TERMS AND CONDITIONS OF SALE
The following terms and conditions shall apply to all contracts concluded by Bicester upvc ltd. (The Company) in respect of the supply of goods and or work and labour to the exclusion of all other terms and conditions whether express or implied.
No variation of, or additions to, the contract or these conditions shall be binding upon the Company unless in writing under
the hand of a duly authorised official of the Company.
1. Price. Subject to Condition 8 hereof:
(i) In respect of goods where the delivery period is within 2 weeks from the date of quotation the price stated is firm. In
any other case the Company is entitled to increase the price to its price ruling of the date of delivery.
2. Payment.
Payment shall be due whether or not property in the goods has passed by virtue of paragraph 6 below and
the Company shall accordingly be entitled to sue for the price, together with costs, once the same is due even if the
property in the goods has not passed.
3. Damage.
(i) In respect of goods and except as provided by section 12 of the Sale of Goods Act 1893 (as amended) the Company
makes no representation warranty condition of guarantee express or implied statutory or otherwise that they are fit for
any purpose whatsoever irrespective of any information given by the Company as to the intended use of the goods.
Except as provided by Section 12 of the Sale of Goods Act 1893 (as amended) the Company accepts no liability
whatever for the breach of any representation warranty or condition express or implied statutory or otherwise in respect
of the goods which is hereby expressly excluded and shall not be liable either in contract or in tort for any loss or
damage direct or indirect and to whomsoever occurring arising out of or in connection with the goods or their use. Any
instructions or advice as to the use of goods is given in good faith but is for information only and shall not give rise to
any legal obligation whatever on the part of the Company.
(ii) In respect of work and labour the Company makes no representation warranty condition or
guarantee express or implied statutory or otherwise as to the quality of workmanship or materials and shall not be liable
either in contract or in tort for any loss or damage direct or indirect and to whomsoever occurring caused by or
attributable to any act negligence or default by the company its servants or independent contractors and the Company
accepts no liability whatever for the breach of any representation warranty or condition express or implied statutory or
otherwise in respect of such work or labour which is hereby expressly excluded.
(iii) The customer hereby undertakes and agrees to indemnify the Company fully and effectually indemnified against all
liabilities costs and expenses incurred by the Company as a result of any claim by any third party whether in
contract tort or otherwise in respect of goods supplied of work and labour undertaken by the Company.
(iv) This condition shall be without prejudice to the statutory rights of a purchaser dealing as consumer pursuant to the
Unfair Contract Terms Act 1977.
4. Delivery Dates:
The Company will endeavour to supply goods and/or execute work on or before the date specified but
time shall not be of the essence and the Company shall not be liable for any loss or damage direct or indirect arising
out of failure to deliver and/or execute or delay in delivery and/or execution howsoever arising.
5. Notification of Non-Delivery or Damage.
If goods are delivered short or damaged on delivery the purchasers must notify the Company in writing within 3 days
of such shortage or damage. Failure to do so may cause claims by the Company to be rejected by any carrier employed
or if our own transport is used rendering thorough investigation impossible and any loss must be borne solely by the
purchaser.
6. The property in goods shall not pass to the buyer until the buyer has paid to the seller all sums due. If not withstanding
that the property in the goods has not passed to the buyer the buyer shall sell the goods in such a 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 all sums due the seller may at any time enter the buyers premises and remove the
goods there from and that prior to such payment the buyer shall keep the goods separate and identifiable for this
purpose. Nothing herein shall constitute the buyer the agent of the seller for the purpose of any such sub-sale.
Notwithstanding that property in the goods shall not pass to the buyer save as provided above the goods shall be at
the risk of the buyer from the time of collection by or delivery to him of the goods.
7. Publications.
All information contained in any of the Companies publications is given in good faith but without
warranty or condition and the Company accepts no liability for any loss or damage direct or indirect and howsoever
occurring arising out of or in connection with the same.
8. Statutory Rights:
Nothing herein contained shall override any provisions imposed by law pursuant to the Unfair Contract
Terms Act 1977 except in so far as any provision herein contained may lawfully do so.
9. Governing Law:
All contracts shall be governed and construed according to the laws of England and any dispute
arising out of or in connection with the same shall be submitted to the exclusive jurisdiction of the English Courts.
