TERMS AND CONDITIONS OF SALE.
The Company; Solent Building Supplies Ltd and/or Solent Brick.
Us; Solent Building Supplies Ltd and/or Solent Brick.
You; The customer and/or Representative/Agent .
Contract; The ordering of goods by the customer from
Solent Building Supplies Ltd and/or Solent Brick.
- These terms and conditions form the whole agreement between us and you and override any other terms and conditions which you may subsequently seek to impose on us. No other express terms or conditions shall be incorporated into the contract unless agreed in writing and signed by a Director of Solent Building Supplies Ltd and/or Solent Brick.
- No contract comes into existence until your order is accepted by us and a written or electronic Order Acknowledgement is sent by us and received by you.
- Subject as provided in Clause 5, the prices advertised or quoted and/or stated on the Order Acknowledgement are those ruling at the time of ordering and do not include any charge for handling or delivery. If a delivery or handling charge is to be made (see Delivery Charges section) then this will be quoted as a separate item.
- All prices quoted unless otherwise stated EXCLUDE V.A.T .
- We reserve the right to increase prices at any time. We will not increase a price after your order has been accepted.
- All sums are payable before the goods are delivered or collected unless an authorised account is in operation and no sums are overdue. Where an account exists, payment shall be due by the last day of the month following the month of supply.
- We reserve the right to recover goods supplied by us to you where the instrument of payment subsequently proves to be invalid or illegal.
- Delivery dates and times quoted or mentioned are given in good faith and based on prevailing conditions but do not form part any contractual agreement. We shall use all reasonable endeavours to meet any such date or time, but shall not incur any liability for any loss or damage resulting from any delay in delivery.
- Risk in the goods shall pass to you when the goods are collected by you or delivered to an address specified by you when the goods are delivered to that address.
- You are under a duty to inspect the goods on delivery wherever it is possible to do so, or in any case within 24 hours of delivery.
- Where the goods are not delivered or are damaged or short on delivery, then we shall not be liable to you unless you:
(a) notify us within 48 hrs in the case of short or damaged delivery and give us a reasonable opportunity to inspect the goods in the condition and place delivered. You must not reject any goods by reason of short delivery.
(b) In the case of non-delivery, notify us within 24 hrs of the expected time and date of delivery.
- If you refuse to take delivery of the goods, you will be liable to us for any loss or costs incurred by us as a result of your refusal to take delivery of the goods.
- All descriptions and samples of goods are approximate only and are intended to represent a guide to the goods. We shall not be liable to you for their accuracy and no contract shall be a contract by description or sample or both.
- You acknowledge that you are buying in the course of your business or personal requirements and that you have not relied on our skill or judgement as to whether the goods are fit for you particular requirements or purpose. You also acknowledge that the provisions of this clause are reasonable and reflected in the price of the goods and you shall accept risk and/or insure accordingly.
- All conditions, warranties and representations, implied by common law, statute or otherwise (including without limitation any implied condition, warranty or representation as to correspondence of the goods with any description given, merchantable quality or fitness for any particular purpose) are excluded and otherwise waived by you.
- We shall not be liable to you for any loss or damage whether consequential or indirect and whether arising in contract or tort (including negligence) arising out of or in connection with goods supplied by us to you. Non-exhaustive illustrations of consequential or indirect loss would be loss of profits, loss of contract/s, damage to property or that of anyone else and personal injury to you or anyone else (unless the injury is caused by our negligence).
- FORCE MAJEURE. We accept no liability for any failure to deliver or supply goods to you arising from circumstances outside and beyond our control.
- FOREBEARANCE. Our rights shall not be prejudiced or restricted by any indulgence or forbearance extended to you.