HKS - Hardwood & Joinery Softwoods

+44 (0)1753 708545

+44 (0)7850 752 835

Hardwood & Joinery Softwoods - HJS

Specialist Hardwood Supplier, Servicing Joinery, Furniture and Allied Industries Since 1968

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Terms & Conditions

 

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.

 

Hardwood & Joinery Softwoods

Terms & Conditions  Business Links

268 Bath Road, Slough, Berkshire SL1 4DX

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Tel: +44 (0)1753 708545  | Mob: +44 (0)7850 752 835  | E-mail: sales@hjshardwoods.co.uk

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