| Terms & Conditions of Sale and Trading | ||
General R.S.Bateman Ltd (owner of stair-nosing.co.uk) is referred to as "the Company" throughout this document.  1.1 All
quotations are made and all orders are accepted subject to
the following conditions. All other terms, conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing. 1.2 Acceptance
of delivery of Goods shall constitute acceptance of these conditions
where acceptance has not previously been communicated by the
Customer to the Company. 1.3 Orders
are accepted (save where the contrary is expressed in
writing in the acceptance) subject to availability of
stocks of the Goods ordered at the time specified for
delivery. 1.4 If
any statement or representation has been made
to the Customer by the Company, its servants
or agents, upon which the Customer relies other
than the documents enclosed with the Company's
quotation or acknowledgement of order then the
Customer must set out that statement or representation
in a document to be attached to or endorsed on
the order and in any such case the Company may
confirm, reject or clarify the point and submit
a new quotation. 1.5.1 We
shall not be liable for any loss or damage whatsoever
arising from failure by us to perform the contract,
whether wholly or in part, which is caused by:(1) default by our supplies or; (2) any cause whatsoever beyond our control. 1.5.2 Our
inclusive liability for failure to perform the contract whether wholly or in
part and for negligence (other than liability for negligence resulting in personal
injury or death) shall be limited to:(1) In cases in which goods are returned complete and in the condition which they were despatched, the supply of replacement goods. (2) In all other cases the payment of a sum not exceeding the proportion of the net invoice price which is attributable to the goods which are subject of the claim. 1.5.3 In
no circumstances whatsoever shall we be liable to indirect
or consequential loss or for loss of profits.
Delivery 2.1 Time
for delivery is given as accurately as possible but is not
guaranteed. The Customer shall have no right to damages or
to cancel the order for failure for any cause to meet any
delivery time stated. 2.2 The
date of the delivery shall in every case be dependent
upon prompt receipt of all necessary information, final
instructions or approvals from the Customer. Alterations
by the Customer in design specifications or quantities
required may result in delay in delivery. 2.3 Failure
by the Customer to take delivery
of or to make payment in respect
of any one or more instalments of
goods delivered hereunder shall entitle
the Company to treat the whole contract
as repudiated by the Customer. 2.4 The
Company will endeavour to comply with reasonable
requests by the Customer for postponement
of delivery but shall be under no obligation
to do so. Where delivery is postponed otherwise
than due to default by the Company the Customer
shall pay all costs and expenses including
a reasonable charge for storage and transportation
occasioned thereby and payment for the Goods
shall be made in accordance with these conditions. 2.5 Any
packaging supplied by the Company unless otherwise
expressly agreed is intended to provide adequate
protection throughout normal conditions of transit
of usual duration. 2.6 The
Customer is responsible in all cases for unloading
the delivery and shall be responsible for all
loss or of damage to the Goods during the course
of such unloading. 2.7 A
delivery note or notes for the Company must be
signed on receipt of the Goods.
Risk and Title 3.1 Risk
shall pass to the Customer so that the Customer is responsible
for all loss, damage or deterioration to the Goods. 3.1.1 if
the Company delivers the Goods by
its own transport or in accordance
with a specific contractual obligation
arranges transport for the Goods
at the time when the Goods or a relevant
part thereof arrive at the place
of delivery, or 3.1.2 in
all other circumstances at the time
when the Goods or a consignment or
other part thereof leave the premises
of the Company. 3.2 Title
to the Goods or any relevant part thereof shall
only pass to the Customer upon the happening
of any one of the following events:- 3.2.1 the
Customer has paid the Company all sums due and
payable by it to the Company under the contract
and all other prior contracts between the Company
and the Customer,or 3.2.2 when
the Company serves on the Customer notice in writing specifying that title
in the Goods or such part thereof has passed. 3.3 The
Company may recover Goods in respect of which title has not
been passed to the Customer at any time and the Customer hereby
licenses the Company its officers, employees and agents to
enter upon any premises of the Customer for the purpose either
of satisfying itself that condition 3.4 below is being complied
with by the Customer or of recovery of any Goods in respect
of which property has not passed to the Customer. 3.4 Until
title to the Goods has passed to the Customer pursuant
to the terms hereof it shall possess the Goods as a bailee
of the Company on the terms of the contract. If the Company
so requires the Customer shall store the Goods separately
from other Goods and shall ensure that they are clearly
identifiable as belonging to the Company.
Cancellation 4.1 Cancellation
will only be agreed to by the Company on condition that all
costs and expenses incurred by the Company up to the time
of cancellation and all loss of profits and other loss or
damage resulting to the Company by reason of such cancellation
will be paid forthwith by the Customer to the Company.
Prices 5.1 All
prices are unless otherwise stated quoted net ex works exclusive
of VAT and are subject to fluctuation in the event of any
increase in the cost of labour due to local or national awards
or increases in the cost of materials and overheads. Any
increase in such costs during the period of the contract
will be added to the quoted price. 5.2 In
the event of any alteration being requested by the Customer
and agreed by the Company in design or specification
the Company shall be entitled to make an adjustment of
the contract price corresponding to such alteration. 5.3 Prices
quoted are for the total quantities
shown and the Company may not offer
the rates or prices quoted for smaller
quantities. 5.4 All
deliveries are free other than orders or
part orders below the minimum carriage paid
order value currently applicable, as specified
in a current special quotation, or in the
absence thereof, the Company's prevailing
price list. 5.5 All
orders are subject to minimum order charge, as
specified in a current special quotation or,
in absence thereof, the Company's prevailing
price list.
Terms of Payment 6.1 Unless
otherwise agreed by the Company in writing the terms
of payment shall be made by credit card on order of goods
and services. The Company will submit its invoice with
its delivery advice note or at any time thereafter. 6.2 Where
Goods are delivered by instalments
the Company may invoice each instalment
separately and the Customer shall
pay such invoice in accordance with
these conditions. 6.3 No
disputes arising under the contract
nor delays beyond the reasonable
control of the Company shall interfere
with prompt payment in full by the
Customer.
Dimensions 7.1 The
Company reserves the right to alter or change dimensions
of the Goods supplied within reasonable limits having regard
to the nature of the Goods. Dimensions specified by the Company
are to be treated as approximate only unless the Customer
specifically states in writing that exact measurements are
required.
Loss and Damages 8.1 In
the event of any loss or damage or delay to any Goods
delivered at our risk to a buyer or to his agent or otherwise
to his order notice of the same shall be given in writing
by the buyer forthwith upon delivery (or, in the case
of the loss of any Goods, at the time when the Goods
should have been delivered) and the buyer shall at the
same time take all necessary steps to notify the carrier
in writing within 24 hours of any such loss, damage or
delay and where practicable shall enter a note of the
same upon the carriers receipt. If by reason of the failure
of the buyer to give any notice asprovided above we are precluded from making a recovery from the carrier in respect of the loss or damage or delay complained of then we shall not be liable for any claim by the buyer in respect thereof and the buyer shall be liable to pay for the Goods as though no such loss or damage has occurred. 8.2 Orders
are accepted subject to the incorporation in the contract of
these Conditions of Sale and any special conditions of sale,
which shall override and exclude any terms and conditions proposed
by a buyer, except insofar as acceptance of the same has been
communicated by us to a buyer in writing. 8.3 Terms
and conditions proposed by a buyer cannot be accepted
by our staff without express written sanction, it is
a buyers responsibility to ensure that such sanction
has been given.
Confidential Information 9.1 All
drawings, drawings, confidential records, computer software
and other information supplied by the Company are supplied
on the express understanding that copyright is reserved
to the Company and that the Customer will not without
the written consent of the Company either give away,
loan, exhibit or sell any such drawings, documents, records,
software or other information or extracts herefrom or
copies thereof or usethem in any way except in connection with the Goods in respect of which they are issued. Customer's Drawings 10.1 The
Customer shall be solely responsible for ensuring that
all drawing information, advice and recommendations given
to the Company either directly or indirectly by the Customer
or by the Customer's agents, servants, consultants or
advisers are accurate, correct and suitable. Examination
or consideration by the Company of such drawings, information,
advice or recommendations shall inno way limit the Customer's responsibility thereunder unless the Company specifically agrees in writing to accept responsibility. 10.2 The
Customer indemnify the Company from and against all actions,
claims, costs and proceedings which arise due to the manufacturer
of Goods to the drawings or specifications of the Customer
where such drawings or specifications are at fault or where
it is alleged that they involve an infringement of a Patent
copyright Registered Design or Design Copyright or other exclusive
right.
Data and Technical Information 11.1 The
information contained in the advertising, sale and technical
literature issued by the Company may be relied upon to
be accurate in the exact circumstances in which it is
expressed otherwise any illustrations, performance details,
examples of installations and methods of assembly and
all other technical data in such literature are based
on experience and upon trials under test conditions and
are provided for general guidance only.
Insolvency 12.1 The
risk in all Goods supplied by us shall pass immediately they
are delivered into the physical custody of a buyer or his
agents, or otherwise to his order. We shall retain sole and
absolute property in such goods as beneficial owner until
such time all moneys due to us from the buyer have been paid
in full, until that time a buyer shall be in possession of
the goods as bailee only and shall be deemed to have so acknowledge. 12.2 A
buyers right to possession of any goods supplied by us,
shall cease if, being an individual, he commits an available
act of bankruptcy, or, being a company, a receiver becomes
entitled to take possession of any of its assets or any
person becomes entitled to present a petition for its
winding up or it is resolved that it be wound up. Or
under any other circumstances by which moneys due to
us are not forthcoming. We shall be entitled in these
events to enter at any time with or without vehicles
upon any premises at which we reasonably believe such
goods to be stored and to repossess them. 12.3 A
buyer shall be at liberty in the
ordinary course of business to process
and make products from and, as our
agent, to sell our goods, whether
paid for, or not. The proceeds of
any such sale shall be for our account
and shall be held in trust for us
to the extent of the full price of
the goods.
Force Majeure 13.1 Neither
party shall be under any liability for any delay, loss
or damage caused wholly or in part by act of God, governmental
restriction, condition or control or by reason of any
act done or not done pursuant to a trade dispute whether
such dispute involves its employees or not or by reason
of any other act, matter or thing beyond its reasonable
control including failure by the other party to carry
out the provisions of these conditions.
Legal 14.1 The
contract shall be governed and interpreted exclusively according
to the Law of England and shall be subject to the jurisdiction
of the English Courts only.
R.S.Bateman Ltd reserve the right to make product design changes to profiles and accessories in this website, for reasons including improvement of performance and other factors dictated by market forces. |