
in respect of any goods not delivered to the Buyer at that date.
13. All terms, express or implied, relating to the quality of goods are
warranties, only the breach of which gives no right to reject the goods
or
terminate the contract in any circumstances whatsoever.
14. All prices quoted are exclusive of Value Added Tax where applicable.
Payment for the goods shall be made on or before the date fixed in
accordance with the terms agreed between the Buyer and Seller for the
operation of the account between them; in the event that payment shall
not
have been made by such date the Seller shall be entitled to recover from
the
Buyer interest on any outstanding balance at the rate of 2% above the
Bank
of England's minimum lending rate for the time being in force for the
period
from such date until the date of payment.
15. Where these Terms and Conditions in any way conflict with any terms
on which the Buyer has purported to purchase the goods, then the
provisions of any such terms of the Buyer shall be deemed to be
ineffective
to the extent that they are inconsistent herewith.
16. a) If it is agreed that the goods be processed the Seller may
arrange for
such processing to be performed by a third party and in such case the
operation shall be carried out on the Standard Terms and Conditions of
the
third party.
b) All goods are accepted for processing at the owners risk. It is a
condition of all contracts for the processing of goods, that no
warranty whatsoever
is given or implied except that the processors will exercise reasonable
care and skill and the processors, their servants or agents will not be
liable
for any loss, deterioration or damage arising from no cause whatever
other
than their own negligence.
